title: Commission Implementing Regulation (EU) No 444/2013 of 7 May 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               15.5.2013

               EN

               Official Journal of the European Union

               L 130/19

         COMMISSION IMPLEMENTING REGULATION (EU) No 444/2013
   of 7 May 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, 7 May 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)

                  The product is a yellow to yellow-brown powder consisting of (% by weight):

                              proteins

                              62,5

                              starch/glucose

                              7

                              moisture

                              9

                              crude fibre

                              3,9

                              crude fat

                              1,1

                              crude ash

                              6

                        The product is obtained from defatted soya beans after the extraction of the oil, further extracted with water and ethanol to remove soluble carbohydrates and minerals.
                  The product is unsuitable for human consumption and used for animal feeding.

                  2309 90 31

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 23 and the wording of CN codes 2309, 2309 90 and 2309 90 31.
                  The product is a protein concentrate and is not a residue directly resulting from the extraction of soybeans. Therefore classification under heading 2304 is excluded.
                  The product is obtained by processing defatted soya beans to such an extent that it has lost the essential characteristics of the original material (see Note 1 to Chapter 23 and the Harmonised System Explanatory Notes to heading 2309).
                  The product is unsuitable for human consumption and intended solely for the feeding of animals. It is therefore to be classified under CN code 2309 90 31 as other preparations of a kind used in animal feeding.


title: Commission Implementing Regulation (EU) No 450/2012 of 29 May 2012 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes

text:
               30.5.2012

               EN

               Official Journal of the European Union

               L 140/53

         COMMISSION IMPLEMENTING REGULATION (EU) No 450/2012
   of 29 May 2012
   amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes
   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 Article 143(b) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               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) provides for the surveillance of the imports of the products listed in Annex XVIII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3).

               (2)

               For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2009, 2010 and 2011, the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes should be amended with effect from 1 June 2012.

               (3)

               Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

               (4)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication.

               (5)

               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
   Annex XVIII to Implementing Regulation (EU) No 543/2011 is replaced by the text 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, 29 May 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

      (4)  OJ L 336, 23.12.1994, p. 22.

      ANNEX

            ‘ANNEX XVIII

               ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2

            Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they stand at the time of the adoption of this Regulation.

                        Order number

                        CN code

                        Description of products

                        Period of application

                        Trigger level
                        (tonnes)

                        78.0015

                        0702 00 00

                        Tomatoes

                        From 1 October to 31 May

                        486 747

                        78.0020

                        From 1 June to 30 September

                        34 241

                        78.0065

                        0707 00 05

                        Cucumbers

                        From 1 May to 31 October

                        13 402

                        78.0075

                        From 1 November to 30 April

                        18 306

                        78.0085

                        0709 91 00

                        Artichokes

                        From 1 November to 30 June

                        11 620

                        78.0100

                        0709 93 10

                        Courgettes

                        From 1 January to 31 December

                        54 760

                        78.0110

                        0805 10 20

                        Oranges

                        From 1 December to 31 May

                        292 760

                        78.0120

                        0805 20 10

                        Clementines

                        From 1 November to end of February

                        85 392

                        78.0130

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

                        Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

                        From 1 November to end of February

                        99 128

                        78.0155

                        0805 50 10

                        Lemons

                        From 1 June to 31 December

                        311 193

                        78.0160

                        From 1 January to 31 May

                        101 513

                        78.0170

                        0806 10 10

                        Table grapes

                        From 21 July to 20 November

                        76 299

                        78.0175

                        0808 10 80

                        Apples

                        From 1 January to 31 August

                        701 247

                        78.0180

                        From 1 September to 31 December

                        64 981

                        78.0220

                        0808 30 90

                        Pears

                        From 1 January to 30 April

                        225 388

                        78.0235

                        From 1 July to 31 December

                        33 797

                        78.0250

                        0809 10 00

                        Apricots

                        From 1 June to 31 July

                        4 908

                        78.0265

                        0809 29 00

                        Cherries, other than sour cherries

                        From 21 May to 10 August

                        59 061

                        78.0270

                        0809 30

                        Peaches, including nectarines

                        From 11 June to 30 September

                        14 577

                        78.0280

                        0809 40 05

                        Plums

                        From 11 June to 30 September

                        7 924’


title: Commission Implementing Regulation (EU) 2016/1998 of 15 November 2016 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

text:
               16.11.2016

               EN

               Official Journal of the European Union

               L 308/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1998
   of 15 November 2016
   withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

               (2)

               A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

                           (a)

                           Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

                           (b)

                           Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

                           (c)

                           Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

                           (d)

                           JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

                           (e)

                           Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’).

               (6)

               By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union
                   (13) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (14) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (15)

               By Implementing Regulation (EU) 2016/184 (18), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (16)

               By Implementing Regulation (EU) 2016/1045 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (17)

               By Implementing Regulation (EU) 2016/1382 (20) the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (18)

               By Implementing Regulation (EU) 2016/1402 (21) the Commission withdrew the acceptance of the undertaking for another three exporting producers.

         B.   TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWALS

               (19)

               As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.

               (20)

               Wuxi Suntech notified the Commission in August 2016 that it wished to withdraw from the undertaking.

               (21)

               Jinko Solar, Risen Energy, JA Solar and Sumec notified the Commission in September 2016 that they also wished to withdraw from the undertaking.

         C.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

               (22)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Wuxi Suntech, Jinko Solar, Risen Energy, JA Solar and Sumec shall be withdrawn.

