title: Commission Implementing Regulation (EU) 2015/2185 of 26 November 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               27.11.2015

               EN

               Official Journal of the European Union

               L 312/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2185
   of 26 November 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 November 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  50,7

                  MA

                  70,0

                  ZZ

                  60,4

                  0707 00 05

                  AL

                  56,9

                  MA

                  93,1

                  TR

                  141,5

                  ZZ

                  97,2

                  0709 93 10

                  AL

                  83,5

                  MA

                  75,1

                  TR

                  159,0

                  ZZ

                  105,9

                  0805 20 10

                  CL

                  96,2

                  MA

                  93,2

                  PE

                  78,3

                  ZZ

                  89,2

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

                  TR

                  81,8

                  ZZ

                  81,8

                  0805 50 10

                  AR

                  61,0

                  TR

                  109,5

                  ZZ

                  85,3

                  0808 10 80

                  AU

                  166,8

                  CA

                  159,7

                  CL

                  85,7

                  MK

                  28,7

                  NZ

                  173,1

                  US

                  145,5

                  ZA

                  164,2

                  ZZ

                  132,0

                  0808 30 90

                  BA

                  85,4

                  CN

                  63,9

                  TR

                  128,8

                  ZZ

                  92,7

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


title: Commission Implementing Regulation (EU) No 712/2013 of 24 July 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               25.7.2013

               EN

               Official Journal of the European Union

               L 200/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 712/2013
   of 24 July 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 July 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0707 00 05

                  TR

                  124,7

                  ZZ

                  124,7

                  0709 93 10

                  TR

                  128,9

                  ZZ

                  128,9

                  0805 50 10

                  AR

                  86,2

                  CL

                  73,3

                  TR

                  70,0

                  UY

                  72,5

                  ZA

                  95,2

                  ZZ

                  79,4

                  0806 10 10

                  CL

                  51,4

                  EG

                  185,0

                  TR

                  169,6

                  ZZ

                  135,3

                  0808 10 80

                  AR

                  177,7

                  BR

                  112,3

                  CL

                  125,7

                  CN

                  79,0

                  NZ

                  134,1

                  US

                  165,6

                  ZA

                  131,6

                  ZZ

                  132,3

                  0808 30 90

                  AR

                  97,6

                  CL

                  151,4

                  CN

                  77,3

                  NZ

                  162,9

                  TR

                  246,0

                  ZA

                  102,1

                  ZZ

                  139,6

                  0809 10 00

                  TR

                  193,0

                  ZZ

                  193,0

                  0809 29 00

                  TR

                  320,9

                  ZZ

                  320,9

                  0809 30

                  TR

                  171,7

                  ZZ

                  171,7

                  0809 40 05

                  BA

                  69,9

                  TR

                  118,8

                  XS

                  74,4

                  ZZ

                  87,7

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


title: Commission Implementing Regulation (EU) 2016/531 of 30 March 2016 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Lingot du Nord (PGI))

text:
               6.4.2016

               EN

               Official Journal of the European Union

               L 89/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/531
   of 30 March 2016
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Lingot du Nord (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 France's application for the approval of amendments to the specification for the protected geographical indication ‘Lingot du Nord’, registered under Commission Regulation (EC) No 284/2008 (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 as required by Article 50(2)(a) of that Regulation (3).

               (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 ‘Lingot du Nord’ (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, 30 March 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)  Commission Regulation (EC) No 284/2008 of 27 March 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Lingot du Nord (PGI), Cipolla Rossa di Tropea Calabria (PGI), Marrone di Roccadaspide (PGI)) (OJ L 86, 28.3.2008, p. 21).

      (3)  OJ C 374, 11.11.2015, p. 5.


title: Commission Implementing Regulation (EU) No 263/2013 of 18 March 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Alto Adige/Südtiroler Apfel (PGI))

text:
               22.3.2013

               EN

               Official Journal of the European Union

               L 82/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 263/2013
   of 18 March 2013
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Alto Adige/Südtiroler Apfel (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)

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

               (2)

               By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Mela Alto Adige/Südtiroler Apfel’ registered under Commission Regulation (EC) No 1855/2005 (3).

               (3)

               Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union
                   (4), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments 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 contained in the Annex to this Regulation 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, 18 March 2013.

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

            Member of the Commission

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ L 297, 15.11.2005, p. 5.

      (4)  OJ C 125, 28.4.2012, p. 5.

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

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      ITALY
      Mela Alto Adige/Südtiroler Apfel (PGI)


title: Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols  Text with EEA relevance

text:
               19.12.2014

               EN

               Official Journal of the European Union

               L 365/82

         COMMISSION IMPLEMENTING REGULATION (EU) No 1355/2014
   of 17 December 2014
   amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols
   (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 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (1), and in particular Article 13(2) thereof,
   Acting in accordance with the conformity checking procedure set out in Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (2),
   Whereas:

               (1)

               Pursuant to Article 5(1) of Regulation (EC) No 2099/2002, Member States and the Commission shall cooperate in order to define, as appropriate, a common position or approach in the competent international fora with a view to reducing the risks of conflict between the maritime legislation of the Union and international instruments.

               (2)

               Regulation (EC) No 391/2009 forms together with Directive 2009/15/EC of the European Parliament and the Council (3) one coherent piece of legislation where the activities of recognised organisations are regulated in a consistent manner in accordance with the same principles and definitions. Pursuant to Article 3(2) of Directive 2009/15/EC, if a Member State decides, with respect to ships flying its flag, to authorise an organisation to carry out on its behalf the inspections and surveys related to statutory certificates, it shall entrust these duties only to a recognised organisation, which, pursuant to Article 2(g) of that Directive, means an organisation recognised in accordance with Regulation (EC) No 391/2009. Therefore, the set of rules on the basis of which the organisations concerned are recognised has an impact on both acts.

               (3)

               The term ‘international conventions’ as defined in Article 2(b) of Regulation (EC) No 391/2009 means the International Convention for the Safety of Life at Sea of 1 November 1974 (the SOLAS Convention) with the exception of chapter XI-2 of the Annex thereto, the International Convention on Load Lines of 5 April 1966 (the Load Lines Convention) and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (the MARPOL Convention), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, in their up-to-date version.

