title: Commission Implementing Regulation (EU) 2017/375 of 2 March 2017 renewing the approval of the active substance prosulfuron, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
                  4.3.2017

                  EN

                  Official Journal of the European Union

                  L 58/3

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/375
      of 2 March 2017
      renewing the approval of the active substance prosulfuron, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 24 in conjunction with Article 20(1) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

                  The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 15 July 2013.

                  (5)

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

                  (6)

                  On 25 August 2014 the Authority communicated to the Commission its conclusion (5) on whether prosulfuron can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft review report for prosulfuron to the Standing Committee on Plants, Animals, Food and Feed on 29 May 2015.

                  (7)

                  It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance that the approval criteria provided for in Article 4 are satisfied. Those approval criteria are therefore deemed to be satisfied.

                  (8)

                  In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to restrict the use of plant protection products containing prosulfuron in order to minimise the exposure for groundwater by setting a maximum dose of 20 g of active substance per hectare, every third year on the same field and to require further confirmatory information.

                  (9)

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

                  (10)

                  The Commission however considers that prosulfuron is a candidate for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009. Prosulfuron is a persistent and toxic substance in accordance with points 3.7.2.1 and 3.7.2.3 respectively, of Annex II to Regulation (EC) No 1107/2009, given that the half-life in fresh water is greater than 40 days and the long-term no-observed effect concentration for freshwater organisms is less than 0,01 mg/L. Prosulfuron therefore fulfils the condition set in the second indent of point 4 of Annex II to Regulation (EC) No 1107/2009.

                  (11)

                  It is therefore appropriate to renew the approval of prosulfuron as a candidate for substitution.

                  (12)

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

                  (13)

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

                  (14)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Renewal of the approval of the active substance as a candidate for substitution
      The approval of the active substance prosulfuron, as a candidate for substitution, is renewed as set out in Annex I.
      Article 2
      Amendments to Implementing Regulation (EU) No 540/2011
      The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
      Article 3
      Entry into force and date of application
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      It shall apply from 1 May 2017.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 2 March 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

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

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

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

         (5)  EFSA Journal (2014);12(9):3815. Available online: www.efsa.europa.eu

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

         ANNEX I

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Expiration of approval

                     Specific provisions

                     Prosulfuron
                     CAS No 94125-34-5
                     CIPAC No 579

                     1-(4-methoxy-6-methyl-triazin-2-yl)-3-[2-(3,3,3- trifluoropropyl)-phenylsulfonyl]-urea

                     950 g/kg
                     The impurity 2-(3,3,3-trifluoro-propyl)-benzene sulphonamide shall not exceed 10 g/kg in the technical material

                     1 May 2017

                     30 April 2024

                     PART A
                     Use shall be limited to one application every three years on the same field at a maximum dose of 20 g active substance per hectare.
                     PART B
                     For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on prosulfuron, and in particular Appendices I and II thereof, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 —

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

                                 —

                                 the risk to non-target terrestrial and aquatic plants.

                           Conditions of use shall include risk mitigation measures, where appropriate.
                     The applicant shall submit confirmatory information as regards the genotoxic potential of the metabolite triazine-amine (CGA150829) to confirm that this metabolite is not genotoxic and not relevant for risk assessment.
                     The applicant shall submit that information to the Commission, the Member States and the Authority by 31 October 2017.

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

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

                     (1)

                     in Part A, entry 31 on prosulfuron is deleted;

                     (2)

                     in Part E, the following entry is added:

                                 Common Name, Identification Numbers

                                 IUPAC Name

                                 Purity (*1)

                                 Date of approval

                                 Expiration of approval

                                 Specific provisions

                                 ‘6

                                 Prosulfuron
                                 CAS No 94125-34-5
                                 CIPAC No 579

                                 1-(4-methoxy-6-methyl-triazin-2-yl)-3-[2-(3,3,3- trifluoropropyl)-phenylsulfonyl]-urea

                                 950 g/kg
                                 The impurity 2-(3,3,3-trifluoro-propyl)-benzene sulphonamide shall not exceed 10 g/kg in the technical material.

                                 1 May 2017

                                 30 April 2024

                                 PART A
                                 Use shall be limited to one application every three years on the same field at a maximum dose of 20 g active substance per hectare.
                                 PART B
                                 For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on prosulfuron, and in particular Appendices I and II thereof, shall be taken into account.
                                 In this overall assessment Member States shall pay particular attention to:

                                             —

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

                                             —

                                             the risk to non-target terrestrial and aquatic plants.