               (23)

               Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Wuxi Suntech (TARIC additional code: B796), Jinko Solar (TARIC additional code: B845), Risen Energy (TARIC additional code: B868), JA Solar (TARIC additional code: B794) and Sumec (TARIC additional code: B866) as of the day of entry into force of this Regulation.

               (24)

               For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to:

               (a)

               Wuxi Suntech Power Co. Ltd, Suntech Power Co. Ltd, Wuxi Sunshine Power Co. Ltd, Luoyang Suntech Power Co. Ltd, Zhenjiang Rietech New Energy Science Technology Co. Ltd and Zhenjiang Ren De New Energy Science Technology Co. Ltd together with their related companies in the Union, jointly covered by the TARIC additional code: B796 (‘Wuxi Suntech’);

               (b)

               Jinko Solar Co. Ltd, Jinko Solar Import and Export Co. Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with their related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B845 (‘Jinko Solar’);

               (c)

               Risen Energy Co., Ltd, together with its related company in the Union, jointly covered by the TARIC additional code: B868 (‘Risen Energy’);

               (d)

               JingAo Solar Co. Ltd, Shanghai JA Solar Technology Co. Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co. Ltd and Shanghai JA Solar PV Technology Co. Ltd, together with their related company in the Union, jointly covered by TARIC additional code: B794 (‘JA Solar’); and

               (e)

               Sumec Hardware & Tools Co. Ltd and Phono Solar Technology Co. Ltd, together with their related companies in the Union, jointly covered by TARIC additional code: B866 (‘Sumec’);

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  OJ L 152, 5.6.2013, p. 5.

      (4)  OJ L 209, 3.8.2013, p. 26.

      (5)  OJ L 209, 3.8.2013, p. 1.

      (6)  OJ L 325, 5.12.2013, p. 1.

      (7)  OJ L 325, 5.12.2013, p. 66.

      (8)  OJ L 325, 5.12.2013, p. 214.

      (9)  OJ L 270, 11.9.2014, p. 6.

      (10)  OJ L 139, 5.6.2015, p. 30.

      (11)  OJ L 218, 19.8.2015, p. 1.

      (12)  OJ L 295, 12.11.2015, p. 23.

      (13)  OJ C 405, 5.12.2015, p. 8.

      (14)  OJ C 405, 5.12.2015, p. 20.

      (15)  OJ C 405, 5.12.2015, p. 33.

      (16)  OJ L 23, 29.1.2016, p. 47.

      (17)  OJ L 37, 12.2.2016, p. 76.

      (18)  OJ L 37, 12.2.2016, p. 56.

      (19)  OJ L 170, 29.6.2016, p. 5.

      (20)  OJ L 222, 17.8.2016, p. 10.

      (21)  OJ L 228, 23.8.2016, p. 16.

      ANNEX

         List of companies

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Alternative Energy (AE) Solar Co. Ltd

                  B799

                  Anhui Chaoqun Power Co. Ltd

                  B800

                  Anji DaSol Solar Energy Science & Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Anhui Titan PV Co. Ltd

                  B803

                  Xi'an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG'O SOLAR EQUIPMENT

                  B804

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Shangyou Lianyi Electronic Co. Ltd

                  B807

                  CHINALAND SOLAR ENERGY CO. LTD

                  B808

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
                  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

                  B812

                  CSG PVtech Co. Ltd

                  B814

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  EOPLLY New Energy Technology Co. Ltd
                  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
                  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

                  B817

                  Zhejiang Era Solar Technology Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Konca Solar Cell Co. Ltd
                  Suzhou GCL Photovoltaic Technology Co. Ltd
                  Jiangsu GCL Silicon Material Technology Development Co. Ltd
                  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
                  GCL-Poly (Suzhou) Energy Limited
                  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
                  GCL SOLAR POWER (SUZHOU) LIMITED
                  GCL Solar System (Shuzhou) Limited
                  GCL System Integration Technology Co. Ltd

                  B850

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun New Material Co. Ltd

                  B824

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD

                  B828

                  Himin Clean Energy Holdings Co. Ltd

                  B829

                  Jetion Solar (China) Co. Ltd
                  Junfeng Solar (Jiangsu) Co. Ltd
                  Jetion Solar (Jiangyin) Co. Ltd

                  B830

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd
                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Seraphim Solar System Co. Ltd

                  B836

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi Risun Solar Energy Co. Ltd

                  B841

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Hareon Power Co. Ltd
                  Hareon Solar Technology Co. Ltd
                  Taicang Hareon Solar Co. Ltd
                  Hefei Hareon Solar Technology Co. Ltd
                  Jiangyin Xinhui Solar Energy Co. Ltd
                  Altusvia Energy (Taicang) Co. Ltd

                  B842

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  King-PV Technology Co. Ltd

                  B848

                  Kinve Solar Power Co. Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Huashun Solar Energy Technology Co. Ltd

                  B856

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo South New Energy Technology Co. Ltd

                  B861

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science & Technology Co. Ltd

                  B863

                  Perfectenergy (Shanghai) Co. Ltd

                  B864

                  Perlight Solar Co. Ltd

                  B865

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai BYD Co. Ltd
                  BYD(Shangluo)Industrial Co. Ltd

                  B871

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  SHANGHAI SOLAR ENERGY S&T CO. LTD
                  Shanghai Shenzhou New Energy Development Co. Ltd
                  Lianyungang Shenzhou New Energy Co. Ltd