               (4)

               The IMO Assembly at its 28th session adopted an IMO Instruments Implementation Code (III Code), as set out in IMO resolution A.1070(28) of 4 December 2013, as well as amendments to the Load Lines Convention, with a view to rendering the III Code mandatory, together with an associated flag State audit scheme, as set out in IMO resolution A.1083(28) of 4 December 2013.

               (5)

               The IMO Marine Environment Protection Committee (MEPC) at its 66th session adopted amendments to the Protocol of 1978 relating to the MARPOL Convention, as set out in resolution MEPC.246(66) of 4 April 2014, and to the Protocol of 1997 relating to the MARPOL Convention, as modified by the Protocol of 1978 relating thereto, as set out in resolution MEPC.247(66) of 4 April 2014, with a view to rendering the III Code mandatory, together with an associated flag State audit scheme.

               (6)

               The IMO Maritime Safety Committee (MSC) at its 93rd session adopted amendments to the SOLAS Convention, as set out in resolution MSC.366(93) of 22 May 2014, and to the Protocol of 1988 relating to the Load Lines Convention, as set out in resolution MSC.375(93) of 22 May 2014, with a view to rendering the III Code mandatory, together with an associated flag State audit scheme.

               (7)

               The MEPC at its 65th session and the MSC at its 92nd session adopted an IMO Code for Recognized Organizations (RO Code), as set out in resolution MSC.349(92) of 21 June 2013.

               (8)

               The MEPC at its 65th session adopted amendments to the Protocol of 1978 relating to the MARPOL Convention with a view to rendering the RO Code mandatory, as set out in resolution MEPC.238(65) of 17 May 2013.

               (9)

               The MSC at its 92nd session adopted amendments to the SOLAS Convention and to the Protocol of 1988 relating to the Load Lines Convention with a view to rendering the RO Code mandatory, as set in resolutions MSC.350(92) and MSC.356(92) of 21 June 2013.

               (10)

               The III and RO Codes are therefore expected to enter into force during the period between 1 January 2015 until 1 January 2018 in accordance with the applicable rules for the adoption, ratification and entry into force of amendments under each of the IMO conventions concerned.

               (11)

               On 13 May 2013, the Council adopted Council Decision 2013/268/EU on the position to be taken on behalf of the European Union within the International Maritime Organization (IMO) with regard to the adoption of certain Codes and related amendments to certain conventions and protocols (4). Pursuant to Article 5 of that Decision, the Council authorised the Member States to give their consent to be bound, in the interest of the Union and subject to the declaration set in the Annex of that Decision, by the amendments referred to in recitals 4 to 9 of this Regulation.

               (12)

               The declaration annexed to Council Decision 2013/268/EU states that Member States consider that the III Code and the RO Code contain a set of minimum requirements on which States can elaborate and improve as appropriate for the enhancement of maritime safety and the protection of the environment.

               (13)

               It also states that nothing in the III Code or RO Code shall be construed to restrict or limit in any way the fulfilment of Member States' obligations under the law of the Union in relation to the definition of ‘statutory certificates’ and ‘class certificates’, the scope of the obligations and criteria laid down for recognised organisations, and the duties of the European Commission as regards the recognition, assessment and, where appropriate, the imposition of corrective measures or sanctions on recognised organisations. The same declaration states that, in the case of an IMO audit, Member States will state that only compliance with those provisions of the relevant international conventions which Member States have accepted, including in the terms of this declaration, shall be verified.

               (14)

               In the legal order of the Union, the scope of Regulation (EC) No 391/2009 as well as that of Directive 2009/15/EC includes references to the ‘international conventions’ as described in recital 3. In this framework, amendments to IMO conventions are automatically brought into Union law at the same time when they enter into force at the international level, including the related codes of mandatory status such as the III and RO codes, which therefore form part of the IMO instruments relevant for the application of Regulation (EC) No 391/2009.

               (15)

               Amendments to international conventions may however be excluded from the scope of Union maritime legislation in accordance with the conformity checking procedure if they meet at least one of the two criteria set out in Article 5(2) of Regulation (EC) No 2099/2002.

               (16)

               The Commission evaluated the amendments to the IMO conventions in accordance with Article 5 of Regulation (EC) No 2099/2002 and determined that a number of discrepancies exist between, on the one hand, the III Code and the RO Code, and, on the other hand, Regulation (EC) No 391/2009 and Directive 2009/15/EC.

               (17)

               First, paragraph 16.1 of part 2 of the III Code provides for a minimum list of resources and processes which flag States have to establish, including the provision of administrative instructions pertaining, inter alia, to ship class certificates required by the flag State to demonstrate compliance with structural, mechanical, electrical, and/or other requirements of an international convention to which the flag State is a party or compliance with a requirement of the flag State's national regulation. As detailed in recital (21) below however, Union law draws a distinction between statutory certificates and class certificates. The latter are documents of a private nature and are neither acts of a flag State nor issued on any flag State's behalf. This provision of the III Code in fact refers to SOLAS Chapter II-1, Part A-1, Regulation 3-1, which provides that ships shall be designed, constructed and maintained in compliance with the structural, mechanical and electrical requirements of a classification society which is recognized by the Administration in accordance with the provisions of regulation XI-1/1. 1. The SOLAS convention clearly identifies the ship or its legal representation vis-à-vis the flag State as the object of this requirement. Furthermore, when acting in its capacity as class society, a recognised organisation issues ship class certificates in accordance with its own rules, procedures, conditions and private contractual arrangements, to which the flag State is not a party. Therefore, this provision of the III Code contradicts the delineation of class and statutory activities as set out in the existing EU legislation.

               (18)

               Second, paragraph 18.1 of part 2 of the III Code requires the flag State to determine, ‘with regard only to ships entitled to fly its flag’, that a recognised organisation has adequate resources in terms of technical, managerial and research capabilities to accomplish the duties entrusted to it. In contrast, this aspect is addressed under Union law as a requirement for the purpose of the recognition as reflected in criterion A.3 in Annex I of Regulation (EC) No 391/2009, and with regard to the entire fleet in the class of the organisation concerned, without distinction based on flag. Should the above provision of the III Code be incorporated into Union law, it would restrict the application of criterion A.3 in Annex I of Regulation (EC) No 391/2009 to the recognised organisation's performance with regard only to ships flying the flag of Member States, in contradiction with the requirements currently in force.