                                       Conditions of use shall include risk mitigation measures, where appropriate.
                                 The applicant shall submit confirmatory information as regards the genotoxic potential of the metabolite triazine-amine (CGA150829) to confirm that this metabolite is not genotoxic and not relevant for risk assessment.
                                 The applicant shall submit that information to the Commission, the Member States and the Authority by 31 October 2017.’

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


title: Commission Implementing Regulation (EU) 2015/2408 of 18 December 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.12.2015

               EN

               Official Journal of the European Union

               L 333/108

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2408
   of 18 December 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, 18 December 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

                  IL

                  236,2

                  MA

                  94,6

                  TR

                  118,0

                  ZZ

                  149,6

                  0707 00 05

                  EG

                  174,9

                  MA

                  82,9

                  TR

                  149,4

                  ZZ

                  135,7

                  0709 93 10

                  MA

                  46,5

                  TR

                  153,0

                  ZZ

                  99,8

                  0805 10 20

                  EG

                  57,7

                  MA

                  64,7

                  TR

                  52,2

                  ZA

                  48,6

                  ZZ

                  55,8

                  0805 20 10

                  MA

                  75,3

                  ZZ

                  75,3

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

                  IL

                  110,0

                  TR

                  88,5

                  ZZ

                  99,3

                  0805 50 10

                  TR

                  94,4

                  ZZ

                  94,4

                  0808 10 80

                  CA

                  151,7

                  CL

                  82,8

                  US

                  163,9

                  ZA

                  141,1

                  ZZ

                  134,9

                  0808 30 90

                  CN

                  63,2

                  TR

                  127,3

                  ZZ

                  95,3

         (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 333/2012 of 19 April 2012 concerning the authorisation of a preparation of potassium diformate as a feed additive for all animal species and amending Regulation (EC) No 492/2006  Text with EEA relevance

text:
               20.4.2012

               EN

               Official Journal of the European Union

               L 108/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 333/2012
   of 19 April 2012
   concerning the authorisation of a preparation of potassium diformate as a feed additive for all animal species and amending Regulation (EC) No 492/2006
   (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)

               Potassium diformate, CAS number 20642-05-1, was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on all animal species by Commission Regulation (EC) No 492/2006 (3). That additive was subsequently entered in the Community Register of feed additives as an existing product, 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, an application was submitted for the re-evaluation of potassium diformate as a feed additive for all animal species, requesting that additive to be classified in the additive category ‘technological additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 December 2011 (4) that, under the proposed conditions of use, potassium diformate does not have an adverse effect on animal health, consumer health or the environment, and that it is effective in increasing the storage time of raw fish and fish by-products. It concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of potassium diformate shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

               (6)

               As a consequence of a new authorisation being granted by this Regulation, Article 3 of Regulation (EC) No 492/2006 and Annex III thereto should be deleted.

               (7)

               Since the modifications to the conditions of authorisation of the feed additive are not related to safety reasons, it is appropriate to allow a transitional period for the disposal of existing stocks of pre-mixtures and compound feed containing this preparation, as authorised by Regulation (EC) No 492/2006.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional group ‘preservatives’ is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   Article 3 of Regulation (EC) No 492/2006 and Annex III thereto are deleted.
   Article 3
   Premixtures and compound feed labelled in accordance with Directive 70/524/EEC before the entry into force of this Regulation and containing potassium diformate, as authorised by Regulation (EC) No 492/2006, may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 4
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 April 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 270, 14.12.1970, p. 1.

      (3)  OJ L 89, 28.3.2006, p. 6.

      (4)  EFSA Journal 2012; 10(1):2530.

      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 %

                     Category of technological additives. Functional group: preservatives

                  1a237a

                  —

                  Potassium diformate

                                 Additive composition

                                          Potassium diformate: 50 ± 5 %,

                                          Water: 50 ± 5 %.

                                 Characterisation of the active substance

                              Potassium diformate
                              CAS No 20642-05-1
                              C2H3O4K
                              Produced by chemical synthesis

                                 Method of Analysis
                                  (1)

                                          Determination of potassium in the feed additive:
                                          EN ISO 6869: atomic absorption spectrometry (AAS) or EN 15510: inductively coupled plasma atomic emission spectrometry (ICP-AES)

                                          Determination of total formate in the feed additive: EN 15909: reverse phase HPLC-UV
                                          For the determination of total formate in premixtures and feedingstuffs:
                                          Ion-exclusion high performance liquid chromatography with UV or refractive index detection (HPLC-UV/RI) or ion chromatography method equipped with electrical conductivity detection (IC-ECD).