                  B875

                  Shanghai ST Solar Co. Ltd
                  Jiangsu ST Solar Co. Ltd

                  B876

                  Shenzhen Sacred Industry Co. Ltd

                  B878

                  Shenzhen Topray Solar Co. Ltd
                  Shanxi Topray Solar Co. Ltd
                  Leshan Topray Cell Co. Ltd

                  B880

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD
                  NINGBO SUN EARTH SOLAR POWER CO. LTD
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  TDG Holding Co. Ltd

                  B884

                  Tianwei New Energy Holdings Co. Ltd
                  Tianwei New Energy (Chengdu) PV Module Co. Ltd
                  Tianwei New Energy (Yangzhou) Co. Ltd

                  B885

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Shanghai Topsolar Green Energy Co. Ltd

                  B877

                  Shenzhen Sungold Solar Co. Ltd

                  B879

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Saijing Solar Co. Ltd

                  B890

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Taichang Electronic Co. Ltd
                  China Machinery Engineering Wuxi Co. Ltd
                  Wuxi Taichen Machinery & Equipment Co. Ltd

                  B893

                  Xi'an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation
                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Yingli Energy (China) Co. Ltd
                  Baoding Tianwei Yingli New Energy Resources Co. Ltd
                  Hainan Yingli New Energy Resources Co. Ltd
                  Hengshui Yingli New Energy Resources Co. Ltd
                  Tianjin Yingli New Energy Resources Co. Ltd
                  Lixian Yingli New Energy Resources Co. Ltd
                  Baoding Jiasheng Photovoltaic Technology Co. Ltd
                  Beijing Tianneng Yingli New Energy Resources Co. Ltd
                  Yingli Energy (Beijing) Co. Ltd

                  B797

                  Yuhuan BLD Solar Technology Co. Ltd
                  Zhejiang BLD Solar Technology Co. Ltd

                  B899

                  Yuhuan Sinosola Science & Technology Co. Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Heda Solar Technology Co. Ltd

                  B905

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Koly Energy Co. Ltd

                  B908

                  Zhejiang Mega Solar Energy Co. Ltd
                  Zhejiang Fortune Photovoltaic Co. Ltd

                  B910

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Shinew Photoelectronic Technology Co. Ltd

                  B912

                  Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

                  B914

                  Zhejiang Sunrupu New Energy Co. Ltd

                  B915

                  Zhejiang Tianming Solar Technology Co. Ltd

                  B916

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Wanxiang Solar Co. Ltd
                  WANXIANG IMPORT & EXPORT CO LTD

                  B918

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920

                  Zhongli Talesun Solar Co. Ltd

                  B922


title: Commission Implementing Regulation (EU) No 1239/2011 of 30 November 2011 opening a standing invitation to tender for the 2011/2012 marketing year for imports of sugar of CN code 1701 at a reduced customs duty

text:
               1.12.2011

               EN

               Official Journal of the European Union

               L 318/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 1239/2011
   of 30 November 2011
   opening a standing invitation to tender for the 2011/2012 marketing year for imports of sugar of CN code 1701 at a reduced customs duty
   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 Article 187, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               The world market prices for sugar have been at a level close to or even above the Union internal market price for several months. Forecasts of world market prices based on the sugar futures exchange markets of New York and London for the terms of March, May and July 2012 further indicate a constant high world market price. Imports from third countries benefiting from certain preferential agreements are therefore expected to increase only moderately during the 2011/2012 marketing year.

               (2)

               The forecasted Union sugar balance for the 2011/2012 marketing year indicates a negative difference between availability and utilisation. The resulting low level of ending stocks threatens to disrupt the availability of supply of the Union sugar market.

               (3)

               For that reason and with the view to increasing the supply, it is necessary to make imports easier through the reduction of the import duty for certain quantities of sugar, in a way similar to that provided for in Commission Implementing Regulation (EU) No 634/2011 of 29 June 2011 opening a standing invitation to tender for the 2010/2011 marketing year for imports of sugar of CN code 1701 at a reduced customs duty (2). The quantity and the reduction of the duty should be assessed in the light of the current state and foreseeable development of the Union and world sugar market. The quantity and reduction should therefore be based on a tendering system.

               (4)

               The minimum eligibility requirements to tender should be specified.

               (5)

               A security should be lodged for each tender. That security should become the security for the import licence application in the case of a successful tender and be released when a tender is unsuccessful.

               (6)

               The competent authorities of the Member States should notify the Commission of the admissible tenders. In order to simplify and standardise those notifications, models should be made available.

               (7)

               For each partial invitation to tender, provision should be made for the Commission to fix a minimum customs duty and, if appropriate, an allocation coefficient in order to reduce the quantities accepted, or to decide not to fix a minimum customs duty.

               (8)

               Member States should inform the tenderers of the result of their participation in the partial invitation to tender within a short period.

               (9)

               It should be made clear that during the first 3 months of the marketing year import licences for raw sugar for refining are to be issued only to full time refiners.

               (10)

               The competent authorities should notify the Commission of the quantities for which import licenses have been issued. For this purpose, models should be made available by the Commission.

