title: Commission Implementing Regulation (EU) 2015/467 of 19 March 2015 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector

text:
               20.3.2015

               EN

               Official Journal of the European Union

               L 76/50

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/467
   of 19 March 2015
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector
   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), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 533/2007 (2) opened annual tariff quotas for imports of poultrymeat products.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               In order to ensure the efficient management of the measure, 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 quantities covered by the applications for import licences lodged under Regulation (EC) No 533/2007 for the subperiod from 1 April to 30 June 2015 shall be multiplied by the allocation coefficient 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 Brussels, 19 March 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)  Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (OJ L 125, 15.5.2007, p. 9).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 April to 30 June 2015
                  (%)

                  09.4067

                  49,313301

                  09.4068

                  —

                  09.4069

                  0,227954

                  09.4070

                  —


title: Commission Implementing Regulation (EU) No 467/2013 of 16 May 2013 amending Regulation (EC) No 206/2009 on the introduction into the Community of personal consignments of products of animal origin, as regards information to be provided in the posters to travellers and to the general public  Text with EEA relevance

text:
               22.5.2013

               EN

               Official Journal of the European Union

               L 135/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 467/2013
   of 16 May 2013
   amending Regulation (EC) No 206/2009 on the introduction into the Community of personal consignments of products of animal origin, as regards information to be provided in the posters to travellers and to the general public
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the third indent of Article 8(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 206/2009 (2) lays down rules concerning the introduction into the Union of personal consignments of products of animal origin of a non-commercial nature which form part of travellers’ luggage, or are delivered to private persons in small amounts also as a result of remote orders (for example by mail, by telephone or via the internet).

               (2)

               Article 3 of Regulation (EC) No 206/2009 requires Member States to ensure that at all points of entry into the Union, the veterinary conditions applicable to personal consignments introduced into the Union are brought to the attention of travellers arriving from third countries. The information to be provided to travellers has to include at least the information contained in one of the posters set out in Annex III to that Regulation. The posters contain information on derogations for certain third countries of geographical proximity and limited animal health risk.

               (3)

               Croatia is one of those countries. Subject to, and as from the date of the entry into force of the Treaty of Accession of Croatia, it is necessary to delete the entry for that country from those posters.

               (4)

               It is also opportune to slightly review the wording and the layout of the message presented in the posters in order to make it clearer for the travellers and the general public.

               (5)

               Annex III to Regulation (EC) No 206/2009 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 206/2009 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force subject to, and on the date of the entry into force of the Treaty of Accession of Croatia.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 May 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 77, 24.3.2009, p. 1.

      ANNEX

            ‘ANNEX III
            (The notices can be found at: http://ec.europa.eu/food/fs/ah_pcad/ah_pcad_importposters_en.html)

               ’


title: Commission Implementing Regulation (EU) 2015/619 of 20 April 2015 fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 April 2015 are based and establishing the quantities to be added to the quantity fixed for the sub-period from 1 October to 31 December 2015 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

text:
               21.4.2015

               EN

               Official Journal of the European Union

               L 102/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/619
   of 20 April 2015
   fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 April 2015 are based and establishing the quantities to be added to the quantity fixed for the sub-period from 1 October to 31 December 2015 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat
   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), and in particular Article 188 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 616/2007 (2) opened annual tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries.

               (2)

               The quantities on which applications for import licences lodged from 1 to 7 April 2015 for the sub-period from 1 July to 30 September 2015 and for the period from 1 July 2015 to 30 June 2016 are based relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               The quantities on which applications for import rights lodged from 1 to 7 April 2015 for the sub-period from 1 July to 30 September 2015 and for the period from 1 July 2015 to 30 June 2016 are based relate, for some quotas, to quantities exceeding those available. The extent to which import rights may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Regulation (EC) No 1301/2006.

               (4)

               The quantities on which applications for import licences lodged from 1 to 7 April 2015 for the sub-period from 1 July to 30 September 2015 are based relate, for some quotas, to quantities less than those available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota sub-period.

               (5)

               In order to ensure the efficient management of the measure, 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
   1.   The quantities on which applications for import licences lodged pursuant to Regulation (EC) No 616/2007 for the sub-period from 1 July to 30 September 2015 and for the period from 1 July 2015 to 30 June 2016 are based shall be multiplied by the allocation coefficient set out in part A of the Annex hereto.
   2.   The quantities for which applications for import licences have not been lodged pursuant to Regulation (EC) No 616/2007, to be added to the sub-period from 1 October to 31 December 2015, are set out in part A of the Annex hereto.
   Article 2
   The quantities on which applications for import rights lodged pursuant to Regulation (EC) No 616/2007 for the sub-period from 1 July to 30 September 2015 and for the period from 1 July 2015 to 30 June 2016 are based shall be multiplied by the allocation coefficient set out in part B of the Annex hereto.
   Article 3
   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, 20 April 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)  Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries (OJ L 142, 5.6.2007, p. 3).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX
      PART A

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the sub-period from 1 July to 30 September 2015
                  (%)

                  Non-requested quantities to be added to the quantities available for the sub-period from 1 October to 31 December 2015
                  (in kg)

                  1

                  09.4211

                  0,390777

                  —

                  2

                  09.4212

                  0,827595

                  —

                  4A

                  09.4214

                  0,489236

                  —

                  09.4251

                  0,594809

                  —

                  09.4252

                  —

                  4 251 500

                  6A

                  09.4216

                  0,401123

                  09.4260

                  0,569476

                  —

                  7

                  09.4217

                  —

                  9 086 000

                  8

                  09.4218

                  —

                  3 478 800

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the period from 1 July 2015 to 30 June 2016
                  (%)