                  All animal species

                  —

                  —

                  —

                              1.

                              Only permitted in raw fish and fish by-products for feed use with a maximum content of 9 000 mg potassium diformate as active substance per kg raw fish.

                              2.

                              For use in feed for pigs, the mixture of different sources of potassium diformate shall not exceed the permitted maximum level in complete feedingstuff of 18 000 mg per kg complete feedingstuff for weaned piglets and 12 000 mg per kg complete feedingstuff for sows and pigs for fattening.

                              3.

                              Indicate in the instructions for use:
                              ‘The simultaneous use of other organic acids at the maximum permitted doses is contraindicated’.

                              4.

                                 ‘For safety: breathing protection, eye protection and gloves shall be used during handling’.

                  11 May 2022

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


title: Commission Implementing Regulation (EU) No 1280/2011 of 8 December 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               9.12.2011

               EN

               Official Journal of the European Union

               L 327/58

         COMMISSION IMPLEMENTING REGULATION (EU) No 1280/2011
   of 8 December 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 1269/2011 (4).

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 9 December 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 December 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 324, 7.12.2011, p. 25.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 9 December 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  39,86

                  0,00

                  1701 11 90 (1)

                  39,86

                  2,95

                  1701 12 10 (1)

                  39,86

                  0,00

                  1701 12 90 (1)

                  39,86

                  2,65

                  1701 91 00 (2)

                  45,89

                  3,70

                  1701 99 10 (2)

                  45,89

                  0,57

                  1701 99 90 (2)

                  45,89

                  0,57

                  1702 90 95 (3)

                  0,46

                  0,24

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

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

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) 2016/893 of 7 June 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.6.2016

               EN

               Official Journal of the European Union

               L 151/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/893
   of 7 June 2016
   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, 7 June 2016.

            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

                  IL

                  259,4

                  MA

                  124,3

                  TR

                  66,0

                  ZZ

                  149,9

                  0709 93 10

                  TR

                  140,4

                  ZZ

                  140,4

                  0805 50 10

                  AR

                  173,4

                  IL

                  134,0

                  MA

                  160,2

                  TR

                  75,0

                  ZA

                  179,5

                  ZZ

                  144,4

                  0808 10 80

                  AR

                  121,1

                  BR

                  114,8

                  CL

                  126,5

                  CN

                  102,3

                  NZ

                  144,9

                  PE

                  111,0

                  US

                  152,4

                  UY

                  107,2

                  ZA

                  115,8

                  ZZ

                  121,8

                  0809 10 00

                  TR

                  256,6

                  ZZ

                  256,6

                  0809 29 00

                  TR

                  550,9

                  US

                  721,3

                  ZZ

                  636,1

         (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’.


title: Commission Implementing Regulation (EU) 2016/226 of 17 February 2016 amending Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

text:
               18.2.2016

               EN

               Official Journal of the European Union

               L 41/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/226
   of 17 February 2016
   amending Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9(4) and 14(1),
   Whereas:

               (1)

               By Regulation (EC) No 2022/95 (2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Pursuant to a further investigation, which established that the duty was being absorbed, the measures were amended by Council Regulation (EC) No 663/98 (3). Following an expiry review and an interim review pursuant to Articles 11(2) and 11(3) respectively of Council Regulation (EC) No 384/96 (4), the Council, by Regulation (EC) No 658/2002 (5), imposed a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Subsequently, a product scope interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 was carried out and, by Council Regulation (EC) No 945/2005 (6), a definitive anti-dumping duty ranging between EUR 41,42 per tonne and EUR 47,07 per tonne was imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 20 originating in Russia.

               (2)

               Following a second expiry review and a second partial interim review pursuant to Article 11(2) and (3) of Regulation (EC) No 384/96, the anti-dumping measures described in the previous recital (as last amended by Regulation (EC) No 945/2005), were maintained by Council Regulation (EC) No 661/2008 (7), except for the EuroChem group, for which the fixed amount of duty ranged between EUR 28,88 and EUR 32,82 per tonne.

               (3)

               By Decision 2008/577/EC (8), the Commission accepted the undertaking offers with a quantitative ceiling from, among others, the Russian producers Open Joint Stock Company (JSC in Russian OAO) Acron and JSC Dorogobuzh.

