title: Commission Implementing Regulation (EU) 2019/1290 of 31 July 2019 amending Implementing Regulation (EU) 2018/338 as regards the minimum content of a preparation of 6-phytase, produced by Aspergillus niger (DSM 25770) as a feed additive for chickens for fattening or reared for laying (holder of authorisation BASF SE) (Text with EEA relevance.)

text:
                  1.8.2019

                  EN

                  Official Journal of the European Union

                  L 203/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1290
         of 31 July 2019
         amending Implementing Regulation (EU) 2018/338 as regards the minimum content of a preparation of 6-phytase, produced by Aspergillus niger (DSM 25770) as a feed additive for chickens for fattening or reared for laying (holder of authorisation BASF SE)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     The use of the preparation of 6-phytase, produced by Aspergillus niger (DSM 25770), was authorised for 10 years for chickens for fattening or reared for laying by Commission Implementing Regulation (EU) 2018/338 (2).

                     (3)

                     The holder of the authorisation has since proposed changing the terms of the authorisation of that preparation by reducing its minimum content from 750 FTU/kg to 125 FTU/kg of feed. The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (‘the Authority’).

                     (4)

                     The Authority concluded in its opinion of 23 January 2019 (3) that, under the new proposed conditions of use, the preparation of 6-phytase, produced by Aspergillus niger (DSM 25770), has the potential to be efficacious at the requested minimum dose of 125 FTU/kg of feed on chickens for fattening and that this conclusion can be extended to chickens reared for laying/breeding. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of the preparation of 6-phytase, produced by Aspergillus niger (DSM 25770), shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (6)

                     Implementing Regulation (EU) 2018/338 should therefore be amended accordingly.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            In the Annex to Implementing Regulation (EU) 2018/338, in the column ‘Minimum content’ corresponding to chickens for fattening and chickens reared for laying, ‘750 FTU’ is replaced by ‘125 FTU’.

            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 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Implementing Regulation (EU) 2018/338 of 7 March 2018 concerning the authorisation of a preparation of 6-phytase, produced by Aspergillus niger (DSM 25770) as feed additive for chickens for fattening, chickens reared for laying, pigs for fattening, sows, minor porcine species for fattening or for reproduction, turkeys for fattening, turkeys reared for breeding, all other avian species (excluding laying birds) and weaned piglets (holder of the authorisation BASF SE) (OJ L 65, 8.3.2018, p. 17).

            (3)  EFSA Journal 2019; 17(2):5607.


title: Commission Implementing Regulation (EU) 2017/2009 of 7 November 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Quartirolo Lombardo’ (PDO))

text:
               10.11.2017

               EN

               Official Journal of the European Union

               L 292/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2009
   of 7 November 2017
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Quartirolo Lombardo’ (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Quartirolo Lombardo’, registered under Commission Regulation (EC) No 1107/96 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 November 2017.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

      (3)  OJ C 205, 29.6.2017, p. 62.


title: Commission Implementing Regulation (EU) 2017/2058 of 10 November 2017 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (Text with EEA relevance. )

text:
                  11.11.2017

                  EN

                  Official Journal of the European Union

                  L 294/29

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2058
      of 10 November 2017
      amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station
      (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
      Whereas:

                  (1)

                  Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

                  (2)

                  Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission Implementing Regulation (EU) No 297/2011 (2) was adopted. That Regulation was replaced by Commission Implementing Regulation (EU) No 961/2011 (3) which was later replaced by Commission Implementing Regulation (EU) No 284/2012 (4). The latter was replaced by Commission Implementing Regulation (EU) No 996/2012 (5) which was later replaced by Commission Implementing Regulation (EU) No 322/2014 (6) and which was in turn replaced by Commission Implementing Regulation (EU) 2016/6 (7).

                  (3)

                  Since Implementing Regulation (EU) 2016/6 provides that the measures provided therein are to be reviewed by 30 June 2016 and in order to take into account the further development of the situation and occurrence data for 2015 and 2016 on radioactivity in feed and food, it is appropriate to amend Implementing Regulation (EU) 2016/6.