                  3

                  09.4213

                  3,703703

                  4B

                  09.4253

                  —

                  6B

                  09.4261

                  —

                  09.4262

                  —

                  09.4263

                  0,046334

                  09.4264

                  —

                  09.4265

                  —

            PART B

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the sub-period from 1 July to 30 September 2015
                  (%)

                  Non-requested quantities to be added to the quantities available for the sub-period from 1 October to 31 December 2015
                  (in kg)

                  5A

                  09.4215

                  0,607855

                  —

                  09.4254

                  3,655034

                  —

                  09.4255

                  3,558718

                  —

                  09.4256

                  53,394858

                  —

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the period from 1 July 2015 to 30 June 2016
                  (%)

                  5B

                  09.4257

                  10

                  09.4258

                  —

                  09.4259

                  —


title: Commission Implementing Regulation (EU) No 649/2014 of 17 June 2014 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

text:
               18.6.2014

               EN

               Official Journal of the European Union

               L 178/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 649/2014
   of 17 June 2014
   fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009
   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), and in particular Article 188 thereof,
   Whereas:

               (1)

               Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.

               (2)

               Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 20 to 30 May for exports during the quota year from 1 July to 30 June of the following year. It is appropriate, pursuant to Article 31(2) of Regulation (EC) No 1187/2009, to determine to what extent licences for quantities applied for may be granted and to fix the allocation coefficient for each part of the quota.

               (3)

               The applications lodged between 20 and 30 May 2014 cover quantities lower than those available. As a result, it is appropriate, pursuant to the first subparagraph of Article 31(3) of Regulation (EC) No 1187/2009 to fix the remaining quantity for which license applications can be lodged from 1 to 10 November 2014,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The applications for export licences lodged from 20 to 30 May 2014 shall be accepted.
   The quantities covered by export licence applications referred to in the first paragraph of this Article for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by the following allocation coefficients:

               —

               1,00 for applications lodged for the part of the quota referred to in Article 28(1)(a) of Regulation (EC) No 1187/2009,

               —

               1,00 for applications lodged for the part of the quota referred to in Article 28(1)(b) of Regulation (EC) No 1187/2009.

         The remaining quantity as referred to in the first subparagraph of Article 31(3) of Regulation (EC) No 1187/2009 shall be 12 358 tonnes.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

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

            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)  Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).


title: Commission Implementing Regulation (EU) No 1174/2014 of 24 October 2014 entering a name in the register of protected designations of origin and protected geographical indications (Piadina Romagnola/Piada Romagnola (PGI))

text:
               4.11.2014

               EN

               Official Journal of the European Union

               L 316/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 1174/2014
   of 24 October 2014
   entering a name in the register of protected designations of origin and protected geographical indications (Piadina Romagnola/Piada Romagnola (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Piadina Romagnola’/‘Piada Romagnola’ 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 ‘Piadina Romagnola’/‘Piada Romagnola’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Piadina Romagnola’/‘Piada Romagnola’ (PGI) is registered.
   The name referred to in the first paragraph identifies a product in Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker's wares in accordance with Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 October 2014.

            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 C 153, 21.5.2014, 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: Commission Implementing Regulation (EU) No 297/2012 of 2 April 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               5.4.2012

               EN

               Official Journal of the European Union

               L 99/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 297/2012
   of 2 April 2012
   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, subject to the measures in force in the Union relating to double-checking systems and to prior and retrospective surveillance of textile products on importation into the Union, binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, may continue to be invoked for a period of 60 days 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
   Subject to the measures in force in the Union relating to double-checking systems and to prior and retrospective surveillance of textile products on importation into the Union, binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation, may continue to be invoked for a period of 60 days, under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 April 2012.

            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)

                  A rectangular article measuring approximately 60 × 300 cm, composed of two different layers (one layer of textile fabric and one layer of paper) glued together and having a total thickness of approximately 0,26 mm.
                  The layer of textile fabric consists of non-woven synthetic (polyester) fibres with a thickness of approximately 0,18 mm and a weight of approximately 48,3 g/m2. The layer of paper has a thickness of approximately 0,08 mm and a weight of approximately 20,9 g/m2.
                  The visible side of the paper layer is slightly patterned and has four textile cords of cotton (in the form of twine) glued vertically along the whole length. On the same side, thin bamboo sticks run horizontally across the full width at approximately 4 cm-intervals.
                  The article can be used for several purposes, for example as a panel curtain, as a room divider, to hide open storage or to replace a door.
                  (panel curtain)
                  (see photograph No 657) (1)

                  6303 92 10

                  Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 63, Note 7(e) to Section XI and the wording of CN codes 6303, 6303 92 and 6303 92 10.
                  The non-woven textile fabric confers the essential character to the article, because its presence is predominant in quantity and weight, and because of its important role in relation to the use of the article (see also the Harmonised System Explanatory Notes to General Rule for Interpretation 3(b), point VIII). More specifically, without the reinforcement function of the non-woven textile fabric, the determined use would not be possible. Therefore, classification under Chapter 48 as an article of paper is excluded.
                  As the article consists of two different materials gummed together (the polyester non-woven textile fabric and the paper), the article is considered to be a made up article within the meaning of Note 7(e) to Section XI.
                  As the thin bamboo sticks are glued at intervals of approximately 4 cm it is considered that they only have an ornamental function and do not contribute to reinforcing the article. Consequently, classification under Chapter 46 as an article of bamboo is excluded.
                  Due to its size, the possibility to shorten it to the desired length by simply cutting, and the fact that it can be used for several purposes related to the use of the curtain, the article has the objective characteristics of a curtain or interior blind.
                  It is therefore to be classified under CN code 6303 92 10 as a curtain or interior blind, of synthetic fibres.