               (4)

               By judgment of 10 September 2008 (9), as interpreted by judgment of 9 July 2009 (10), the General Court annulled Regulation (EC) No 945/2005 in so far as it concerned Open Joint Stock Company (JSC) Kirovo-Chepetsky Khimichesky Kombinat (Kirovo), part of OJSC UCC Uralchem (Uralchem). The Council, by Regulation (EC) No 989/2009 (11), amended Regulation (EC) No 661/2008 accordingly. Consequently, for the company Kirovo, the anti-dumping duty (EUR 47,07 per tonne) applies only to imports of ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90.

               (5)

               By Implementing Regulation (EU) No 999/2014 (12), the Commission maintained the anti-dumping measures (as last amended by Regulation (EC) No 989/2009), following an expiry review pursuant to Article 11(2) of the basic Regulation.

               (6)

               On 16 September 2015 Kirovo notified the Commission of its planned reorganisation within the Uralchem Group of companies. As from 1 October 2015 Kirovo is effectively no longer a Joint Stock Company within OJSC UCC Uralchem (Uralchem), but it became a branch of Uralchem, called the Kirovo-Chepetsky Khimichesky Kombinat Branch of OJSC UCC Uralchem (Kirovo Branch). The company submitted that the aim of the reorganisation was to improve the corporate governance of the entire Uralchem Group.

               (7)

               Uralchem has another production site, the Azot Branch of Uralchem, located in Berezniki (Russia), to which the anti-dumping duty (EUR 47,07 per tonne) applies to all types of ammonium nitrate specified in Article 1(1) of Implementing Regulation (EU) No 999/2014. Therefore, the risk of circumvention need to be assessed given the fact that there are now two branches (Berezniki and Kirovo) within the same legal entity producing ammonium nitrate.

               (8)

               The Commission thus analysed the information provided by the company and all other information at its disposal and concluded that the risk of circumventing the anti-dumping measures by the different branches of Uralchem is low for the reasons set out below.

               (9)

               First, since the change of the measures following Regulation (EC) No 989/2009 (when the anti-dumping duties applicable to Kirovo were limited only to imports of ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90) there is no evidence that Uralchem has misused the exemption applicable to Kirovo. Indeed, the imports of ammonium nitrate currently not falling within CN codes 3102 30 90 and 3102 40 90 have remained stable since the amendment of the measures. Moreover, the Commission has no indications that the Berezniki plant had wrongly declared any of its production as having been produced by Kirovo, thereby misusing the exemption granted to Kirovo.

               (10)

               Second, Uralchem submitted that pursuant to the applicable national legislation in Russia, fertilisers are subject to compulsory registration and markings, including the actual legal name and the physical address of the production site. The manufacturer's production site has to be also included in a number of other official documents. Finally, if ammonium nitrate is exported, the production site must be contained in a number of mandatory documents, such as customs export declaration, certificate of origin and waybills. Therefore, it is unlikely that that once the TARIC additional code A959 is attributed to Kirovo Branch of Uralchem, any other production site of the group would misuse it.

               (11)

               Third, by a letter sent to the Commission, dated 13 October 2015, Uralchem committed to not engaging in any actions which may lead to misusing the TARIC additional code A959, namely by exporting to the Union, under that TARIC code, products not produced in the Kirovo branch based in Kirovo-Chepetsk, Kirov oblast.

               (12)

               Fourth, the maximum capacity of the Berezniki and Kirovo plants is also known by the Commission and it takes several years in order to build new facilities and to increase the existing capacity. Therefore, any imminent increase of imports in the future, in particular above the maximum capacity of the Kirovo plant, may lead to an ex officio anti-circumvention investigation.

               (13)

               Nevertheless, in order to further minimise the risks of circumvention, special measures are needed to ensure the application of the individual anti-dumping duties applicable to the different branches within Uralchem. Uralchem must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1, third paragraph of this Regulation. Imports not accompanied by that invoice shall be subject to the duty rate applicable to ‘all other companies’.

               (14)

               The Commission informed all interested parties of the essential facts and considerations on the basis of which it intended to amend Regulation (EU) No 999/2014. Those parties were granted a period within which they could make comments on the disclosure. Uralchem and the Government of the Russian Federation provided comments. Their comments were taken into account.