               (11)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   A tendering procedure is opened for the 2011/2012 marketing year for imports of sugar of CN code 1701 at a reduced customs duty, bearing reference number 09.4313.
   That customs duty shall replace the common customs tariff duty and the additional duties referred to in Article 141 of Regulation (EC) No 1234/2007 and Article 36 of Commission Regulation (EC) No 951/2006 (3).
   Commission Regulation (EC) No 376/2008 (4) shall apply save as otherwise provided for in this Regulation.
   Article 2
   1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall end on 7 December 2011 at 12 noon, Brussels time.
   2.   The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 12 noon, Brussels time, on 14 December 2011, 21 December 2011, 11 January 2012, 25 January 2012, 1 February 2012, 15 February 2012, 6 June 2012, 27 June 2012 and 11 July 2012.
   3.   The Commission may suspend the submission of tenders for one or several partial invitations to tender.
   Article 3
   1.   Tenders shall be lodged by operators established in the Union. They shall be lodged to the competent authority in the Member State in which an operator is registered for VAT purposes.
   2.   Tenders shall be lodged by means of the application form for an import licence that is provided in Annex I to Regulation (EC) No 376/2008.
   3.   The application form may be lodged by electronic means, using the method made available to the operators by the Member State concerned. The competent authorities of the Member States may require that electronic tenders be accompanied by an advance electronic signature within the meaning of Directive 1999/93/EC of the European Parliament and of the Council (5).
   4.   Tenders shall be admissible only if the following conditions are met:

               (a)

               tenders shall indicate:

                           (i)

                           in box 4, the name, address and VAT number of the tenderer;

                           (ii)

                           in boxes 17 and 18, the quantity of sugar tendered, which shall be at least 20 tonnes and shall not exceed 45 000 tonnes, rounded with no decimal places;

                           (iii)

                           in box 20, the proposed amount of the customs duty, in euro per tonne of sugar, rounded to no more than two decimal places;

                           (iv)

                           in box 16, the eight digit CN code of the sugar;

               (b)

               proof is furnished, before the expiry of the time limit for the submission of tenders, that the tenderer has lodged the security referred to in Article 4(1);

               (c)

               the tender is presented in the official language, or one of the official languages of the Member State in which the tender is lodged;

               (d)

               the tender indicates a reference to this Regulation and the expiry date for the submission of the tenders;

               (e)

               the tender does not include any additional conditions introduced by the tenderer other than those laid down in this Regulation.

         5.   A tender which is not submitted in accordance with paragraphs 1 and 2 shall not be admissible.
   6.   Applicants shall not submit more than one tender per eight digit CN code for the same partial invitation to tender.
   7.   A tender may not be withdrawn or amended after its submission.
   Article 4
   1.   In accordance with the provisions of Title III of Commission Regulation (EEC) No 2220/85 (6) each tenderer shall lodge a security of EUR 150 per tonne of sugar to be imported under this Regulation.
   2.   Where a tender is successful, that security shall become the security for the import licence.
   3.   The security referred to in paragraph 1 shall be released in case of unsuccessful tenderers.
   Article 5
   1.   The competent authorities of the Member States shall decide on the validity of tenders on the basis of the conditions set out in Article 3.
   2.   Persons authorised to receive and examine the tenders shall be under an obligation not to disclose any particulars relating thereto to any unauthorised person.
   3.   Where the competent authorities of the Member States decide that a tender is invalid they shall inform the tenderer.
   4.   The competent authority concerned shall notify the Commission, by fax, of the admissible tenders submitted within 2 hours after the expiry of the time limit for the submissions laid down in Article 2(1) and (2). That notification shall not contain the data referred to in Article 3(4)(a)(i).
   5.   The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States. When no tenders are submitted, the competent authority shall notify the Commission thereof by fax within the same time limit.
   Article 6
   In the light of the current state and foreseeable development of the Union and world sugar markets, the Commission shall, for each partial invitation to tender and for each eight digit CN code, either fix a minimum customs duty or decide not to fix a minimum customs duty by adopting an Implementing Regulation in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
   With that Implementing Regulation, the Commission shall also fix, where necessary, an allocation coefficient applicable to the tenders which have been introduced at the level of the minimum customs duty. In this case, the security referred to in Article 4 shall be released in proportion to the quantities allocated.
   Article 7
   1.   Where no minimum customs duty has been fixed all tenders shall be rejected.
   2.   The competent authority concerned shall notify applicants within 3 working days after the day of publication of the Implementing Regulation referred in Article 6 of the result of their participation in the partial invitation to tender.
   Article 8
   1.   No later than the last working day of the week following the week during which the Implementing Regulation referred in Article 6 was published, the competent authority shall issue an import licence to any tenderer whose tender quotes a customs duty for the eight digit CN code equal to or exceeding the minimum customs duty fixed for that eight digit CN code by the Commission. The quantities awarded shall take account of the allocation coefficient fixed by the Commission in accordance with Article 6.
   The competent authorities of the Member States shall not issue licences for tenders that have not been notified as provided for in Article 5, paragraph 4.
   2.   Import licences shall contain the following entries:

               (a)

               in box 16, the eight digit CN code of the sugar;

               (b)

               in boxes 17 and 18, the quantity of sugar awarded;

               (c)

               in box 20 at least one of the entries listed in Part A of the Annex;

               (d)

               in box 24 the customs duty applicable using one of the entries listed in Part B of the Annex.

         3.   By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, the rights deriving from the import licence shall not be transferable.
   4.   The first sentence of the first subparagraph and second subparagraph of Article 153(3) of Regulation (EC) No 1234/2007 shall apply.
   Article 9
   Import licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the third month following the month in which the Implementing Regulation on partial invitation referred in Article 6 is published.
   Article 10
   No later than the last working day of the second week following the week during which the Implementing Regulation referred in Article 6 is published the competent authorities shall notify the Commission of the quantities for which import licences have been issued under this Regulation. The notification shall be transmitted electronically in accordance with models and methods made available to the Member States by the Commission.
   Article 11
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall expire on 30 September 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 170, 30.6.2011, p. 21.