         (1)  The photograph is purely for information.


title: Commission Implementing Regulation (EU) 2016/330 of 8 March 2016 suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences for the period of 2017-2019

text:
               9.3.2016

               EN

               Official Journal of the European Union

               L 62/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/330
   of 8 March 2016
   suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences for the period of 2017-2019
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (1), and in particular Article 8(3) thereof,
   Whereas:

               (1)

               In accordance with Article 8(1) of Regulation (EU) No 978/2012 the tariff preferences of the general arrangement of the generalised scheme of preferences (GSP) are to be suspended in respect of products of a GSP section originating in a GSP beneficiary country when the average value of Union imports of such products over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI of that Regulation.

               (2)

               Pursuant to Article 8(2) of Regulation (EU) No 978/2012 and based on trade statistics concerning calendar years 2009-2011, Commission Implementing Regulation (EU) No 1213/2012 (2) established the list of product sections for which the tariff preferences were suspended from 1 January 2014 until 31 December 2016.

               (3)

               In line with Article 8(3) of Regulation (EU) No 978/2012, the Commission should, every three years, review that list through an implementing act to suspend or re-establish the tariff preferences. The revised list should apply for three years as of 1 January 2017. The list is based on trade statistics concerning calendar years 2012-2014 as available on 1 September 2015 and takes into account imports from GSP beneficiary countries listed in Annex II of Regulation (EU) No 978/2012 as applicable on that date. However, the value of imports from GSP beneficiaries which, as from 1 January 2017, no longer benefit from the tariff preferences under point (b) of Article 4(1) of Regulation (EU) No 978/2012 is not taken into account.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The list of products of GSP sections for which the tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are suspended in respect of the GSP beneficiary countries concerned is established in the Annex to this Regulation.
   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 2017 until 31 December 2019.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 March 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 303, 31.10.2012, p. 1.

      (2)  Commission Implementing Regulation (EU) No 1213/2012 of 17 December 2012 suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences (OJ L 348, 18.12.2012, p. 11).

      ANNEX
      The list of GSP sections for which the tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are suspended in respect of a GSP beneficiary country concerned:

            Column A
         : name of country

            Column B
         : GSP section (Article 2(j) of GSP Regulation)

            Column C
         : description

                  A

                  B

                  C

                  India

                  S-5

                  Mineral products

                  S-6a

                  Inorganic and organic chemicals

                  S-11a

                  Textiles

                  S-14

                  Pearls and precious metals

                  S-15a

                  Iron, steel and articles of iron and steel

                  S-15b

                  Base metals (excl. iron and steel), articles of base metals (excl. articles of iron and steel)

                  S-17b

                  Motor vehicles, bicycles, aircraft and spacecraft, ships and boats

                  Indonesia

                  S-1a

                  Live animals and animal products excluding fish

                  S-3

                  Animal or vegetable oils, fats and waxes

                  Kenya

                  S-2a

                  Live plants and floricultural products

                  Ukraine

                  S-17a

                  Railway and tramway vehicles and products

                  S-3

                  Animal or vegetable oils, fats and waxes


title: Commission Implementing Regulation (EU) No 661/2012 of 19 July 2012 correcting the Slovenian version of Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis

text:
               20.7.2012

               EN

               Official Journal of the European Union

               L 192/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 661/2012
   of 19 July 2012
   correcting the Slovenian version of Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis
   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), and in particular Articles 113(1)(a) and 121(h) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               The Slovenian language version of Regulation (EEC) No 2568/91 as amended by Commission Regulation (EU) No 61/2011 (2) contains an error, i.e. in Annex XX, point 4.2, the wording "the purity must be checked" is erroneous. Therefore a correction of the Slovenian language version is necessary. The other language versions are not affected.

               (2)

               Regulation (EEC) No 2568/91 should therefore be corrected accordingly.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Concerns only the Slovenian language version.
   Article 2
   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, 19 July 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 23, 27.1.2011, p. 1.


title: Commission Implementing Regulation (EU) No 273/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               23.3.2013

               EN

               Official Journal of the European Union

               L 84/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 273/2013
   of 19 March 2013
   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 three 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 three months under Article 12(6) of Regulation (EEC) No 2913/92.
   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, 19 March 2013.

            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 electronic apparatus (so-called ‘body composition analyser’) incorporating an indicator panel with dimensions of approximately 30 × 30 × 4 cm, comprising the following main components:

                                          —

                                          for weighing: a load cell and hardware for processing and displaying the weight,

                                          —

                                          for measuring: 2 electrodes on the scale upper surface, control buttons and hardware for processing and displaying the measurements.

                                    Through the 2 electrodes in contact with the feet, the apparatus sends electrical currents which, using bioimpedance characteristics, allow the apparatus to determine, for example, the percentage of body fat, the percentage of muscle, the bone mass, the body water.
                              The apparatus can also be used as a scale only.
                              The apparatus can store data for 10 users. It can display values from 2 measurements per user.
                              The apparatus is designed for domestic use.

                  8423 10 90

                  Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8423, 8423 10 and 8423 10 90.
                  The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character.
                  Due to its objective characteristics, namely the measurement system with 2 electrodes only, it is considered that the component performing the weighing gives the apparatus its essential character.
                  The apparatus is therefore to be classified under CN code 8423 10 90 as a personal weighing machine.

                              2.

                              An electronic apparatus (so-called ‘body composition analyser’) in a form of a personal scale incorporating an indicator panel with dimensions of approximately 36 × 32 × 6 cm, comprising the following main components:

                                          —

                                          for weighing: a load cell and hardware for processing and displaying the weight,

                                          —

                                          for measuring: a detachable hand bar with 4 electrodes, 4 electrodes on the scale upper surface, control buttons and hardware for processing and displaying the measurements.