               (15)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 1(2)(b) of Implementing Regulation (EU) No 999/2014 shall read as follows:

                  ‘(b)

                  For goods produced by “KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk” (TARIC additional code A959):

                              Product description

                              CN code

                              TARIC Code

                              Fixed amount of duty (EUR per tonne)

                              Ammonium nitrate other than in aqueous solutions

                              3102 30 90

                              —

                              47,07

                              Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight

                              3102 40 90

                              —

                              47,07

                        For goods mentioned in paragraph 1 produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk and which are not mentioned in the table above, no anti-dumping duty shall apply.
                  The non-application of any anti-dumping duty for certain goods produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk shall be conditional upon presentation by Joint Stock Company United Chemical Company Uralchem to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: “I, the undersigned, certify that the (volume) of ammonium nitrate sold for export to the European Union covered by this invoice was manufactured by (KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk and address) (TARIC additional code A959) in Russia. I declare that the information provided in this invoice is complete and correct.” If no such invoice is presented, the duty rate applicable to “all other companies” shall apply to all product types of ammonium nitrate produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 February 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  Council Regulation (EC) No 2022/95 of 16 August 1995 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 198, 23.8.1995, p. 1).

      (3)  Council Regulation (EC) No 663/98 of 23 March 1998 amending Regulation (EC) No 2022/95 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 93, 26.3.1998, p. 1).

      (4)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ L 56, 6.3.1996, p. 1).

      (5)  Council Regulation (EC) No 658/2002 of 15 April 2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 102, 18.4.2002, p. 1).

      (6)  Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ L 160, 23.6.2005, p. 1).

      (7)  Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ L 185, 12.7.2008, p. 1).

      (8)  Commission Decision 2008/577/EC of 4 July 2008 accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine (OJ L 185, 12.7.2008, p. 43).

      (9)  Case T-348/05: JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, 10 September 2008, ECR 2008 II-00159, point 1 of the operative part.

      (10)  Case T-348/05 INTP: JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, 9 July 2009, ECR 2009 II-00116, point 1 of the operative part.

      (11)  Council Regulation (EC) No 989/2009 of 19 October 2009 amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 278, 23.10.2009, p. 1).

      (12)  Commission Implementing Regulation (EU) No 999/2014 of 23 September 2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 280, 24.9.2014, p. 19).


title: Commission Implementing Regulation (EU) 2016/2223 of 5 December 2016 concerning the classification of certain goods in the Combined Nomenclature

text:
                  10.12.2016

                  EN

                  Official Journal of the European Union

                  L 336/19

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2223
      of 5 December 2016
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

                  In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                  (2)

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

                  (3)

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

                  (4)

                  It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at 3 months.

                  (5)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
      Article 2
      Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of 3 months from the date of entry into force of this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 5 December 2016.

               For the Commission

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘digital microscope’) in cylindrical form with a length of approximately 10 cm and a diameter of approximately 3 cm. The digital microscope is equipped with four light emitting diodes, a complementary metal-oxide-semiconductor (CMOS) sensor and a cable with a USB connector. The article functions only in conjunction with an automatic data-processing (ADP) machine and has no inbuilt recording capabilities.
                     The article is capable of magnifying objects in a range of 10-200 times by means of an optical lens and capturing still images as well as video images that can subsequently be recorded on an ADP machine using dedicated software.
                     See image (*1).

                     8525 80 19

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 5(E) to Chapter 84 and by the wording of the CN codes 8525 , 8525 80  and 8525 80 19 .
                     The article is able to function as an input unit for an ADP machine, a television camera, and as a digital microscope.
                     Classification as an input unit for an ADP machine of heading 8471  is excluded since the article performs a specific function other than data-processing.
                     Classification as a compound optical microscope of heading 9011  is also excluded as this article does not have the characteristics of an article of that heading (see also the Harmonized System Explanatory Notes to heading 9011  first paragraph and second paragraph (I)).
                     As an image of the magnified object can be displayed and if necessary recorded by an ADP machine only after being captured by the CMOS sensor, the article has a character of a television camera.
                     Consequently, the article is to be classified under CN code 8525 80 19  as a television camera.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 2015/781 of 19 May 2015 opening and providing for the administration of Union tariff quotas for fish and fishery products originating in the Republic of Serbia

text:
               20.5.2015

               EN

               Official Journal of the European Union

               L 124/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 2015/781
   of 19 May 2015
   opening and providing for the administration of Union tariff quotas for fish and fishery products originating in the Republic of Serbia
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 332/2014 of the European Parliament and of the Council of 11 March 2014 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (1), and in particular Article 2 thereof,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (SAA), was signed on 29 April 2008. The SAA entered into force on 1 September 2013 (2).