               (19)

               Third, paragraph 19 of part 2 of the III Code introduces a prohibition for a flag State to mandate its recognised organisations to apply to ships, other than those entitled to fly its flag, any requirements pertaining to, inter alia, their classification rules, requirements or procedures. Pursuant to Directive 2009/15/EC, Member States can only authorise an organisation to act on their behalf for the statutory certification of their respective fleet if that organisation has been recognised and is being monitored for this purpose in accordance with Regulation (EC) No 391/2009. In this framework, the recognised organisations as such have to comply with certain requirements in their relevant activities across their classed fleet, irrespective of the flag. This relates to most of the criteria set out in Annex I of Regulation (EC) No 391/2009, as well as to other obligations, in particular Article 10(4) of that Regulation. Should the above provision of the III Code be incorporated into Union law, it would restrict the application of the existing recognition requirements in Regulation (EC) No 391/2009, inter alia, if they qualify as rules, requirements and procedures to the recognised organisation's performance with regard only to ships flying the flag of Member States.

               (20)

               Fourth, section 1.1 of part 2 of the RO Code defines a ‘Recognized Organization’ as an organisation assessed by a flag State, and found to comply with part 2 of the RO Code. In contrast, Article 2(e) of Regulation (EC) No 391/2009 provides that a recognised organisation is ‘an organisation recognised in accordance with this Regulation’. Based on the Commission's evaluation set out in recitals (21) to (23), it appears that several provisions in part 2 of the RO Code are incompatible with Regulation (EC) No 391/2009. Consequently, a recognised organisation as defined in the RO Code would not fulfil all the requirements of Regulation (EC) No 391/2009 and could therefore not meet the definition of a recognised organisation as set out in Union law.

               (21)

               Fifth, section 1.3 of part 2 of the RO Code defines ‘statutory certification and services’ as a single category of activities that a recognised organisation is entitled to perform on behalf of the flag State, including the issuance of certificates pertaining to both statutory and class requirements. In contrast, the definitions set out in Article 2(g) and (i) of Regulation (EC) No 391/2009 draw a clear distinction between ‘statutory certificates’, which are those certificates issued by or on behalf of a flag State in accordance with the international conventions, and ‘class certificates’, which are those documents issued by a recognised organisation, in its capacity as class society, certifying the fitness of a ship for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation. It follows that, under Union law, statutory and class certificates are distinct and have different natures. Namely, statutory certificates have a public nature, while class certificates have a private nature, being issued by the class society in accordance with its own rules, procedures and conditions. It follows that classification certificates issued by a recognised organisation for a ship in order to attest compliance with classification rules and procedures, including when verified by a flag State as proof of compliance with SOLAS Chapter II-I, Part A-1, Regulation 3-1, are documents of a strictly private nature which are neither acts of a flag State nor carried out on any flag State's behalf. In the RO Code however, ‘statutory certification and services’ are systematically referred to as being performed by the RO ‘on behalf of the flag State’, contradicting the legal distinction established in Union law. Notwithstanding this contradiction, this provision of the RO Code, if accepted as a norm in the Union legal order, entails a manifest risk that the recognition requirements contained in Regulation (EC) No 391/2009 which pertain to the entire activity of the organisation, irrespective of flag, could no longer be enforced within the EU.

               (22)

               Sixth, section 3.9.3.1 of part 2 of the RO Code provides for a mechanism of cooperation between recognised organisations under the sole framework established by the flag State with the view to standardising processes concerning statutory certification and services for the flag State, as appropriate; whereas section 3.9.3.2 of part 2 of the same Code establishes a framework by a flag State or ‘a group of flag States’ to regulate cooperation among their recognised organisations on technical and safety-related aspects of ‘statutory certification and services of ships […] on behalf of the said flag State(s)’. In contrast, cooperation between recognised organisations under Union law is governed by Article10(1) of Regulation (EC) No 391/2009, which requires recognised organisations to consult with each other with a view to maintaining equivalence and aiming for harmonisation of their rules and procedures and the implementation thereof, and sets out a framework for the mutual recognition, in appropriate cases, of class certificates for materials, equipment and components. Those two cooperation processes under Article 10(1) pertain to the private activities of the recognised organisations, in their capacity as classification societies, and therefore apply without distinction based on flag. The cooperation mechanisms provided for in the RO Code, if incorporated into Union law, would therefore limit the scope of the cooperation framework established by Regulation (EC) No 391/2009 to the recognised organisations' activities with regard only to ships flying the flag of Member States, in contradiction with the requirements currently in force.

               (23)

               Seventh, section 3.9.3.3 of part 2 of the RO Code is identical to paragraph 19 of part 2 of the III Code; therefore the considerations made in recital 19 are equally relevant to this provision of the RO Code.

               (24)

               Nothing in either the III Code or the RO Code should place any restrictions on the Union's capacity to lay down, in accordance with the Treaties and international law, appropriate conditions for the granting of recognition to organisations wishing to be authorised by the Member States to carry out ship survey and certification activities on their behalf, with a view to achieving the Union's objectives and in particular to enhance maritime safety and the protection of the environment.

               (25)

               The scheme for the mutual recognition of class certificates for materials, equipment and components laid down by Article 10(1) of Regulation (EC) No 391/2009 is only enforceable within the Union in respect of ships flying the flag of a Member State. As far as foreign vessels are concerned, the acceptance of relevant certificates remains at the discretion of relevant non-EU flag States in the exercise of their exclusive jurisdiction, notably under the United Nations Convention on the Law of the Sea (UNCLOS).

               (26)

               Based on its evaluation, the Commission determined that the provisions of the III Code and of the RO Code referred to in the preceding recitals are incompatible with Regulation (EC) No 391/2009 and should be excluded from the scope of that Regulation. Therefore Article 2(b) of Regulation (EC) No 391/2009 should be amended accordingly.

               (27)

               As the RO Code enters into force on 1 January 2015, this Regulation should enter into force as soon as possible after its date of publication.