      (3)  OJ L 178, 1.7.2006, p. 24.

      (4)  OJ L 114, 26.4.2008, p. 3.

      (5)  OJ L 13, 19.1.2000, p. 12.

      (6)  OJ L 205, 3.8.1985, p. 5.

      ANNEX
      A.   Entries referred to in Article 8(2)(c)

                  in Bulgarian

                  :

                  Внесена при намалена ставка на митото съгласно Регламент (ЕС) № 1239/2011; референтен номер 09.4313

                  in Spanish

                  :

                  Importado con derecho de aduana reducido en virtud del Reglamento de Ejecución (UE) no 1239/2011; Número de referencia 09.4313

                  in Czech

                  :

                  Dovezeno se sníženou celní sazbou v souladu s prováděcím nařízením (EU) č. 1239/2011; Referenční číslo 09.4313

                  in Danish

                  :

                  Importeret til en nedsat toldsats i henhold til forordning (EU) nr. 1239/2011; Referencenummer 09.4313

                  in German

                  :

                  Eingeführt zum ermäßigten Zollsatz gemäß der Durchführungsverordnung (EU) Nr. 1239/2011; Referenznummer 09.4313

                  in Estonian

                  :

                  Imporditud vähendatud tollimaksuga vastavalt määrusele (EL) nr 1239/2011; viitenumber 09.4313

                  in Greek

                  :

                  Εισαγωγή με μειωμένο δασμό δυνάμει του εκτελεστικού κανονισμού (ΕΕ) αριθ. 1239/2011· αριθμός αναφοράς 09.4313

                  in English

                  :

                  Imported at reduced customs duty pursuant to Implementing Regulation (EU) No 1239/2011; reference number 09.4313

                  in French

                  :

                  Importés à des taux de droits réduits conformément au règlement d'exécution (UE) no 1239/2011; numéro de référence 09.4313

                  in Italian

                  :

                  Importato applicando un’aliquota ridotta del dazio doganale, a norma del regolamento di esecuzione (UE) n. 1239/2011; Numero di riferimento 09.4313

                  in Latvian

                  :

                  Importēts ar samazinātu muitas nodokli saskaņā ar Īstenošanas regulu (ES) Nr. 1239/2011; atsauces numurs 09.4313

                  in Lithuanian

                  :

                  Importuota taikant sumažintą muitą pagal Įgyvendinimo reglamentą (ES) Nr. 1239/2011; Nuorodos numeris 09.4313

                  in Hungarian

                  :

                  Behozatal csökkentett vámtétel mellett az 1239/2011/EU rendelet alapján; hivatkozási szám 09.4313

                  in Maltese

                  :

                  Impurtat b’dazju doganali mnaqqas skont ir-Regolament ta’ Implimentazzjoni (UE) Nru 1239/2011; Numru ta’ referenza 09.4313

                  in Dutch

                  :

                  Ingevoerd tegen verlaagd douanerecht overeenkomstig Uitvoeringsverordening (EU) nr. 1239/2011; referentienummer 09.4313

                  in Polish

                  :

                  Przywóz z zastosowaniem obniżonych stawek celnych zgodnie z rozporządzeniem wykonawczym (UE) nr 1239/2011; numer referencyjny 09.4313

                  in Portuguese

                  :

                  Importado a taxa reduzida de direito aduaneiro ao abrigo do Regulamento (UE) n.o 1239/2011; Número de referência 09.4313

                  in Romanian

                  :

                  Importat cu taxă vamală redusă conform Regulamentului de punere în aplicare (UE) nr. 1239/2011; Număr de referință 09.4313

                  in Slovak

                  :

                  Dovoz so zníženým clom podľa nariadenia (EÚ) č. 1239/2011; referenčné číslo 09.4313

                  in Slovenian

                  :

                  Uvoz po znižani carini v skladu z Izvedbeno uredbo (EU) št. 1239/2011; referenčna številka 09.4313

                  in Finnish

                  :

                  Tuonti alennetuin tullein asetuksen (EU) N:o 1239/2011 mukaisesti; Viitenumero 09.4313

                  in Swedish

                  :

                  Importerad till nedsatt tullsats enligt genomförandeförordning (EU) nr 1239/2011; Referensnummer 09.4313

            B.   Entries referred to in Article 8(2)(d)

                  in Bulgarian

                  :

                  Мито (мито върху приетата оферта)

                  in Spanish

                  :

                  Derecho de aduana (derecho de aduana de la oferta seleccionada)

                  in Czech

                  :

                  Clo: (clo platné pro vybranou nabídku)

                  in Danish

                  :

                  Toldsats: (toldsats for det antagne bud)

                  in German

                  :

                  Zollsatz: (Zollsatz für das erfolgreiche Angebot)

                  in Estonian

                  :

                  Tollimaks: (hankelepingu suhtes kohaldatav tollimaks)

                  in Greek

                  :

                  Δασμός: (δασμός της κατακυρωθείσας προσφοράς)

                  in English

                  :

                  Customs duty: (customs duty of the awarded tender)

                  in French

                  :

                  Droit de douane: (droit de douane du marché attribué)

                  in Italian

                  :

                  Dazio doganale: (dazio doganale dell’aggiudicazione)

                  in Latvian

                  :

                  Muitas nodoklis: (konkursā uzvarējušā piedāvājuma muitas nodoklis)

                  in Lithuanian

                  :

                  Muitas (konkursą laimėjusiam pasiūlymui taikomas muitas)

                  in Hungarian

                  :