               (2)

               The SAA replaced the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (Interim Agreement), which had entered into force on 1 February 2010 (3) and put into effect the trade and trade-related provisions of the SAA.

               (3)

               Annex IV to the SAA as well as Annex IV to the Interim Agreement concern the Community concessions for Serbian fishery products in the form of tariff quotas.

               (4)

               The Protocol to the SAA to take account of the accession of the Republic of Croatia to the European Union (4) (the Protocol) was signed on 25 June 2014. Its signature on behalf of the European Union, the European Atomic Energy Community and the Member States has been authorised by Council Decisions 2014/517/EU (5) and 2014/518/Euratom (6).

               (5)

               The Protocol provides for an increase of the existing tariff quota for carp originating in Serbia by 26 tonnes as well as for an opening of a new tariff quota for imports of products of HS heading 1604 within an annual limit of 15 tonnes. For the first year of application, the tariff quota volumes are to be calculated as a pro rata of the basic annual volumes according to the time elapsed from the beginning of the calendar year to the date of application of the Protocol.

               (6)

               Entitlement to benefit from the tariff concessions is subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Interim Agreement and the SAA.

               (7)

               The tariff quotas should be managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 (7).

               (8)

               The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 (8) contains new CN codes which are different from those referred to in the Interim Agreement and the SAA. The new CN codes should therefore be reflected in the Annex to this Regulation.

               (9)

               In order to ensure the effective application and management of the tariff quotas granted under the Interim Agreement and the SAA, as well as to ensure legal certainty and equal treatment with regard to the levying of duties, the provisions of this Regulation should apply from the date of entry into force of the Interim Agreement.

               (10)

               The Protocol is to be applied on a provisional basis as from the first day of the second month following the date of its signature, pending the completion of the procedures for its conclusion. Therefore, the increase of the existing tariff quota for carp and the application of the new tariff quota for imports of products of HS heading 1604 should take effect as from 1 August 2014.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Union tariff quotas are opened for the goods originating in the Republic of Serbia and listed in the Annex.
   Article 2
   The goods listed in Part A of the Annex originating in the Republic of Serbia and declared for release for free circulation in the period between 1 February 2010 and 31 December 2011 shall, within the respective tariff quota set out in Part A of the Annex, be exempted from the customs duties applicable to imports into the Union.
   The goods listed in Part B of the Annex originating in the Republic of Serbia and declared for release for free circulation in the period from 1 January 2012 shall, within the respective tariff quota set out in Part B of the Annex, be exempted from the customs duties applicable to imports into the Union.
   Article 3
   The tariff quotas set out in the Annex shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
   Article 4
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 February 2010.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 May 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 103, 5.4.2014, p. 10.

      (2)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

      (3)  Council Decision 2010/36/EC of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (OJ L 28, 30.1.2010, p. 1).

      (4)  OJ L 233, 6.8.2014, p. 3.

      (5)  Council Decision 2014/517/EU of 14 April 2014 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 233, 6.8.2014, p. 1).

      (6)  Council Decision 2014/518/Euratom of 14 April 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 233, 6.8.2014, p. 20).

      (7)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1.)

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

      ANNEX
      PART A

         Applicable from 1.2.2010 to 31.12.2011

      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Part of the Annex, by CN codes as they existed on 1.2.2010.

                  Order number

                  CN code

                  TARIC extension

                  Description

                  Volume from 1.2.2010 to 31.12.2010
                  (in tonnes net weight)

                  Volume from 1.1.2011 to 31.12.2011
                  (in tonnes net weight)

                  09.1545

                  0301 91 10

                  Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                  15 tonnes

                  15 tonnes

                  0301 91 90

                  0302 11 10

                  0302 11 20

                  0302 11 80

                  0303 21 10

                  0303 21 20

                  0303 21 80

                  0304 19 15

                  0304 19 17

                  ex 0304 19 18

                  30

                  ex 0304 19 91

                  10

                  0304 29 15

                  0304 29 17

                  ex 0304 29 18

                  30

                  ex 0304 99 21

                  11
                  12
                  20

                  ex 0305 10 00

                  10

                  ex 0305 30 90

                  50

                  0305 49 45

                  ex 0305 59 80

                  61

                  ex 0305 69 80

                  61

                  09.1546

                  0301 93 00

                  Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                  60 tonnes

                  60 tonnes

                  0302 69 11

                  0303 79 11

                  ex 0304 19 18

                  20

                  ex 0304 19 91

                  20

                  ex 0304 29 18

                  20

                  ex 0304 99 21

                  16

                  ex 0305 10 00

                  20

                  ex 0305 30 90

                  60

                  ex 0305 49 80

                  30

                  ex 0305 59 80

                  63

                  ex 0305 69 80

                  63

            PART B

         Applicable from 1.1.2012

      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Part of the Annex, by CN codes as they exist at the time of adoption of this Regulation.