               (28)

               The Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) did not deliver an opinion on the measures provided for in this Regulation. 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
   In Article 2 of Regulation (EC) No 391/2009, point (b) is replaced by the following:

                  ‘(b)

                  “international conventions” means the International Convention for the Safety of Life at Sea of 1 November 1974 (SOLAS 74) with the exception of chapter XI-2 of the Annex thereto, the International Convention on Load Lines of 5 April 1966 and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (MARPOL), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, with the exception of paragraphs 16.1, 18.1 and 19 of part 2 of the IMO Instruments Implementation Code, and of sections 1.1, 1.3, 3.9.3.1, 3.9.3.2 and 3.9.3.3 of part 2 of the IMO Code for Recognized Organizations, in their up-to-date version.’

   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 131, 28.5.2009, p. 11.

      (2)  OJ L 324, 29.11.2002, p. 1.

      (3)  Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administration (OJ L 131, 28.5.2009, p. 47).

      (4)  Council Decision 2013/268/EU of 13 May 2013 on the position to be taken on behalf of the European Union within the International Maritime Organization (IMO) with regard to the adoption of certain Codes and related amendments to certain conventions and protocols (OJ L 155, 7.6.2013, p. 3).


title: Commission Implementing Regulation (EU) 2017/1928 of 20 October 2017 entering a name in the register of protected designations of origin and protected geographical indications (Kintoa (PDO))

text:
               21.10.2017

               EN

               Official Journal of the European Union

               L 272/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1928
   of 20 October 2017
   entering a name in the register of protected designations of origin and protected geographical indications (Kintoa (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 15(1) and 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 ‘Kintoa’ 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 ‘Kintoa’ should therefore be entered in the register.

               (3)

               By letter received on 22 August 2016, the French authorities notified the Commission that the limited-liability agricultural holding EARL du Carré (Alain Cazanave, Le chalet, 380 Chemin du Carré, 64300 Sallespisse), which is established on their territory, had been legally marketing the product sold under the name ‘Kintoa’, using this name continuously for more than 5 years, and that this point had been raised during the national opposition procedure.

               (4)

               Since the company mentioned in recital 3 above meets the requirements laid down in Article 15(1) of Regulation (EU) No 1151/2012 for the granting of a transitional period in which to make legal use of the sales name after registration, it should be granted a transitional period ending on 31 December 2017, during which time it may make use of the name ‘Kintoa’.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Kintoa’ (PDO) 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
   The limited-liability agricultural holding EARL du Carré (Alain Cazanave, Le chalet, 380 Chemin du Carré, 64300 Sallespisse) is hereby authorised to continue to use the registered name ‘Kintoa’ (PDO) until 31 December 2017.
   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, 20 October 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 90, 23.3.2017, p. 9.

      (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: Council Implementing Regulation (EU) No 364/2013 of 22 April 2013 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

text:
                  23.4.2013

                  EN

                  Official Journal of the European Union

                  L 111/25

         COUNCIL IMPLEMENTING REGULATION (EU) No 364/2013
         of 22 April 2013
         implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) thereof,
         Whereas:

                     (1)

                     On 2 March 2011, the Council adopted Regulation (EU) No 204/2011.

                     (2)

                     The Council considers that there are no longer grounds for keeping one person on the list set out in Annex III to Regulation (EU) No 204/2011.

                     (3)

                     Annex III of Regulation (EU) No 204/2011 should be updated accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EU) No 204/2011 shall be amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Luxembourg, 22 April 2013.

                  For the Council

                  The President

               C. ASHTON

            (1)  OJ L 58, 3.3.2011, p. 1.

            ANNEX
            The entry for the person below shall be deleted from the list set out in Annex III to Regulation (EU) No 204/2011:
            ASHKAL, Al-Barrani


title: Commission Implementing Regulation (EU) No 564/2013 of 18 June 2013 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products  Text with EEA relevance

text:
               19.6.2013

               EN

               Official Journal of the European Union

               L 167/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 564/2013
   of 18 June 2013
   on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of 22 May 2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (1), and in particular Article 80(1) thereof,
   Whereas:

               (1)

               The structure and amount of the fees payable to the European Chemicals Agency, (hereinafter referred to as ‘the Agency’), as well as the conditions for payment should be established.

               (2)

               The structure and amount of the fees should take account of the work required by Regulation (EU) No 528/2012 to be carried out by the Agency. Fees should be set at such a level as to ensure that the revenue derived from them, when combined with other sources of the Agency’s revenue, is sufficient to cover the cost of the services delivered.

               (3)

               It follows from Article 80(3)(d) of Regulation (EU) No 528/2012 that the structure and amount of fees is to take into account whether information has been submitted jointly or separately. In order to reflect the actual work load of the Agency and to promote joint submission of information, it is appropriate to only levy one fee per application, in case several persons apply jointly for the approval of an active substance or the renewal of an approval of an active substance.

               (4)

               To take into account the specific needs of small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium sized enterprises (2) (hereinafter ‘SMEs’) established in the Union, reduced fees for active substance approval, renewal of approval or inclusion in Annex I to Regulation (EU) No 528/2012 and biocidal product authorisation or renewal should apply to such companies. The levels of the reductions should take into account the significant proportion of SMEs in the biocides sector combined with the interest of avoiding excessive fees for other enterprises while ensuring that the Agency’s work is fully financed. For the purpose of discouraging applications for products containing active substances fulfilling one of the substitution criteria listed in Article 10(1) of Regulation (EU) No 528/2012, as well as of such active substances, reductions should not apply to applications for such biocidal products or active substances.

               (5)

               Taking into account the Agency’s work required to handle an appeal lodged in accordance with Article 77 of Regulation (EU) No 528/2012, it is appropriate to levy a fee for such appeals in accordance with the third subparagraph of Article 77(1) of that Regulation. However, to avoid penalising persons launching justified appeals, it is appropriate to refund such fees where the appeal is well founded.

               (6)

               Taking into account the reduced work required by the Agency in cases where applications are rejected before or during validation, or withdrawn during their assessment, it is appropriate to provide for partial refund of fees in such cases.

               (7)

               For the purpose of encouraging applications for approval of active substances that are suitable alternatives to approved active substances fulfilling one of the exclusion criteria listed in Article 5(1) of Regulation (EU) No 528/2012, it is appropriate to provide for reimbursement of the fee for such applications.