                                    Through the 8 electrode system placed in the hands and under the feet, the apparatus sends electrical currents in multi-frequency measurement which, using bioimpedance characteristics, allow the apparatus to determine, for example, the percentage of body fat, the body fat mass, the body mass index (BMI), the skeletal muscle mass, the body water.
                              The apparatus can be used either by health professionals in diagnosing obesity or by other users to provide information about their physique, or to check or improve it for sporting or appearance purposes.
                              The apparatus can also be used as a scale only.
                              The apparatus can store data for 99 users and 300 measurements. The data can be transferred to an automatic data-processing machine using a USB memory stick.

                  9031 80 38

                  Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9031, 9031 80 and 9031 80 38.
                  Classification under heading 9018 as a medical instrument or appliance is excluded as the apparatus is not generally used in professional practice (see first paragraph of the HS Explanatory Notes to heading 9018).
                  The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character.
                  Due to its objective characteristics, namely the measurement technology used, it is to be considered that the component performing the measurement gives the apparatus its essential character.
                  The apparatus is therefore to be classified under CN code 9031 80 38 as other electronic measuring instruments.

                              3.

                              An electronic apparatus (so-called ‘body composition analyser’) with a weighing base and a column on top of which is a control board incorporating an indicator panel with the dimensions of approximately 120 × 87 × 52 cm, comprising the following main components:

                                          —

                                          for weighing: a load cell and hardware for processing and displaying the weight,

                                          —

                                          for measuring: 2 detachable hand bars with 2 electrodes each, 4 electrodes on the scale upper surface, control buttons and hardware for processing and displaying the measurements.

                                    Through the 8-point tactile electrode system placed in the hands and under the feet, the apparatus sends electrical currents in multi-frequency measurement which, using bioimpedance characteristics, allow the apparatus to determine, for example, the intracellular water, the extracellular water, the protein mass, the mineral mass, the body fat mass, the total body water, the fat free mass, the body mass index (BMI), the skeletal muscle mass.
                              The apparatus is equipped with the following connectors:

                                          —

                                          RJ45,

                                          —

                                          USB,

                                          —

                                          RS232,

                                          —

                                          25 pin D-sub.

                                    The apparatus can be used either by health professionals in diagnosing obesity or by other users to provide information about their physique, or to check or improve it for sporting or appearance purposes.
                              The apparatus can be connected to an automatic data-processing machine or a printer.

                  9031 80 38

                  Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9031, 9031 80 and 9031 80 38.
                  Classification under heading 9018 as a medical instrument or appliance is excluded as the apparatus is not generally used in professional practice (see first paragraph of the HS Explanatory Notes to heading 9018).
                  The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character.
                  Due to its objective characteristics, namely the measurement technology used, it is to be considered that the component performing the measurement gives the apparatus its essential character.
                  The apparatus is therefore to be classified under CN code 9031 80 38 as other electronic measuring instruments.


title: Commission Implementing Regulation (EU) No 229/2014 of 10 March 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               11.3.2014

               EN

               Official Journal of the European Union

               L 70/18

      COMMISSION IMPLEMENTING REGULATION (EU) No 229/2014
   of 10 March 2014
   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, 10 March 2014.

            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

                  0702 00 00

                  MA

                  79,2

                  TN

                  103,5

                  TR

                  95,1

                  ZZ

                  92,6

                  0707 00 05

                  EG

                  182,1

                  JO

                  182,1

                  MA

                  182,1

                  TR

                  153,8

                  ZZ

                  175,0

                  0709 91 00

                  EG

                  45,1

                  ZZ

                  45,1

                  0709 93 10

                  MA

                  45,6

                  TR

                  88,2

                  ZZ

                  66,9

                  0805 10 20

                  EG

                  47,7

                  IL

                  69,1

                  MA

                  50,7

                  TN

                  51,0

                  TR

                  56,1

                  ZZ

                  54,9

                  0805 50 10

                  TR

                  69,5

                  ZZ

                  69,5

                  0808 10 80

                  CN

                  111,8

                  MK

                  29,8

                  US

                  209,1

                  ZZ

                  116,9

                  0808 30 90

                  AR

                  103,5

                  CL

                  165,8

                  CN

                  68,3

                  TR

                  158,2

                  US

                  132,7

                  ZA

                  91,8

                  ZZ

                  120,1

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


title: Commission Implementing Regulation (EU) No 536/2011 of 1 June 2011 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof  Text with EEA relevance

text:
               2.6.2011

               EN

               Official Journal of the European Union

               L 147/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 536/2011
   of 1 June 2011
   amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1) and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8 and point 4 of Article 8 thereof,
   Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1) and 24(2) thereof,
   Whereas:

               (1)

               Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (3) lays down rules on imports into the Union and the transit and storage in the Union of consignments of meat products, as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (4) and of consignments of treated stomachs, bladders and intestines, as defined in point 7.9 of that Annex.

               (2)

               Decision 2007/777/EC also lays down lists of third countries and parts thereof from which such imports and transit and storage are to be authorised and the public and animal health certificates and the treatments required for those products.

               (3)

               Part 2 of Annex II to Decision 2007/777/EC lays down a list of third countries or parts thereof from which imports into the Union of meat products and treated stomachs, bladders and intestines which are subject to different treatments, referred to in Part 4 of that Annex, are authorised.

               (4)

               South Africa is listed in Part 2 of Annex II of Decision 2007/777/EC as authorised for imports of meat products, treated stomachs, bladders and intestines for human consumption obtained from meat of farmed ratites, which undergo a non-specific treatment, for which no minimum temperature is specified (treatment A).

               (5)

               Part 3 of Annex II to Decision 2007/777/EC lays down a list of third countries or parts thereof from which imports into the Union of biltong/jerky and pasteurised meat products, which are subject to different treatments, referred to in Part 4 of that Annex, are authorised.

               (6)

               South Africa is listed in Part 3 of Annex II of Decision 2007/777/EC as authorised for imports into the Union of biltong/jerky consisting of, or containing meat of poultry, farmed feathered game, ratites and wild game birds which undergo a specific treatment (treatment E).