                  Order number

                  CN code

                  TARIC extension

                  Description

                  Annual volumes (from 1.1. to 31.12.)
                  (in tonnes net weight)

                  09.1545

                  0301 91

                  Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                  2012 and the years thereafter: 15 tonnes

                  0302 11

                  0303 14

                  0304 42

                  ex 0304 52 00

                  10

                  0304 82

                  ex 0304 99 21

                  11
                  12
                  20

                  ex 0305 10 00

                  10

                  ex 0305 39 90

                  10

                  0305 43 00

                  ex 0305 59 80

                  61

                  ex 0305 69 80

                  61

                  09.1546

                  0301 93 00

                  Carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                  2012 and 2013: 60 tonnes
                  2014: 60 tonnes increased by 10,833 tonnes from 1.8.2014
                  2015 and the years thereafter: 86 tonnes

                  0302 73 00

                  0303 25 00

                  ex 0304 39 00

                  20

                  ex 0304 51 00

                  10

                  ex 0304 69 00

                  20

                  ex 0304 93 90

                  10

                  ex 0305 10 00

                  20

                  ex 0305 31 00

                  10

                  ex 0305 44 90

                  10

                  ex 0305 59 80

                  63

                  ex 0305 64 00

                  10

                  09.1592

                  HS heading 1604

                  Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

                  From 1.8.2014 to 31.12.2014: 6,25 tonnes
                  2015 and the years thereafter: 15 tonnes


title: Commission Implementing Regulation (EU) No 1093/2011 of 28 October 2011 on the application of derogations from the rules of origin laid down in the Protocol on the definition of originating products attached to the Free Trade Agreement between the European Union and its Member States and Korea

text:
               29.10.2011

               EN

               Official Journal of the European Union

               L 283/27

         COMMISSION IMPLEMENTING REGULATION (EU) No 1093/2011
   of 28 October 2011
   on the application of derogations from the rules of origin laid down in the Protocol on the definition of originating products attached to the Free Trade Agreement between the European Union and its Member States and Korea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2011/265/EU of 16 September 2010 on the signing and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea (1), of the other part, and in particular Article 7 thereof,
   Whereas:

               (1)

               By Decision 2011/265/EU, the Council authorised the signature of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (2) (‘the Agreement’) on behalf of the European Union. Decision 2011/265/EU confirmed the provisional application of the Agreement, subject to its conclusion at a later stage, as provided for in Article 15.10.5 of the Agreement. The date from which the Agreement applies on a provisional basis was set at 1 July 2011.

               (2)

               For a number of specific products, Annex II(a) to the Protocol attached to the Agreement concerning the definition of ‘originating products’ and methods of administrative cooperation (3) (‘the Protocol’) provides for derogations from the rules of origin set out in Annex II to the Protocol. However, the derogations are limited by annual quotas. It is therefore necessary to lay down the conditions for the application of those derogations.

               (3)

               In accordance with Annex II(a) to the Protocol, the proof of origin for surimi preparations (CN code 1604 20 05) should be accompanied by documentary evidence that the surimi preparation contains at least 40 per cent fish by weight and that the Alaska Pollack (Theragra chalcogramma) species has been used as the primary ingredient of the surimi base.

               (4)

               In accordance with Annex II(a) to the Protocol, the proof of origin for dyed woven fabrics of CN codes 5408 22 and 5408 32 should be accompanied by documentary evidence that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product.

               (5)

               Since the quotas set out in Annex II(a) to the Protocol are to be managed by the Commission on a first-come, first-served basis, they should be managed in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4).

               (6)

               Since the Agreement takes effect on 1 July 2011, this Regulation should apply from the same date.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The rules of origin set out in Annex II(a) to the Protocol concerning the definition of ‘originating products’ and methods of administrative cooperation attached to the Free Trade Agreement between the European Union and its Member States and the Republic of Korea (‘the Protocol’) shall apply for the products set out in the Annex to this Regulation.
   2.   The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Annex II to the Protocol, subject to the quotas set out in the Annex.
   Article 2
   The rules of origin provided for in this Regulation shall apply under the following conditions:

               (a)

               a declaration signed by the approved exporter certifying that the products concerned satisfy the conditions of the derogation shall be provided upon the release of the products for free circulation within the Union;

               (b)

               the declaration referred to in point (a) shall contain the following statement in English: ‘Derogation — Annex II(a) of the Protocol concerning the definition of originating products and methods of administrative cooperation’.