               (8)

               The fee for applications for inclusion in Annex I to Regulation (EU) No 528/2012 of active substances that do not give rise to concern should take into account the estimated work required by the Agency to handle such applications, as well as the public interest in allowing products containing such substances to be authorised.

               (9)

               For the purpose of discouraging applications for approval or renewal of approval of active substances fulfilling one of the substitution criteria listed in Article 10(1) of Regulation (EU) No 528/2012 as well as applications for authorisation or renewal of products requiring a comparative assessment in accordance with Article 23 of Regulation (EU) No 528/2012, and of contributing to financing the waivers and reductions provided for by this Regulation, it is appropriate to provide for increased fees for such applications.

               (10)

               In view of the Agency’s work required to handle a request for an opinion on the classification of a change in accordance with Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (3), it is appropriate to levy a fee for such requests. However, to avoid, to the extent possible, penalising applicants whose requests to have a change classified as minor or administrative are justified, it is appropriate to grant a fee reduction to the subsequent application for a change, where the request leads to a recommendation to classify the change as an administrative or minor change.

               (11)

               Given the Agency’s work required to treat submissions for inclusion in the list of relevant persons referred to in Article 95 of Regulation (EU) No 528/2012, it is appropriate to levy a fee for such submissions. The amount of work required for such submission will vary significantly depending on whether the relevant person submits a letter of access or a new dossier, since, in the latter case, the Agency will have to check that the dossier complies with Annex II to Regulation (EU) No 528/2012 or, where appropriate, Annex IIA to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing on the market of biocidal products (4). It is appropriate to differentiate the fee accordingly.

               (12)

               Given the Agency’s work required to handle a request for confidentiality in accordance with Article 66(4) of Regulation (EU) No 528/2012, it is appropriate to levy a fee for such requests.

               (13)

               Since the Agency’s budget is drawn up and implemented in euro, and its accounts are also presented in euro in accordance with Article 19 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), with Article 17 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6) and with Article 17 of the Financial Regulation of the European Chemicals Agency of 24 September 2008 (7), it is appropriate to levy fees only in euro.

               (14)

               It follows from Article 80(3)(f) of Regulation (EU) No 528/2012 that the deadlines for the payment of fees should be fixed taking due account of the deadlines of the procedures provided for in that Regulation.

               (15)

               The fees set out in this Regulation should be reviewed at appropriate intervals, with a view to aligning the fees with the inflation rate and with the actual costs to the Agency of the services provided. These reviews should take into account the Agency’s increased experience in dealing with applications under the Regulation and the efficiencies thereby gained.

               (16)

               The Standing Committee on Biocidal Products referred to in Article 82(1) of Regulation (EU) No 528/2012 did not deliver an opinion on the measures provided for in this Regulation. Since an implementing act was deemed to be necessary, the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      FEES

   Article 1
   Fees for work in relation to active substances
   The Agency shall levy the fees provided for in Table 1 of Annex I for work required by Regulation (EU) No 528/2012 to be carried out in relation to approval and renewal of approval of active substances, as well as inclusion in Annex I to that Regulation.
   Article 2
   Fees for work in relation to Union authorisation of biocidal products
   The Agency shall levy the fees provided for in Table 1 of Annex II for work required by Regulation (EU) No 528/2012 to be carried out in relation to Union authorisation of biocidal products.
   Article 3
   Other fees
   1.   The Agency shall levy the fees provided for in Annex III for work required by Regulation (EU) No 528/2012 to be carried out in relation to establishment of technical equivalence, applications for mutual recognition, requests for inclusion in the list of relevant persons, and requests for confidential treatment of information submitted to the Agency.
   2.   The Agency shall levy the annual fees provided for in Annex III for every biocidal product or biocidal product family authorised by the Union. The annual fee shall be due on the first and each subsequent anniversary of the entry into force of the authorisation. It shall relate to the preceding year.
   Article 4
   Fees for appeals against a decision of the Agency under Article 77 of Regulation (EU) No 528/2012
   1.   For any appeal against a decision of the Agency under Article 77 of Regulation (EU) No 528/2012, the Agency shall levy a fee as set out in Annex III.
   2.   An appeal shall not be considered to be received by the Board of Appeal until the relevant fee has been received by the Agency.
   3.   If the appeal is considered inadmissible by the Board of Appeal, the fee shall not be refunded.
   4.   The Agency shall refund the fee levied in accordance with paragraph 1 if the Executive Director of the Agency rectifies a decision in accordance with Article 93(1) of Regulation (EU) No 1907/2006 of the European Parliament and of the Council (8), or if the appeal is decided in favour of the appellant.
   Article 5
   Reimbursement possibility for alternatives to approved active substances fulfilling one of the exclusion criteria
   1.   Upon submission of an application to the Agency for the approval of an active substance, which may be a suitable alternative, within the meaning of the second subparagraph of Article 5(2) of Regulation (EU) No 528/2012, to an approved active substance fulfilling one of the exclusion criteria pursuant to Article 5(1) of that Regulation, an applicant may request reimbursement of the fee to be paid to the Agency.
   2.   Upon receipt of the opinion from the Agency in accordance with Article 8(4) of Regulation (EU) No 528/2012, which shall also include a recommendation on whether the active substance is a suitable alternative within the meaning of the second subparagraph of Article 5(2) of Regulation (EU) No 528/2012, the Commission shall decide on the request.
   3.   Where the Commission decides that the active substance is a suitable alternative, the Agency shall inform the applicant thereof and fully reimburse the fee referred to in paragraph 1.
   CHAPTER II