               (7)

               Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (5) lays down veterinary certification requirements for imports and transit through the Union of poultry, hatching eggs, day-old chicks and specified pathogen-free eggs and of meat, minced meat and mechanically separated meat of poultry, including ratites and wild game birds, eggs and egg products. That Regulation provides that the commodities covered by it are only to be imported into and transited through the Union from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto.

               (8)

               South Africa is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as authorised for imports into the Union of breeding and productive ratites and of day-old chicks, hatching eggs and meat of ratites.

               (9)

               Regulation (EC) No 798/2008 also sets out the conditions for a third country, territorry, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI) and the requirements for the veterinary certification in that respect for commodities destined for imports into the Union.

               (10)

               South Africa has notified the Commission of an outbreak of HPAI of the H5N2 subtype that was confirmed on its territory on 9 April 2011.

               (11)

               Due to the confirmed outbreak of HPAI, the territory of South Africa can no longer be considered as free from that disease. As a consequence, the veterinary authorities of South Africa suspended issuing veterinary certificates for consignments of the concerned commodities with immediate effect. The entry for South Africa in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (12)

               In addition, as a consequence of the HPAI outbreak, South Africa no longer complies with the animal health conditions for applying ‘treatment A’ to commodities consisting of, or containing meat of farmed ratites or treated stomachs, bladders and intestines of ratites for human consumption, listed in Part 2 of Annex II to Decision 2007/777/EC and for applying ‘treatment E’ to biltong/jerky and pasteurised meat products consisting of, or containing meat of poultry, farmed feathered game, ratites and wild game birds, listed in Part 3 of that Annex. Those treatments are insufficient to eliminate animal health risks linked to those commodities. The entries for South Africa for those commodities in Parts 2 and 3 of Annex II to Decision 2007/777/EC should therefore be amended, in order to provide for an adequate treatment thereof.

               (13)

               Decision 2007/777/EC and Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (14)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II to Decision 2007/777/EC is amended in accordance with Annex I to this Regulation.
   Article 2
   Annex I to Regulation (EC) No 798/2008 is amended in accordance with Annex II to this Regulation.
   Article 3
   This Regulation shall enter into force on the third 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, 1 June 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 343, 22.12.2009, p. 74.

      (3)  OJ L 312, 30.11.2007, p. 49.

      (4)  OJ L 139, 30.4.2004, p. 55.

      (5)  OJ L 226, 23.8.2008, p. 1.

      ANNEX I
      Annex II to Decision 2007/777/EC is amended as follows:

                  (1)

                  in Part 2, the entry for South Africa is replaced by the following:

                              ‘ZA

                              South Africa (1)

                              C

                              C

                              C

                              A

                              D

                              D

                              A

                              C

                              C

                              A

                              A

                              D

                              XXX’

                  (2)

                  in Part 3, the entry for South Africa is replaced by the following:

                              ‘ZA

                              South Africa

                              XXX

                              XXX

                              XXX

                              XXX

                              D

                              D

                              A

                              XXX

                              XXX

                              A

                              A

                              D

                              XXX’

                              South Africa ZA-1

                              E

                              E

                              XXX

                              XXX

                              D

                              D

                              A

                              E

                              XXX

                              A

                              A

                              D

      ANNEX II
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for South Africa is replaced by the following:

                     ‘ZA — South Africa

                     ZA-0

                     Whole country

                     SPF

                     EP, E

                     S4’

                     BPR

                     I

                     P2

                     9.4.2011

                     A

                     DOR

                     II

                     HER

                     III

                     RAT

                     VII

                     P2

                     9.4.2011


title: Commission Implementing Regulation (EU) 2017/1864 of 16 October 2017 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Rosé des Riceys (PDO))

text:
               17.10.2017

               EN

               Official Journal of the European Union

               L 266/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1864
   of 16 October 2017
   approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Rosé des Riceys (PDO))
   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), and in particular Article 99 thereof,
   Whereas:

               (1)

               The Commission examined France's application pursuant to Article 105 of Regulation (EU) No 1308/2013 for the approval of amendments to the specification for the Protected Designation of Origin ‘Rosé des Riceys’.

               (2)

               The Commission published the application for the approval of amendments to the specification, as required by Article 97(3) of Regulation (EU) No 1308/2013, in the Official Journal of the European Union
                   (2).

               (3)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (4)

               The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Rosé des Riceys’ (PDO) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 October 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 200, 23.6.2017, p. 4.


title: Commission Implementing Regulation (EU) 2017/409 of 8 March 2017 approving the basic substance hydrogen peroxide 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:
                  9.3.2017

                  EN

                  Official Journal of the European Union

                  L 63/95

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/409
      of 8 March 2017
      approving the basic substance hydrogen peroxide 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 23(5) in conjunction with Article 13(2) thereof,
      Whereas:

                  (1)

                  In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 9 December 2015 an application from the Institut Technique de l'Agriculture Biologique (ITAB) for the approval of hydrogen peroxide as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3).

                  (2)

                  The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on the substance concerned on 13 September 2016 (2). The Commission presented the review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 6 December 2016 and finalised them for the meeting of that Committee on 24 January 2017.

                  (3)

                  The documentation provided by the applicant shows that hydrogen peroxide is approved for use as an active substance in biocidal products for human hygiene by Commission Implementing Regulation (EU) 2015/1730 (4). It is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

                  (4)

                  It has appeared from the examinations made that hydrogen peroxide may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve hydrogen peroxide as a basic substance.

                  (5)

                  In accordance with Article 13(2) 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 for the approval which are detailed in Annex I to this Regulation.

                  (6)

                  In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should be amended accordingly.