                  Vámtétel: (a nyertes ajánlat szerinti vámtétel)

                  in Maltese

                  :

                  Dazju doganali: (dazju doganali tal-offerta magħżula)

                  in Dutch

                  :

                  Douanerecht: (douanerecht voor de gegunde inschrijving)

                  in Polish

                  :

                  Cło: (cło zatwierdzonej oferty)

                  in Portuguese

                  :

                  Direito aduaneiro: (direito aduaneiro aplicável à proposta adjudicada)

                  in Romanian

                  :

                  Taxă vamală: (taxa vamală aplicabilă ofertei selecționate)

                  in Slovak

                  :

                  Clo: (clo vybranej ponuky)

                  in Slovenian

                  :

                  Carina: (carina dodeljene ponudbe)

                  in Finnish

                  :

                  Tulli: (voittaneeseen tarjoukseen sovellettava tulli)

                  in Swedish

                  :

                  Tullsats: (tullsats för det antagna anbudet)


title: Commission Implementing Regulation (EU) 2016/862 of 31 May 2016 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health (Text with EEA relevance)

text:
               1.6.2016

               EN

               Official Journal of the European Union

               L 144/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/862
   of 31 May 2016
   refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health
   (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 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (1), and in particular Article 18(4) thereof,
   Whereas:

               (1)

               Pursuant to Regulation (EC) No 1924/2006 health claims made on food are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.

               (2)

               Regulation (EC) No 1924/2006 also provides that applications for authorisations of health claims may be submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to the European Food Safety Authority (EFSA), hereinafter referred to as ‘the Authority’, for a scientific assessment, as well as to the Commission and the Member States for information.

               (3)

               The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. In some cases, the scientific risk assessment alone cannot provide all the information on which a risk management decision should be based and therefore other legitimate factors relevant to the matter under consideration should also be taken into account.

               (4)

               Following an application from Oy Karl Fazer AB, submitted pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to high-fibre sourdough rye bread and a reduction of post-prandial glycaemic responses (Question No EFSA-Q-2014-00012 (2)). The claim proposed by the applicant was worded as follows: ‘Consumption of high-fibre sourdough rye bread contributes to a reduction of glycaemic response accompanied with a decreased insulin response after a meal’. Upon request of the Authority, the applicant specified that as regards the claimed effect high-fibre sourdough rye bread should be compared with glucose.

               (5)

               On 8 October 2014, the Commission and the Member States received the scientific opinion from the Authority, which concluded on the basis of the data presented that a cause and effect relationship had been established between the consumption of almost any food and a reduction of post-prandial blood glucose responses as compared with glucose.

               (6)

               Pursuant to Articles 6(1) and 13(1) of Regulation (EC) No 1924/2006 health claims need to be based on generally accepted scientific evidence. Authorisation may be legitimately withheld if health claims do not comply with other general and specific requirements of Regulation (EC) No 1924/2006, even in the case of a favourable scientific assessment by the Authority. The Authority noted in its scientific opinion that, when comparable amounts of available carbohydrates from different carbohydrate-containing foods are tested, almost any carbohydrate-containing food would induce a reduction of post-prandial blood glucose responses compared with the blood glucose responses elicited by the consumption of glucose. In addition, it noted that foods containing low amounts of carbohydrates or no available carbohydrates would also induce lower post-prandial blood glucose responses when compared with glucose.

               (7)

               Regulation (EC) No 1924/2006 defines ‘claim’ as any message or representation which states, suggests or implies that a food has particular characteristics. A claim on high-fibre sourdough rye bread and post-prandial glycaemic responses would suggest that high-fibre sourdough rye bread has particular characteristics in relation to the reduction of post-prandial glycaemic responses when compared with glucose, while in fact almost all foods have that effect. Point (a) of the second paragraph of Article 3 of Regulation (EC) No 1924/2006 provides that the use of health claims shall not be misleading. A claim suggesting that a particular food possesses certain beneficial properties when in fact almost all foods possess such properties would be misleading.

               (8)

               In the light of the above, the claim on the consumption of high-fibre sourdough rye bread and the reduction of post-prandial glycaemic responses does not comply with the requirements of Regulation (EC) No 1924/2006 and should therefore not be included in the list of permitted health claims.

               (9)

               The comments from the applicant received by the Commission pursuant to Article 16(6) of Regulation (EC) No 1924/2006 have been considered when setting the measures provided for in this Regulation.

               (10)

               The Member States have been consulted,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The health claim set out in the Annex to this Regulation shall not be included in the Union list of permitted claims as provided for in Article 13(3) of Regulation (EC) No 1924/2006.
   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, 31 May 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 404, 30.12.2006, p. 9.

      (2)  EFSA Journal 2014;12(10):3837.

      ANNEX

         Rejected health claim

                  Application — Relevant provisions of Regulation (EC) No 1924/2006

                  Nutrient, substance, food or food category

                  Claim

                  EFSA opinion reference

                  Article 13(5) health claim based on newly developed scientific evidence and/or including a request for the protection of proprietary data

                  High-fibre sourdough rye bread

                  Reduction of post-prandial glycaemic responses compared with glucose

                  Q-2014-00012


title: Commission Implementing Regulation (EU) No 482/2011 of 18 May 2011 suspending submission of applications for import licences for sugar products under certain tariff quotas

text:
               19.5.2011

               EN

               Official Journal of the European Union

               L 132/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 482/2011
   of 18 May 2011
   suspending submission of applications for import licences for sugar products under certain tariff quotas
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009opening and providing for the administration of certain Community tariff quotas in the sugar sector (2), and in particular Article 5(2) thereof,
   Whereas:

               (1)

               Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 May 2011 in accordance with Regulation (EC) No 891/2009, are equal to the quantity available under order number 09.4319.