      SUPPORT FOR SMEs

   Article 6
   Recognition of SME status
   1.   Before submission of an application to the Agency for approval, renewal or inclusion in Annex I to Regulation (EU) No 528/2012 of an active substance or for Union authorisation of a biocidal product or biocidal product family, submitted in accordance with Articles 7(1), 13(1), 28(4), 43(1) or 45(1) of that Regulation respectively, containing a claim for SME reduction, the prospective applicant shall submit to the Agency the relevant elements proving entitlement to such reduction by virtue of the status of SME in the meaning of Recommendation 2003/361/EC.
   2.   In the case of an application for approval, renewal or inclusion of an active substance in Annex I to Regulation (EU) No 528/2012, the question shall be determined by reference to the active substance manufacturer that is represented by the prospective applicant. In case of an application for product authorisation or renewal of product authorisation, the question shall be determined by reference to the prospective authorisation holder.
   3.   The Agency shall publish a list of the relevant elements to be submitted in accordance with paragraph 1.
   4.   Within 45 days of receipt of all the relevant elements referred to in paragraph 1, the Agency shall decide what SME status, if any, can be recognised.
   5.   A recognition of an enterprise as an SME shall be valid for applications submitted under Regulation (EU) No 528/2012 for two years.
   6.   An appeal may be brought, in accordance with Article 77 of Regulation (EU) No 528/2012 against a decision taken by the Agency under paragraph 4.
   Article 7
   Fee Reductions
   1.   Reductions of fees payable to the Agency as set out in Table 2 of Annex I and Table 2 of Annex II shall be granted to SMEs established in the Union.
   2.   Reductions for applications for active substance approval, renewal of approval or inclusion in Annex I to Regulation (EU) No 528/2012 shall only be granted when the active substance is not a candidate for substitution.
   3.   Reductions for applications for biocidal product authorisation or renewal of authorisation shall only be granted when the product does not contain an active substance which is a candidate for substitution.
   CHAPTER III

      PAYMENTS

   Article 8
   Mode of payment
   1.   The fees provided for by this Regulation shall be paid in euro.
   2.   Payments shall be made only after the Agency has issued an invoice.
   3.   By derogation from paragraph 2, payments due under Article 4 shall be made at the time of the submission of the appeal.
   4.   Payments shall be made by means of a transfer to the bank account of the Agency.
   Article 9
   Identification of the payment
   1.   Every payment, with the exception of payments referred to in Article 8(3), shall indicate in the reference field the invoice number.
   2.   Payments referred to in Article 8(3) shall indicate, in the reference field, the identity of the appellant(s) and, if available, the number of the decision that is being appealed against.
   3.   If the purpose of the payment cannot be established, the Agency shall set a deadline by which the paying party must notify it in writing of the purpose of the payment. If the Agency does not receive a notification of the purpose of the payment before expiry of that deadline, the payment shall be considered invalid and the amount concerned shall be refunded to the paying party.
   Article 10
   Date of payment
   1.   Unless otherwise provided, fees shall be paid within 30 days from the date on which the invoice is notified by the Agency.
   2.   The date on which the full amount of the payment is deposited in a bank account held by the Agency shall be considered to be the date on which the payment has been made.
   3.   The payment shall be considered to have been made in time where sufficient documentary evidence is produced to show that the paying party ordered the transfer to the bank account indicated on the invoice before expiry of the relevant deadline. A confirmation of the transfer order issued by a financial institution shall be regarded as sufficient evidence.
   Article 11
   Insufficient payment
   1.   A deadline for payment shall be considered to have been observed only if the full amount of the fee has been paid in due time.
   2.   When an invoice relates to a group of transactions, the Agency may attribute any under-payment to any of the relevant transactions. The criteria for the attribution of payments shall be laid down by the Management Board of the Agency.
   Article 12
   Refund of amounts paid in excess
   1.   The arrangements for the refund to the paying party of amounts paid in excess of a fee shall be fixed by the Executive Director of the Agency and published on the website of the Agency.
   However, where an amount paid in excess is below EUR 200 and the party concerned has not expressly requested a refund, the amount paid in excess shall not be refunded.
   2.   It shall not be possible to count any amount paid in excess and not refunded as being made towards future payments to the Agency.
   Article 13
   Refunds of amounts in case of applications rejected before or during validation or withdrawn during the assessment
   1.   The Agency shall reimburse 90 % of the fee collected where an application for active substance approval or biocidal product authorisation, submitted in accordance with respectively Article 7(1) or 43(1) of Regulation (EU) No 528/2012, or an application for a minor or major change of a product, is rejected before or during the validation phase.
   2.   The Agency shall reimburse 75 % of the fee collected where an application for active substance approval or biocidal product authorisation, submitted in accordance with respectively Article 7(1) or 43(1) of Regulation (EU) No 528/2012, or an application for a major change of a product, is withdrawn before the evaluating Competent Authority has transmitted its assessment report to the Agency.
   The fee collected shall not be reimbursed where an application is withdrawn after the evaluating Competent Authority has transmitted its assessment report to the Agency.
   3.   The arrangements for the refund of the remaining amount to the paying party shall be fixed by the Executive Director of the Agency and published on the website of the Agency.
   CHAPTER IV

      FINAL PROVISIONS

   Article 14
   Reimbursement of rapporteurs
   Members of the Biocidal Product Committee acting as rapporteurs shall be reimbursed through the fees paid in accordance with Article 80(2) to the Member States’ competent authorities acting as evaluating competent authority.
   Article 15
   Charges
   1.   Subject to a favourable opinion from the Commission, the Agency may establish by decision of its Management Board charges for administrative or technical services that it provides in accordance with Regulation (EU) No 528/2012 at the request of a party in order to facilitate its implementation. The Executive Director of the Agency may decide not to levy a charge on international organisations or countries that request assistance from the Agency.
   2.   The charges shall be set at such a level as to cover the costs of the services delivered by the Agency and shall not exceed what is necessary to cover those costs.
   3.   The charge shall be paid within 30 calendar days from the date on which the invoice is notified by the Agency.
   Article 16
   Provisional estimate
   The Management Board of the Agency shall, when producing an estimate of the overall expenditure and income for the following financial year in accordance with Article 96(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (9), include a specific provisional estimate of income from fees and charges from activities entrusted to the Agency in accordance with Regulation (EU) No 528/2012 which is separate from income from any subsidy from the Union.
   Article 17
   Review
   The Commission shall review the fees and charges provided for in this Regulation annually by reference to the inflation rate as measured by means of the European Index of Consumer Prices as published by Eurostat. A first review shall be carried out at the latest by 1 January 2015.
   The Commission shall also keep this Regulation under continual review in the light of significant information becoming available in relation to the underlying assumptions for anticipated income and expenditure of the Agency. At the latest by 1 January 2015, the Commission shall review this Regulation with a view to amend it, if appropriate, taking into account in particular the resources required by the Agency and those required by the competent authorities of the Member States for services of a similar nature. The review shall take into consideration the impacts on the SMEs, and review the fee reduction rates allowable to SMEs where appropriate.
   Article 18
   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, 18 June 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  OJ L 124, 20.5.2003, p. 36.