                  (4)

                  Council Regulation (Euratom) 2016/52 (8) repeals Council Regulation (Euratom) No 3954/87 (9) and Commission Regulation (Euratom) No 770/90 (10) and therefore it is appropriate to amend the references to these Regulations accordingly.

                  (5)

                  The existing measures have been reviewed taking into account more than 132 000 occurrence data on radioactivity in feed and food other than beef and more than 527 000 occurrence data on radioactivity in beef, provided by the Japanese authorities concerning the fifth and sixth growing season (January 2015 until December 2016) after the accident.

                  (6)

                  The data submitted by the Japanese authorities provide evidence that no exceedance of the maximum levels of radioactivity were observed in feed and food originating from Akita during the fifth and sixth growing season after the accident and it is no longer necessary to require the sampling and analysis of feed and food originating in the prefectures of Akita regarding the presence of radioactivity before export to the Union.

                  (7)

                  For feed and food products originating in the prefecture of Fukushima, taking into account the occurrence data provided by the Japanese authorities for 2014, 2015 and 2016, it is appropriate to lift the requirement of sampling and analysis before export to the Union for rice and products derived thereof. For the other feed and food originating in that prefecture, it is appropriate to maintain the requirement of sampling and analysis before export to the Union.

                  (8)

                  As regards the prefectures of Gunma, Ibaraki, Tochigi, Iwate and Chiba, it is currently required to sample and analyse mushrooms, fish and fishery products and certain edible wild plants and the processed and derived products thereof, before export to the Union. The occurrence data for the fifth and sixth growing season provide evidence that for some of those feed and food commodities originating from certain prefectures, it is appropriate to no longer require sampling and analysis before export to the Union.

                  (9)

                  As regards the prefectures of Akita, Yamagata and Nagano, it is currently required to sample and analyse mushrooms and certain edible wild plants and the processed and derived products thereof before export to the Union. The occurrence data for the fifth and sixth growing season provide evidence that it is no longer necessary to require the sampling and analysis of feed and food originating in the prefecture of Akita and it is appropriate to no longer require sampling and analysis before export to the Union for some of the edible wild plants from the prefectures of Yamagata and Nagano.

                  (10)

                  The occurrence data from the fifth and sixth growing season provide evidence that it is appropriate to maintain the requirement for sampling and analysis before export to the Union for mushrooms originating from the prefectures of Shizuoka, Yamanashi and Niigata.

                  (11)

                  Taking into account the occurrence data from the fifth and sixth growing season, it is appropriate to structure the provisions of Implementing Regulation (EU) 2016/6 in a manner that prefectures of which the same feed and food has to be sampled and analysed before export to the Union are grouped together.

                  (12)

                  The controls performed at import show that the special conditions provided for by Union law are correctly implemented by the Japanese authorities and non-compliance has not been found at import controls for more than five years. Therefore, it is appropriate to keep the low frequency of controls at import.

                  (13)

                  It is appropriate to provide for a review of the provisions of Implementing Regulation (EU) 2016/6 when the results of sampling and analysis on the presence of radioactivity of feed and food of the seventh and eight growing season (2017 and 2018) after the accident are available, i.e. by 30 June 2019.

                  (14)

                  Implementing Regulation (EU) 2016/6 should therefore be amended accordingly.

                  (15)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Implementing Regulation (EU) 2016/6 is amended as follows:

                  (1)

                  in Article 1, the introductory sentence is replaced by the following:
                  ‘This Regulation shall apply to feed and food, including minor food, within the meaning of Article 1 of Council Regulation (Euratom) 2016/52 (*1) (‘the products’) originating in or consigned from Japan, with the exclusion of:

                     (*1)  OJ L 13, 20.1.2016, p. 2’;"

                  (2)

                  Article 5 is amended as follows:

                              (a)

                              paragraph (1) is replaced by the following:
                              ‘1.   Each consignment of feed and food referred to and falling under the CN codes mentioned in Annex II and the compound feed and food containing more than 50 % of these feed and food, originating in or consigned from Japan, shall be accompanied by a valid original declaration drawn up and signed in accordance with Article 6’;