                  (7)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Approval of a basic substance
      The substance hydrogen peroxide as specified in Annex I is approved as a basic substance subject to the conditions laid down in that Annex.
      Article 2
      Amendments to Implementing Regulation (EU) No 540/2011
      Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
      Article 3
      Entry into force
      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, 8 March 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  European Food Safety Authority, 2016; Outcome of the consultation with Member States and EFSA on the basic substance application for hydrogen peroxide for use in plant protection as fungicide and bactericide in seed treatment and for disinfecting cutting tools. EFSA supporting publication 2016:EN-1091. 39 pp.

         (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN

         (4)  Commission Implementing Regulation (EU) 2015/1730 of 28 September 2015 approving hydrogen peroxide as an existing active substance for use in biocidal products for product types 1, 2, 3, 4, 5 and 6. (OJ L 252, 29.9.2015, p. 27).

         (5)  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).

         ANNEX I

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Specific provisions

                     Hydrogen peroxide
                     CAS No 7722-84-1

                     Hydrogen peroxide

                     Solution in water (< 5 %)
                     The hydrogen peroxide used to manufacture the solution shall have a purity according to the FAO JECFA specifications.

                     29 March 2017

                     Hydrogen peroxide shall be used in accordance with the specific conditions included in the conclusions of the review report on hydrogen peroxide (SANTE/11900/2016) and in particular Appendices I and II thereof.

            (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.

         ANNEX II
         In Part C of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                        Number

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (*1)

                        Date of approval

                        Specific provisions

                        ‘15

                        Hydrogen peroxide
                        CAS No 7722-84-1

                        Hydrogen peroxide

                        Solution in water (< 5 %)
                        The hydrogen peroxide used to manufacture the solution shall have a purity according to the FAO JECFA specifications.

                        29 March 2017

                        Hydrogen peroxide shall be used in accordance with the specific conditions included in the conclusions of the review report on hydrogen peroxide (SANTE/11900/2016) and in particular Appendices I and II thereof.’

            (*1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.


title: Council Implementing Regulation (EU) No 1241/2012 of 11 December 2012 amending Implementing Regulation (EU) No 1138/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 1241/2012
   of 11 December 2012
   amending Implementing Regulation (EU) No 1138/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia
   THE COUNCIL OF THE EUROPEAN UNION,
   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) thereof,
   Having regard to the proposal submitted by the European Commission (‘the Commission’) after having consulted the Advisory Committee,
   Whereas:

               (1)

               In August 2010, the Commission, by Notice of Initiation (NOI) published on 13 August 2010 (2), initiated a proceeding with regard to imports of certain fatty alcohols and their blends (‘FOH’) originating in India, Indonesia and Malaysia (‘the countries concerned’).

               (2)

               In May 2011, by Regulation (EU) No 446/2011 (3) (‘the provisional Regulation’), the Commission imposed a provisional anti-dumping duty on imports of FOH originating in India, Indonesia and Malaysia, and in November 2011 a definitive anti-dumping duty was imposed on the same imports by Council Implementing Regulation (EU) No 1138/2011 (4) (‘the definitive Regulation’).

               (3)

               On 21 January 2012, PT Ecogreen Oleochemicals, an Indonesian exporting producer of FOH, Ecogreen Oleochemicals (Singapore) Pte. Ltd and Ecogreen Oleochemicals GmbH (herein jointly referred to as ‘Ecogreen’) lodged an application (Case T-28/12) before the General Court for the annulment of the definitive Regulation as far as the anti-dumping duty with regard to Ecogreen was concerned. Ecogreen contested the adjustment made on the basis of Article 2(10)(i) of the basic Regulation to its export price for the purpose of comparing that export price with the company’s normal value.

               (4)

               On 16 February 2012, the Court of Justice rendered its judgment in joined Cases C-191/09 P and C-200/09 P Council of the European Union and European Commission v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT). The Court of Justice rejected the appeals and cross-appeals of the General Court’s judgment in Case T-249/06 Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) v Council of the European Union. The General Court had annulled Article 1 of Council Regulation (EC) No 954/2006 (5) with regard to Interpipe NTRP VAT, inter alia, on the grounds of a manifest error of assessment in making the adjustment based on Article 2(10)(i), and on other grounds with regard to Interpipe Niko Tube ZAT.

               (5)

               Given that the factual circumstances for Ecogreen are similar to those of Interpipe NTRP VAT in respect of the adjustment made pursuant to Article 2(10)(i) of the basic Regulation, in particular the following factors in combination: volume of direct sales to third countries of less than 8 % (1-5 %) of all export sales; existence of common ownership/control of the trader and the exporting producer; the nature of functions of the trader and the exporting producer, it is considered appropriate to recalculate the dumping margin of Ecogreen without making an adjustment pursuant to Article 2(10)(i) and to amend the definitive Regulation accordingly.

         A.   NEW ASSESSMENT OF THE FINDINGS BASED ON THE JUDGEMENT OF THE GENERAL COURT

               (6)

               On the basis of eliminating the adjustment pursuant to Article 2(10)(i), the dumping margin established for Ecogreen, expressed as a percentage of the CIF import price at the Union frontier, duty unpaid, is less than 2 % and is therefore considered de minimis in accordance with Article 9(3) of the basic Regulation. In the light of this, the investigation should be terminated in respect of Ecogreen without the imposition of measures.

               (7)

               The dumping margin for all companies in Indonesia, other than for the other exporting producer with an individual margin, which was based on that of the cooperating Indonesian exporting producer with the highest dumping margin, should be revised to take account of the recalculated dumping margin of Ecogreen.

         B.   DISCLOSURES

               (8)

               The interested parties concerned were informed of the proposal to revise the rates of anti-dumping duty in two disclosures, one sent on 13 June 2012 and a second disclosure sent on 25 September 2012. All parties were granted a period within which they could make representations subsequent to each disclosure in accordance with the provisions of the basic Regulation.