      (3)  OJ L 109, 19.4.2013, p. 4.

      (4)  OJ L 123, 24.2.1998, p. 1.

      (5)  OJ L 298, 26.10.2012, p. 1.

      (6)  OJ L 357, 31.12.2002, p. 72.

      (7)  MB/53/2008 final.

      (8)  OJ L 396, 30.12.2006, p. 1.

      (9)  OJ L 396, 30.12.2006, p. 1.

      ANNEX I

         Fees relating to active substances

         Table 1

         Standard fees

                  General description of task; relevant provision in Regulation (EU) No 528/2012

                  Specific condition or task description

                  Fee (EUR)

                  Approval of an active substance; Article 7(2)

                  Fee for the first product-type for which that active substance is approved

                  120 000

                  Additional fee per additional product-type

                  40 000

                  Additional fee per product-type (for both the first product-type and any additional product-type) if the active substance is a candidate for substitution in accordance with Article 10 of Regulation (EU) No 528/2012

                  20 000

                  Fee for the amendment of an approval, other than the addition of a product-type.

                  20 000

                  Renewal of an approval; Article 13(3)

                  Fee for the first product-type for which renewal of that active substance is sought

                  15 000

                  Additional fee per additional product-type

                  1 500

                  Additional fee for the first product-type for which renewal of that active substance is sought in case a full evaluation is found necessary in accordance with Article 14(1) of Regulation (EU) No 528/2012

                  25 000

                  Additional fee per additional product-type in case a full evaluation is found necessary in accordance with Article 14(1) of Regulation (EU) No 528/2012

                  2 500

                  Additional fee per product-type (for both the first product-type and any additional product-type) if the active substance is a candidate for substitution in accordance with Article 10 of Regulation (EU) No 528/2012

                  20 000

                  Inclusion in Annex I of an active substance; Article 28

                  Fee for the first inclusion in Annex I of an active substance

                  10 000

                  Fee for the amendment of an inclusion of an active substance in Annex I

                  2 000

                  Notification in accordance with Article 3a of Regulation (EC) No 1451/2007

                  Fee per substance/product-type combination.
                  The fee for the notification shall be deducted from the subsequent application in accordance with Article 7 of Regulation (EU) No 528/2012.

                  10 000

         Table 2

         Fee reductions for applications for the approval, renewal of approval, inclusion in Annex I of active substances if the active substance manufacturer is an SME established in the Union, except where the active substance is a candidate for substitution

                  Type of enterprise

                  Reduction (% of the standard fee)

                  Micro enterprise

                  60

                  Small enterprise

                  40

                  Medium enterprise

                  20

      ANNEX II

         Fees for Union authorisation of biocidal products

         Table 1

         Standard fees

                  General description of task; relevant provision in Regulation (EU) No 528/2012

                  Specific condition or task description

                  Fee (EUR)

                  Granting of Union authorisation, single product; Article 43(2)

                  Fee per product not identical with (one of) the representative product(s) assessed for the purpose of the substance approval

                  80 000

                  Fee per product identical with (one of) the representative product(s) assessed for the purpose of the substance approval

                  40 000

                  Additional fee per product when comparative assessment in accordance with Article 23 of Regulation (EU) No 528/2012 is required

                  40 000

                  Additional fee per product when the requested authorisation is provisional in accordance with Article 55(2) of Regulation (EU) No 528/2012

                  10 000

                  Granting of Union authorisation, biocidal product family; Article 43(2)

                  Fee per family

                  150 000

                  Additional fee per family when comparative assessment in accordance with Article 23 of Regulation (EU) No 528/2012 is required

                  60 000

                  Additional fee per family when the requested authorisation is provisional in accordance with Article 55(2) of Regulation (EU) No 528/2012

                  15 000

                  Notification to the Agency of an additional product within a biocidal product family; Article 17(6)

                  Fee per additional product

                  2 000

                  Union authorisation of a same biocidal product; Article 17(7)

                  Fee per product constituting a ‘same product’ within the meaning of Commission Implementing Regulation (EU) No 414/2013 of 6 May 2013 specifying a procedure for the authorisation of same biocidal products in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (1)

                  2 000

                  Major change of an authorised product or product family; Article 50(2)

                  Fee per application

                  40 000

                  Minor change of an authorised product or product family; Article 50(2)

                  Fee per application

                  15 000

                  Administrative change of an authorised product or product family; Article 50(2)

                  Fee per notification

                  2 000

                  Recommendation on the classification of a change of an authorised product or product family; Article 50(2)

                  Fee per request in accordance with Regulation (EU) No 354/2013.
                  If the recommendation is to classify the change as an administrative or minor change, the fee for the request shall be deducted from the subsequent application or notification in accordance with Regulation (EU) No 354/2013.

                  2 000

                  Renewal of Union authorisation, single product; Article 45(3)

                  Fee per product

                  5 000

                  Additional fee per product in case a full evaluation is found necessary in accordance with Article 14(1) of Regulation (EU) No 528/2012

                  15 000

                  Additional fee per product when comparative assessment in accordance with Article 23 of Regulation (EU) No 528/2012 is required

                  40 000

                  Renewal of Union authorisation, biocidal product family; Article 45(3)

                  Fee per product family

                  7 500

                  Additional fee per product family in case a full evaluation is found necessary in accordance with Article 14(1) of Regulation (EU) No 528/2012

                  22 500

                  Additional fee per product family when comparative assessment in accordance with Article 23 of Regulation (EU) No 528/2012 is required

                  60 000

         Table 2

         Fee reductions for applications for the granting and renewal of Union authorisation of biocidal products or biocidal product families, if the prospective authorisation holder is an SME established in the Union, except where the product contains an active substance which is a candidate for substitution

                  Type of enterprise

                  Reduction (% of the standard fee)

                  Micro enterprise

                  30

                  Small enterprise

                  20

                  Medium enterprise

                  10

         (1)  OJ L 125, 7.5.2013, p. 4.