                              (b)

                              paragraph (3) (c) is replaced by the following:

                                          ‘(c)

                                          the product is consigned from but does not originate in one of the prefectures listed in Annex II, for which the sampling and analysis of this product is required and has not been exposed to radioactivity during transiting or processing; or’;

                              (c)

                              paragraph (4) is replaced by the following:
                              ‘4.   Fish and fishery products referred to in Annex II, caught or harvested in the coastal waters of the prefectures of Fukushima, Gunma, Tochigi, Miyagi, Ibaraki, Chiba or Iwate shall be accompanied by a declaration referred to in paragraph 1 and by an analytical report containing the results of sampling and analysis, irrespective of where such products are landed.’;

                  (3)

                  Article 14 is replaced by the following:
                  ‘Article 14
                  Review
                  This Regulation shall be reviewed before 30 June 2019.’;

                  (4)

                  Annex I is replaced by the text set out in Annex I to this Regulation;

                  (5)

                  Annex II is replaced by the text set out in Annex II to this Regulation;

                  (6)

                  Annex III is replaced by the text set out in Annex III to this Regulation.

            Article 2
      Transitional provision
      Consignments of feed and food falling under the scope of Implementing Regulation (EU) 2016/6 which left Japan prior to the entry into force of this Regulation may be imported into the Union under the conditions laid down by Implementing Regulation (EU) 2016/6 prior to its amendment by this Regulation.
      Article 3
      Entry into force
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 10 November 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 31, 1.2.2002, p. 1.

         (2)  Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 80, 26.3.2011, p. 5).

         (3)  Commission Implementing Regulation (EU) No 961/2011 of 27 September 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Regulation (EU) No 297/2011 (OJ L 252, 28.9.2011, p. 10).

         (4)  Commission Implementing Regulation (EU) No 284/2012 of 29 March 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 961/2011 (OJ L 92, 30.3.2012, p. 16).

         (5)  Commission Implementing Regulation (EU) No 996/2012 of 26 October 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284/2012 (OJ L 299, 27.10.2012, p. 31).

         (6)  Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 95, 29.3.2014, p. 1).

         (7)  Commission Implementing Regulation (EU) 2016/6 of 5 January 2016 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 322/2014 (OJ L 3, 6.1.2016, p. 5).

         (8)  Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 (OJ L 13, 20.1.2016, p. 2).

         (9)  Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (OJ L 371, 30.12.1987, p. 11).

         (10)  Commission Regulation (Euratom) No 770/90 of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency (OJ L 83, 30.3.1990, p. 78).

         ANNEX I
         ‘
               ANNEX I

                  Maximum levels for food
                   (1)
                  (Bq/kg) as provided for in the Japanese legislation

                           Foods for infants and young children

                           Milk and milk-based drinks

                           Mineral water and similar drinks and tea brewed from unfermented leaves

                           Other food

                           Sum of caesium-134 and caesium-137

                           50 (2)

                           50 (2)

                           10 (2)

                           100 (2)

                  Maximum levels for feed
                   (3)
                  (Bq/kg) as provided for in the Japanese legislation

                           Feed intended for cattle and horses

                           Feed intended for pigs

                           Feed intended for poultry

                           Feed for fish (5)

                           Sum of caesium-134 and caesium-137

                           100 (4)

                           80 (4)

                           160 (4)

                           40 (4)

                     ’

            (1)  For dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as ready for consumption.
         For dried mushrooms a reconstitution factor of 5 is of application.
         For tea, the maximum level applies to the infusion brewed from unfermented tea leaves. The processing factor for dried tea is 50, and therefore a maximum level of 500 Bq/kg on dried tea leaves ensures that the level in the brewed tea does not exceed the maximum level of 10 Bq/kg.

            (2)  In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) 2016/52.

            (3)  Maximum level is relative to feed with a moisture content of 12 %.

            (4)  In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) 2016/52.