               (9)

               Comments on the disclosure sent on 13 June 2012 were received from P.T. Musim Mas (PTMM), the second exporting producer in Indonesia, from one producer in the Union, and from one exporting producer in Malaysia. PTMM also asked for an opportunity to be heard by the Commission services and was granted such a hearing.

               (10)

               PTMM, for which an adjustment under Article 2(10)(i) had also been made, argued that the Court judgment in joined Cases C-191/09 P and C-200/09 P should result in a recalculation of its dumping margin, similar to that made for Ecogreen, without an adjustment being made pursuant to Article 2(10)(i), as once a single economic entity made up of the exporting producer and the trader is established, no adjustments under Article 2(10)(i) can be made. The company also claimed that the burden of proving that an adjustment should be made rests with the Institutions, and that they have not proved it in the case of PTMM. It further alleged that its circumstances were identical to those of Ecogreen, and any difference in treatment would therefore amount to discrimination.

               (11)

               As regards the comments made by PTMM, it should be noted that it does not follow from the Court judgment in joined Cases C-191/09 P and C-200/09 P that as soon as the existence of a single economic entity is established no adjustment under Article 2(10)(i) of the basic Regulation can be made. The adjustment under Article 2(10)(i) is considered to be justified in the case of PTMM as has been explained in the definitive regulation, in communication with the company and below.

               (12)

               There are a number of differences in the circumstances of the two Indonesian exporting producers, in particular the following in combination: the level of direct export sales made by the producer; the significance of the trader’s activities and functions concerning products sourced from non-related companies; the existence of a contract between the trader and producer, which provided that the trader was to receive a commission for the export sales. Given the difference in the circumstances of the two companies the claim of discrimination has to be rejected.

               (13)

               It is noted that PTMM also lodged an application (Case T-26/12) before the General Court for the annulment of the definitive Regulation as far as the anti-dumping duty with regard to PTMM was concerned.

               (14)

               One exporting producer in Malaysia argued that the recalculation of the margin for Ecogreen, without making an adjustment pursuant to Article 2(10)(i), was not supported by the judgment in joined Cases C-191/09 P and C-200/09 P or the facts therein. It pointed out that the General Court, in Case T-249/06, had found a manifest error of assessment in applying Article 2(10)(i) of the basic Regulation in so far as the Council made an adjustment on the export price charged by Sepco in the context of transactions concerning pipes manufactured by Interpipe NTRP VAT, but not those manufactured by Interpipe Niko Tube ZAT. Ecogreen’s factual circumstances thus could not simultaneously be similar to those of Interpipe NTRP VAT and of Interpipe Niko Tube ZAT due to a difference in the situation of those two companies.

               (15)

               This argument is accepted. Indeed, Ecogreen’s situation is similar to that of Interpipe NTRP VAT. This finding justifies the need for taking the appropriate steps to recalculate the dumping margin for Ecogreen without the Article 2(10)(i) adjustment.

               (16)

               The exporting producer in Malaysia further argued that the situation of Ecogreen as described in the definitive Regulation is not even similar to that of Interpipe NTRP VAT. Upon reassessing the precise factual circumstances of Ecogreen, it is however considered that these are sufficiently similar to those of Interpipe NTRP VAT as such control as found by the General Court for Interpipe NTRP VAT when assessing whether the company carrying out the sales activities is under the control of the exporting producer or whether there is common control has been found for Ecogreen and together with several other factors, as indicated in recital 4, leads to the conclusion that the adjustment under Article 2(10)(i) of the basic Regulation should not have been made.

               (17)

               The same exporting producer in Malaysia, as an alternative to its argument regarding the similarities between the situation of Ecogreen and the circumstances of Case T-249/06, argued that the disclosure sent on 13 June 2012 was insufficient and that additional disclosure should be made of the essential facts and considerations on the basis of which the recalculation for Ecogreen is justified. One producer in the Union also commented that both disclosures referred to in recital 8 were insufficient, and argued that it was deprived of its rights of defence.

               (18)

               In this regard, it is recalled that certain details relating to specific companies which are confidential in nature cannot be disclosed to third parties. However, the nature of the factual circumstances of Ecogreen which are similar to those of Interpipe NTRP VAT, as indicated at recital 5, was disclosed to interested parties on 13 June and 25 September 2012, who were granted a period within which they could make representations subsequent to each disclosure in accordance with the provisions of the basic Regulation.

               (19)

               In response to the second disclosure sent on 25 September 2012, the parties mainly reiterated their claims in their responses to the first disclosure of 13 June 2012.

               (20)

               PTMM has developed its comments based on its main claim that the existence of a Single Economic Entity (SEE) of PTMM and its trader excludes an adjustment under Article 2(10)(i) of the basic Regulation claiming that the Institutions shift the SEE doctrine laid down by the Courts to a functional approach where an analysis of the functions of the related trader would be required.

               (21)

               It is noted that this issue turns on a point of law that is a subject matter of a pending case.

               (22)

               Furthermore, PTMM claimed that the arguments in recital 12 above are not convincing and do not suffice to differentiate between the circumstances of Ecogreen and PTMM respectively.

               (23)

               In that regard it is sufficient to note that it is settled case-law that different treatment of companies that are not in an identical situation does not amount to discrimination (6). Against this background each individual case was assessed on its individual merits against the findings in the judgments of Case T-249/09 and joined Cases C-191/09 P and C-200/09 P.

               (24)

               First argument: Level of direct export sales made by the producer. PTMM submitted that it has no marketing and sales division and claimed that all the sales carried out directly by the producer in Indonesia (and not by the related trader) were only done so as to comply with legal requirements. The functions of marketing and sales were carried out by its trader in Singapore. For this reason, PTMM claimed that this argument does not justify the adjustment under Article 2(10)(i) of the basic Regulation nor the distinction drawn between PTMM on the one hand and Interpipe NTRP VAT on the other.