               (2)

               Submission of further applications for licences for order number 09.4319 should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Submission of further applications for licences, which correspond to the order numbers indicated in the Annex, shall be suspended until the end of the marketing year 2010/11.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 254, 26.9.2009, p. 82.

      ANNEX

         CXL Concessions Sugar

         2010/2011 marketing year

         Applications lodged from 1.5.2011 to 7.5.2011

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4317

                  Australia

                  —

                  Suspended

                  09.4318

                  Brazil

                  —

                  Suspended

                  09.4319

                  Cuba

                      (1)

                  Suspended

                  09.4320

                  Any third countries

                  —

                  Suspended

                  09.4321

                  India

                  —

                  Suspended

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         Balkans Sugar

         2010/2011 marketing year

         Applications lodged from 1.5.2011 to 7.5.2011

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4324

                  Albania

                  —

                  09.4325

                  Bosnia and Herzegovina

                  —

                  09.4326

                  Serbia

                      (2)

                  09.4327

                  Former Yugoslav Republic of Macedonia

                  —

                  09.4328

                  Croatia

                      (2)

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         Exceptional import sugar and industrial import sugar

         2010/2011 marketing year

         Applications lodged from 1.5.2011 to 7.5.2011

                  Order No

                  Type

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4380

                  Exceptional

                  —

                  Suspended

                  09.4390

                  Industrial

                      (3)

                              ‘—’

                              :

                              Not applicable: no licence application has been sent to the Commission.

         (1)  Not applicable: the applications do not exceed the quantities available and are fully granted.

         (2)  Not applicable: the applications do not exceed the quantities available and are fully granted.

         (3)  Not applicable: the applications do not exceed the quantities available and are fully granted.


title: Commission Implementing Regulation (EU) No 221/2012 of 14 March 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance closantel  Text with EEA relevance

text:
               15.3.2012

               EN

               Official Journal of the European Union

               L 75/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 221/2012
   of 14 March 2012
   amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance closantel
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               The maximum residue limit (MRL) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry should be established in accordance with Regulation (EC) No 470/2009.

               (2)

               Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (2).

               (3)

               Closantel is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for bovine and ovine species, applicable to muscle, fat, liver and kidney, excluding animals producing milk for human consumption.

               (4)

               Ireland has submitted to the European Medicines Agency a request for an opinion for the extrapolation of the existing entry for closantel applicable to bovine and ovine milk.

               (5)

               The Committee for Medicinal Products for Veterinary Use has recommended the establishment of provisional MRL for closantel for bovine and ovine milk and the removal of the provision ‘Not for use in animals from which milk is produced for human consumption’.

               (6)

               The entry for closantel in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include the recommended provisional MRL for bovine and ovine milk and to remove the existing provision ‘Not for use in animals from which milk is produced for human consumption’. The provisional MRL set out in that Table for closantel should expire on 1 January 2014. The CVMP recommended a two-year period to allow for the completion of scientific studies required to respond to the list of questions addressed by the CVMP to Ireland.

               (7)

               It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall apply from 14 May 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 March 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  OJ L 15, 20.1.2010, p. 1.

      ANNEX
      The entry corresponding to closantel in Table 1 of the Annex to Regulation (EU) No 37/2010 is replaced by the following:

                     Pharmacologically active substance

                     Marker residue

                     Animal species

                     MRL

                     Target tissues

                     Other provisions
                     (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic classification

                     ‘Closantel

                     Closantel

                     Bovine

                     1 000 μg/kg

                     Muscle

                     Antiparasitic agents/Agents against endoparasites’

                     3 000 μg/kg

                     Fat

                     1 000 μg/kg

                     Liver

                     3 000 μg/kg

                     Kidney

                     Ovine

                     1 500 μg/kg

                     Muscle

                     2 000 μg/kg

                     Fat

                     1 500 μg/kg

                     Liver

                     5 000 μg/kg

                     Kidney

                     Bovine, Ovine

                     45 μg/kg

                     Milk

                     Provisional MRL shall expire on 1 January 2014


title: Commission Implementing Regulation (EU) No 1209/2011 of 22 November 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.11.2011

               EN

               Official Journal of the European Union

               L 305/57

         COMMISSION IMPLEMENTING REGULATION (EU) No 1209/2011
   of 22 November 2011
   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:
   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,
   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 hereto.
   Article 2
   This Regulation shall enter into force on 23 November 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 November 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  51,9

                  MA

                  44,2

                  MK

                  57,4

                  TR

                  87,5

                  ZZ

                  60,3

                  0707 00 05

                  AL

                  64,0

                  EG

                  188,1

                  TR

                  93,5

                  ZZ

                  115,2

                  0709 90 70

                  MA

                  42,4

                  TR

                  132,9

                  ZZ

                  87,7

                  0805 20 10

                  MA

                  73,5

                  ZA

                  65,5

                  ZZ

                  69,5

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

                  HR

                  41,7

                  IL

                  72,8

                  JM

                  134,1

                  MA

                  53,5

                  TR

                  80,2

                  UY

                  42,7

                  ZA

                  62,9

                  ZZ

                  69,7

                  0805 50 10

                  TR

                  57,4

                  ZZ

                  57,4

                  0808 10 80

                  CA

                  110,8

                  CL

                  90,0

                  CN

                  67,2

                  MK

                  41,0

                  NZ

                  64,9

                  US

                  71,3

                  ZA

                  108,1

                  ZZ

                  79,0

                  0808 20 50

                  AR

                  43,9

                  CN

                  60,4

                  ZA

                  73,2

                  ZZ

                  59,2

         (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 41/2013 of 17 January 2013 amending Regulation (EEC) No 441/91 concerning the classification of certain goods in the codes 17041019 , 17041099 and 95021010 of the Combined Nomenclature and repealing Regulation (EEC) No 1287/83