            (5)  With the exemption of feed for ornamental fish.

         ANNEX II
         ‘
               ANNEX II

                  Feed and food for which sampling and analysis regarding the presence of caesium-134 and caesium-137 are required before export to the Union

                           (a)

                           products originating in the prefecture of Fukushima:

                                       —

                                       mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                       —

                                       fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

                                                   —

                                                   Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

                                       —

                                       soybeans and derived products thereof falling within CN codes 1201 90 00, 1208 10 00 and 1507;

                                       —

                                       giant butterbur or Japanese butterbur (fuki) (Petasites japonicus) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                          Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

                                       —

                                       bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       (Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes 0810 70 00, ex 0811 90, ex 0812 90 and ex 0813 50;

                           (b)

                           products originating in the prefectures of Miyagi:

                                       —

                                       mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                       —

                                       fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

                                                   —

                                                   Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

                                       —

                                          Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

                                       —

                                       bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (c)

                           products originating in the prefectures of Nagano:

                                       —

                                       mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                       —

                                          Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                       —

                                       ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (d)

                           products originating in the prefectures of Gunma, Ibaraki, Tochigi, Chiba or Iwate:

                                       —

                                       mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                       —

                                       fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

                                                   —

                                                   Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                                   —

                                                   Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

                                       —

                                       bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

                                       —

                                       koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (e)

                           products originating in the prefectures of Yamanashi, Yamagata, Shizuoka or Niigata:

                                       —

                                       mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                       —

                                       koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (f)

                           compound products containing more than 50 % of the products listed under points (a) to (e) of this Annex.

                     ’

         ANNEX III
         ‘
               ANNEX III

               Text of image

                  Declaration for the import into the Union of
                  (Product and country of origin)
                  Batch Identification Code Declaration Number
                  In accordance with Commission Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station the
                  (authorised representative referred to in paragraph 2 or 3 of Article 6 of Implementing Regulation (EU) 2016/6)
                  DECLARES that the
                  (products referred to in Article 5(1) of Implementing Regulation (EU) 2016/6)
                  of this consignment composed of:
                  (description of consignment, product, number and type of packages, gross or net weight)
                  embarked at (embarkation place)
                  on (date of embarkation)
                  by (identification of transporter)
                  going to (place and country of destination)
                  which comes from the establishment
                  (name and address of establishment)
                  is compliant with the legislation in force in Japan as regards the maximum levels for the sum of caesium-134 and caesium-137.
                  DECLARES that the consignment concerns:
                  products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, which have been harvested and/or processed before 11 March 2011;
                  products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, which do not originate in and are not consigned from one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, for which the sampling and analysis of this product is required;
                  products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, which are consigned from but do not originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, for which the sampling and analysis of this product is required and have not been exposed to radioactivity during transiting or processing;

               Text of image

                  products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, which originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058, for which the sampling and analysis of this product is required, and have been sampled on (date) and subjected to laboratory analysis on (date) in the (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;
                  products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/2058 of unknown origin or a derived product thereof or a compound feed or food containing more than 50 % of those products as (an) ingredient(s) of unknown origin, which have been sampled on (date) and subjected to laboratory analysis on (date) in the (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached.
                  Done at on
                  Stamp and signature of the authorised representative referred to in Article 6(2) or (3) of Implementing Regulation (EU) 2016/6

            ’


title: Commission Implementing Regulation (EU) 2017/1966 of 27 October 2017 amending Implementing Regulation (EU) No 1189/2011 as regards the communication of assistance requests and the follow-up to those requests

text:
               28.10.2017

               EN

               Official Journal of the European Union

               L 279/38

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1966
   of 27 October 2017
   amending Implementing Regulation (EU) No 1189/2011 as regards the communication of assistance requests and the follow-up to those requests
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, and other measures (1), and in particular Article 26 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1189/2011 (2) lays down detailed rules concerning the communication of tax recovery assistance requests, the follow-up of those requests, the use of standard request forms and uniform instruments between the authorities in Member States and the transfer of recovered amounts in relation to certain mutual assistance provisions of Directive 2010/24/EU.