               (25)

               Article 2(10) of the basic Regulation stipulates that a fair comparison shall be made between the export price and the normal value at the same level of trade with due account taken of differences which affect price comparability. Where the normal value and the export price as established are not on such a comparable basis, due allowance in the form of adjustments shall be made in each case, on its merits, for differences in factors which are claimed, and demonstrated, to affect prices and price comparability.

               (26)

               On this basis, and as explained in recital 38 of the provisional Regulation, adjustments for, inter alia, differences in commissions between export sales prices and domestic sales prices during the original investigations were considered warranted due to the differences in the sales channels between export sales to the European Union and domestic sales.

               (27)

               The arguments put forward by PTMM do not contradict the first argument, namely that the level of direct export sales made by PTMM is higher than that of Interpipe NTRP VAT and that this fact distinguishes PTMM from Ecogreen. Indeed, given the level of direct export sales, it can only be concluded that PTMM’s export sales are performed not only from its related trader in Singapore, but also from Indonesia.

               (28)

               Second argument: Significance of the trader’s activities and functions concerning products sourced from non-related companies. PTMM claimed that, whereas it did not deny that its related trader was involved in a range of different palm oil-based products, PTMM claimed that this argument was flawed, since it was based on activities beyond the scope of original investigation.

               (29)

               In order to assess whether the functions of a trader are not those of an internal sales department but comparable to those of an agent working on a commission basis within the meaning of the judgement of the General Court in Case T-249/06, the trader’s activities have to be assessed against the economic reality. There are similarities as regards the functions of the trader with regard to the product concerned and the other products traded. This is confirmed by the fact that, as discussed below in recitals 30 and 31, the relationship between PTMM and its related trader, including the functions of the latter, for most if not all products — including the product concerned — is governed by one single contract without distinguishing among products. It should be noted that the trader’s overall activities were based to a significant extent on supplies originating from unrelated companies. The trader’s functions are therefore similar to those of an agent working on a commission basis.

               (30)

               Third argument: The existence of a contract between the trader and producer, which provided that the trader was to receive a commission for the export sales. PTMM claimed that this contract was a master agreement to regulate transfer prices between related parties to comply with applicable Indonesian/Singapore tax guidelines and internationally accepted guidelines on transfer pricing.

               (31)

               The fact that this agreement can also be used for calculating arm’s length prices in accordance with applicable tax guidelines does not contradict the finding that pursuant to the agreement the trader received a commission in the form of a fixed mark-up only for its international and marketing sales activities. Indeed, the very name and the modalities of the agreement justify the finding that the contract was intended to govern the relationship between PTMM and the trader and was not limited to the transfer pricing or tax issues. The contract thus represents circumstantial evidence that the trader’s functions are similar to those of an agent working on a commission basis.

               (32)

               In the light of the arguments presented above the Institutions have met the standard of proof required by the settled case-law (7): they based their findings on direct or at least circumstantial evidence. As regards PTMM, and for reasons explained above, the adjustment made to the export prices pursuant to Article 2(10)(i) of the basic Regulation is warranted and the present level of anti-dumping duty should therefore be kept.

         C.   CONCLUSION

               (33)

               On the basis of the above the duty rates applicable to Ecogreen and to all other companies in Indonesia (except P.T. Musim Mas) should be amended. The amended rates should apply retroactively from the date of the entry into force of Implementing Regulation (EU) No 1138/2011 including to any imports subject to provisional duties between 12 May and 11 November 2011. Consequently, the definitive anti-dumping duty paid or entered into the accounts pursuant to Article 1 of Implementing Regulation (EU) No 1138/2011 in its initial version and the provisional anti-dumping duties definitively collected pursuant to Article 2 of the same Regulation in its initial version in excess of the duty rate specified in Article 1(2) of Implementing Regulation (EU) No 1138/2011 as amended by this Regulation should be repaid or remitted. Repayment or remission should be requested from national customs authorities in accordance with applicable customs legislation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The entry for Indonesia in the table in Article 1(2) of Implementing Regulation (EU) No 1138/2011 is replaced by the following:

                  Country

                  Company

                  Definitive anti-dumping duty (EUR per tonne net)

                  TARIC Additional Code

                  ‘Indonesia

                  P.T. Ecogreen Oleochemicals Batam, Kabil, Batam
                  P.T. Musim Mas, Tanjung Mulia, Medan, Sumatera Utara

                  0,00
                  45,63

                  B111
                  B112

                  All other companies

                  45,63

                  B999’

   Article 2
   The amounts of duties paid or entered into the accounts, pursuant to Article 1 of Implementing Regulation (EU) No 1138/2011 in its initial version and the amounts of provisional duties definitively collected pursuant to Article 2 of the same Regulation in its initial version, which exceed those established by Article 1 of this Regulation, shall be repaid or remitted. Repayment or remission must be requested from national customs authorities in accordance with applicable customs legislation.
   Article 3
   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 12 November 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 December 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

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

      (2)  OJ C 219, 13.8.2010, p. 12.

      (3)  OJ L 122, 11.5.2011, p. 47.

      (4)  OJ L 293, 11.11.2011, p. 1.

      (5)  Council Regulation (EC) No 954/2006 of 27 June 2006 imposing definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and terminating the interim reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine (OJ L 175, 29.6.2006, p. 4).

      (6)  Case C-248/04, Koninklijke Cooperatie Cosun [2006] ECR I-10211, paragraph 72, and Case C-303/05 Advocaten voor de Wereld [2007] ECR I-3633, paragraph 56. Case C-372/06 Asda Stores Ltd v Commissioners of Her Majesty’s Revenue and Customs [2007] ECR I-11223, point 62.

      (7)  T-249/06, paragraphs 180 and 181.