text:
               22.1.2013

               EN

               Official Journal of the European Union

               L 18/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 41/2013
   of 17 January 2013
   amending Regulation (EEC) No 441/91 concerning the classification of certain goods in the codes 1704 10 19, 1704 10 99 and 9502 10 10 of the Combined Nomenclature and repealing Regulation (EEC) No 1287/83
   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)

               In accordance with Commission Regulation (EEC) No 441/91 of 25 February 1991 concerning the classification of certain goods in codes 1704 10 19, 1704 10 99 and 9502 10 10 of the Combined Nomenclature and repealing Regulation (EEC) No 1287/83 (2) plastic dolls with transparent plastic chests filled with small sweets have been classified under CN codes 1704 10 19 and 1704 10 99 as regards the sweets and under CN code 9502 10 10 as regards the dolls. As a consequence of the introduction of Note 4 to Chapter 95 of the Combined Nomenclature with effect from 1 January 2007, those items should be classified together as combinations having the essential character of a toy under CN code 9503 00 21.

               (3)

               Regulation (EEC) No 441/91 should therefore be amended accordingly.

               (4)

               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 table set out in the Annex to Regulation (EEC) No 441/91 is replaced by the table set out in the Annex to this Regulation.
   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, 17 January 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 52, 27.2.1991, p. 9.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A plastic doll with movable limbs, 140 mm tall, with a transparent plastic chest filled with approximately 10 g of small sweets, containing sucrose, which can be removed through an aperture under the belt-buckle of the doll.

                  9503 00 21

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4 to Chapter 95 and by the wording of CN codes 9503 00 and 9503 00 21.
                  The items cannot be considered as ‘goods put up in sets for retail sale’ under the terms of General Rule 3(b), because they are not put up together to meet a particular need or carry out a specific activity. They are not related to one another and are not intended to be used together or in conjunction with one another (the sweets are consumable products, while the doll is to be played with).
                  The doll is an article of heading 9503 combined with sweets of heading 1704, and the combination has the essential character of a toy (see also the CN Explanatory Notes to Note 4 to Chapter 95).
                  It is therefore to be classified under CN code 9503 00 21 as dolls.


title: Commission Implementing Regulation (EU) No 479/2011 of 17 May 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

text:
               18.5.2011

               EN

               Official Journal of the European Union

               L 131/20

         COMMISSION IMPLEMENTING REGULATION (EU) No 479/2011
   of 17 May 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 473/2011 (4).

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 18 May 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 May 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 259, 1.10.2010, p. 3.

      (4)  OJ L 129, 17.5.2011, p. 12.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 18 May 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  43,06

                  0,00

                  1701 11 90 (1)

                  43,06

                  1,99

                  1701 12 10 (1)

                  43,06

                  0,00

                  1701 12 90 (1)

                  43,06

                  1,69

                  1701 91 00 (2)

                  42,59

                  4,69

                  1701 99 10 (2)

                  42,59

                  1,56

                  1701 99 90 (2)

                  42,59

                  1,56

                  1702 90 95 (3)

                  0,43

                  0,26

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

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

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) No 466/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications (Panforte di Siena (PGI))

text:
               22.5.2013

               EN

               Official Journal of the European Union

               L 135/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 466/2013
   of 7 May 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Panforte di Siena (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

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

               (2)

               Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Panforte di Siena’ was published in the Official Journal of the European Union
                   (3).

               (3)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   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, 7 May 2013.

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

            Member of the Commission

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ C 231, 2.8.2012, p. 6.

      ANNEX
      Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

         Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

      ITALY
      Panforte di Siena (PGI)


title: Commission Implementing Regulation (EU) No 706/2013 of 23 July 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               25.7.2013

               EN

               Official Journal of the European Union

               L 200/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 706/2013
   of 23 July 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, 23 July 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)

                  A control unit consisting of a printed circuit assembly containing integrated circuits (for example, a controller obtained by semiconductor technology), passive elements (for example, resistors, capacitors and inductors), active elements (for example, diodes and transistors) and a heat sink for a voltage not exceeding 1 000 V, in a housing with dimensions of approximately 24 × 13 × 5 cm.
                  After the installation of the appropriate software, the control unit is incorporated in a washing machine whose functions it is intended to control (for example, starting and stopping the motor and the water heating system, opening and closing the water valves).

                  8537 10 91

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Section XVI and by the wording of CN codes 8537, 8537 10 and 8537 10 91.
                  Classification under heading 8450 as a part of a washing machine is excluded as the unit is a product included in a heading of Chapter 85.
                  As the unit consists of a printed circuit assembly it does not fulfil the conditions for electronic integrated circuits laid down in Note 8(b) to Chapter 85. Classification under heading 8542 is therefore also excluded.
                  Since the unit is programmable and used for the electric control of the functions of a washing machine, it is therefore to be classified under CN code 8537 10 91 as programmable memory controllers for a voltage not exceeding 1 000 V.