      ANNEX III

         Other fees

                  General description of task; relevant provision in Regulation (EU) No 528/2012)

                  Specific condition or task description

                  Fee (EUR)

                  Technical equivalence; Article 54(3)

                  Fee, when difference between the active substance sources is limited to a change in manufacturing location, and application is based solely on analytical data

                  5 000

                  Fee, when difference between the active substance sources goes beyond a change in the manufacturing location, and application is based solely on analytical data

                  20 000

                  Fee when previous conditions are not met.

                  40 000

                  Annual fee for biocidal products authorised by the Union; Article 80(1)(a)

                  Fee per Union authorisation of a biocidal product

                  10 000

                  Fee per Union authorisation of a biocidal product family

                  20 000

                  Mutual Recognition Submission fee; Article 80(1)(a)

                  Fee per product or product family concerned by an application for mutual recognition, per Member State where mutual recognition is sought

                  700

                  Appeal; Article 77(1)

                  Fee per appeal

                  2 500

                  Submission for inclusion in the list of relevant persons; Article 95

                  Fee per submission of a letter of access to a dossier already found complete by the Agency or an evaluating Competent Authority

                  2 000

                  Fee per submission of a letter of access to part of a dossier already found complete by the Agency or an evaluating Competent Authority, together with complementary data

                  20 000

                  Fee per submission of a new dossier

                  40 000

                  Requests under Article 66(4) submitted to the Agency

                  Fee per item for which confidentiality is requested

                  1 000


title: Commission Implementing Regulation (EU) No 1247/2011 of 29 November 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 1247/2011
   of 29 November 2011
   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 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 November 2011.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                              1.

                              An article in the form of a module in its own housing with dimensions of approximately 11 × 7 × 5 cm (so-called ‘analogue input module’).
                              The module consists of two printed circuit boards comprising an input interface with four channels, an analogue-to-digital converter, a processor and a bus interface for connection to a programmable logic controller (PLC). The module has an input voltage range from 0 up to 10 V DC.
                              The module receives analogue signals representing, for example, measurements of temperature, speed, flow or weight from various external devices.
                              The module converts and processes these signals before sending them to the PLC.

                  8538 90 99

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and the wording of CN codes 8538, 8538 90 and 8538 90 99.
                  As the module constitutes an interface between external devices and a numerical control apparatus of heading 8537, classification under heading 8471 as an input unit is excluded.
                  As the module receives, converts, processes and sends electrical signals to the PLC, classification under heading 8536 as a switch or a relay for making connections to or in electrical circuits is excluded.
                  As the module does not control external devices by itself, but only constitutes the interface between such devices and the PLC, classification under heading 8537 as an electric control apparatus is excluded.
                  As the analogue-to-digital conversion is only an intermediate process, classification under heading 8543 as electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 is excluded.
                  Since the intended use of the module is to receive, convert and process signals representing measurements received from external devices and send them to the PLC, the module is essential for the operation of the PLC of heading 8537.
                  The article is therefore to be classified under heading 8538 as parts of apparatus of headings 8535 to 8537.

                              2.

                              An article in the form of a module in its own housing with dimensions of approximately 11 × 7 × 5 cm (so-called ‘discrete output module’).
                              The module consists of a printed circuit board comprising a bus interface for connection to a programmable logic controller (PLC), a processor, a digital-to-analogue converter and an output interface with 8 connecting points.
                              The output connecting points are relays of the electromagnetic type with an output voltage range from 0 up to 250 V AC and a load current per point up to 0,17 A.
                              The module processes and converts discrete signals representing an On/Off signal (for example, 1/0 or True/False) before sending them to various external devices, such as contactors, relays and indicator lamps.

                  8538 90 99

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and the wording of CN codes 8538, 8538 90 and 8538 90 99.
                  As the module constitutes an interface between external devices and a numerical control apparatus of heading 8537, classification under heading 8471 as an output unit is excluded.
                  As the module receives, processes, converts and sends electrical signals to external devices, classification under heading 8536 as a switch or relay for making connections to or in electrical circuits is excluded.
                  The output connecting points (constituted by electromagnetic relays) are only a part of the module which consists, in addition to the connecting points, of the bus interface, the processor and the digital-to-analogue converter. Moreover, the module does not control external devices by itself, but only constitutes the interface between the PLC and such devices. Classification under heading 8537 as an electric control apparatus is therefore excluded.
                  As the digital-to-analogue conversion is only an intermediate process, classification under heading 8543 as electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 is excluded.
                  Since the intended use of the module is to receive, process and convert signals representing an On/Off signal received from the PLC and send them to external devices, the module is essential for the operation of the PLC of heading 8537.
                  The article is therefore to be classified under heading 8538 as parts of apparatus of headings 8535 to 8537.


title: Commission Implementing Regulation (EU) 2017/48 of 11 January 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               12.1.2017

               EN

               Official Journal of the European Union

               L 7/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/48
   of 11 January 2017
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 January 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  269,9

                  MA

                  115,2

                  SN

                  204,0

                  TR

                  108,2

                  ZZ

                  174,3

                  0707 00 05

                  MA

                  86,1

                  TR

                  220,1

                  ZZ

                  153,1

                  0709 91 00

                  EG

                  144,1

                  ZZ

                  144,1

                  0709 93 10

                  MA

                  236,8

                  TR

                  226,9

                  ZZ

                  231,9

                  0805 10 20

                  EG

                  46,2

                  IL

                  126,4

                  MA

                  54,3

                  TR

                  71,9

                  ZZ

                  74,7

                  0805 20 10

                  IL

                  166,4

                  MA

                  73,6

                  ZZ

                  120,0

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

                  EG

                  97,9

                  IL

                  151,6

                  JM

                  125,6

                  TR

                  96,5

                  ZZ

                  117,9

                  0805 50 10

                  TR

                  70,9

                  ZZ

                  70,9

                  0808 10 80

                  CN

                  144,5

                  US

                  72,4

                  ZZ

                  108,5

                  0808 30 90

                  CL

                  307,7

                  CN

                  99,5

                  TR

                  133,1

                  ZZ

                  180,1

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