         Article 3
   1.   Where a proof of origin is provided for surimi preparations of CN code 1604 20 05, it shall be accompanied by documentary evidence that the surimi preparation contains at least 40 per cent fish by weight and that the Alaska Pollack (Theragra chalcogramma) species has been used as the primary ingredient of the surimi base.
   2.   Where necessary, the meaning of ‘primary ingredient’ as referred to in paragraph 1 shall be interpreted by the Customs Committee in accordance with Article 28 of the Protocol.
   Article 4
   1.   The documentary evidence referred to in Article 3 shall consist of at least a signed statement in English by the approved exporter that:

               (a)

               the surimi preparation contains at least 40 per cent fish by weight;

               (b)

               the Alaska Pollack (Theragra chalcogramma) species has been used as the primary ingredient of the surimi base.

         2.   The statement referred to in paragraph 1 shall also include the following:

               (a)

               the amount used of the Alaska Pollack (Theragra chalcogramma) species as a percentage of the fish used for producing the surimi;

               (b)

               the country of origin of the Alaska Pollack.

         Article 5
   Where a proof of origin is provided for dyed woven fabrics of CN codes 5408 22 and 5408 32, it shall be accompanied by documentary evidence that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product.
   Article 6
   The documentary evidence referred to in Article 5 shall consist of at least a signed statement in English by the approved exporter that the undyed fabric used does not exceed 50 per cent of the ex-works price of the product. The statement shall also include the following:

               (a)

               the price in euro of the non-originating undyed fabrics used to make the dyed woven fabrics (CN codes 5408 22 and 5408 32);

               (b)

               the ex-works price in euro of the dyed woven fabrics (CN codes 5408 22 and 5408 32).

         Article 7
   The quotas listed in the Annex to this Regulation shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.
   Article 8
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 October 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 127, 14.5.2011, p. 1.

      (2)  OJ L 127, 14.5.2011, p. 6.

      (3)  OJ L 127, 14.5.2011, p. 1344.

      (4)  OJ L 253, 11.10.1993, p. 1.

      ANNEX
      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation.

                  Order No

                  CN code

                  TARIC subdivision

                  Description of products

                  Quota period

                  Quota volume
                  (in tonnes net weight unless otherwise specified)

                  09.2450

                  1604 20 05

                  Preparations of surimi

                  1.7.2011-30.6.2012

                  2 000

                  1.7.2012-30.6.2013

                  2 500

                  From 1.7.2013 onwards:

                  1.7-30.6

                  3 500

                  09.2451

                  1905 90 45

                  Biscuits

                  1.7-30.6

                  270

                  09.2452

                  2402 20

                  Cigarettes containing tobacco

                  1.7-30.6

                  250

                  09.2453

                  5204

                  Cotton sewing thread, whether or not put up for retail sale

                  1.7-30.6

                  86

                  09.2454

                  5205

                  Cotton yarn (other than sewing thread), containing 85 % or more by weight of cotton, not put up for retail sale

                  1.7-30.6

                  2 310

                  09.2455

                  5206

                  Cotton yarn (other than sewing thread), containing less than 85 % by weight of cotton, not put up for retail sale

                  1.7-30.6

                  377

                  09.2456

                  5207

                  Cotton yarn (other than sewing thread), put for retail sale

                  1.7-30.6

                  92

                  09.2457

                  5408

                  Woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405

                  1.7-30.6

                  17 805 290 m2

                  09.2458

                  5508

                  Sewing thread of man-made staple fibres, whether or not put up for retail sale

                  1.7-30.6

                  286

                  09.2459

                  5509

                  Yarn (other than sewing thread) of synthetic staple fibres, not put up for retail sale

                  1.7-30.6

                  3 437

                  09.2460

                  5510

                  Yarn (other than sewing thread) of artificial staple fibres, not put up for retail sale

                  1.7-30.6

                  1 718

                  09.2461

                  5511

                  Yarn (other than sewing thread) of man-made staple fibres, put up for retail sale

                  1.7-30.6

                  203