               (2)

               In order to ensure that the applicant Member State is fully informed about the follow-up of a request for notification, it is appropriate to specify that the requested authority should inform the applicant authority about the manner of notification.

               (3)

               In order to facilitate the handling of requests for precautionary measures, a standard form for the communication of specific reasons and circumstances for such requests should be developed.

               (4)

               In order to ensure legal certainty, it is appropriate to specify which claims can be mentioned in the uniform instrument permitting enforcement in the requested Member State.

               (5)

               In order to facilitate the handling of requests for recovery, the rules concerning the exchange rate and the transfer of recovered amounts should be adapted and it should be clarified how an increase in the amount of a claim should be communicated.

               (6)

               The structure and lay-out of the standard form accompanying the request for notification and of the uniform instrument permitting enforcement in the requested Member State should be also adapted so as to align them to the requirements of an electronic communication system and for future use in international agreements.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 1189/2011 is amended as follows:

               (1)

               in Article 12, paragraph 2 is replaced by the following:
               ‘2.   The requested authority shall inform the applicant authority of the date and the manner of notification as soon as this has been effected, by certifying the notification in the request form returned to the applicant authority.’;

               (2)

               Article 15 is replaced by the following:
               ‘Article 15
               1.   Requests for recovery or for precautionary measures shall include a declaration that the conditions laid down in Directive 2010/24/EU for initiating the mutual assistance procedure have been fulfilled.
               2.   In case of a request for precautionary measures, this declaration may be supplemented by a declaration specifying the reasons and circumstances of the request, established in accordance with the model set out in Annex III.’;

               (3)

               Article 16 is amended as follows:

                           (a)

                           paragraph 2 is replaced by the following:
                           ‘2.   A single uniform instrument permitting enforcement in the requested Member State may be issued in respect of several claims and several persons, corresponding to the initial instrument or instruments permitting enforcement in the applicant Member State.’;

                           (b)

                           the following paragraphs 3a and 3b are inserted:
                           ‘3a.   Where the initial instrument referred to in paragraph 2 or the global instrument referred to in paragraph 3 contains several claims, one or more of which have already been collected or recovered, the uniform instrument permitting enforcement in the requested Member State shall only refer to those claims for which recovery assistance is requested.
                           3b.   Where the initial instrument referred to in paragraph 2 or the global instrument referred to in paragraph 3 contains several claims, the applicant authority may list those claims in different uniform instruments permitting enforcement in the requested Member State, in line with the tax type related division of competences of the respective recovery offices in the requested Member State.’;

               (4)

               in Article 18, paragraph 2 is replaced by the following:
               ‘2.   The exchange rate to be used for the purposes of the recovery assistance shall be the exchange rate published by the European Central Bank on the date before the date the request is sent. Where there is no such rate available on that date, the exchange rate used shall be the latest exchange rate published by the European Central Bank before the date the request is sent.’;

               (5)

               in Article 22, paragraph 5 is replaced by the following:
               ‘5.   Where the adjustment referred to in paragraph 2 entails an increase in the amount of the claim, the applicant authority may address to the requested authority an amended request for recovery or for precautionary measures.
               That amended request shall, as far as possible, be dealt with by the requested authority at the same time as the initial request from the applicant authority. Where, in view of the state of progress of the existing procedure, consolidation of the amended request with the initial request is not possible, the requested authority shall comply with the amended request only if it concerns an amount not less than that referred to in Article 18(3) of Directive 2010/24/EU.’;

               (6)

               in Article 23(1), the first and second subparagraphs are replaced by the following:
               ‘The amounts that have to be remitted to the applicant authority, in accordance with Article 13(5) of Directive 2010/24/EU, shall be transferred to the applicant authority in Euro unless the Member States have agreed to transfer recovered amounts in another currency.
               The transfer of the recovered amounts shall take place within two months of the date on which recovery was effected unless otherwise agreed between the Member States.’;

               (7)

               Annex I is replaced by the text set out in Annex I to this Regulation.

               (8)

               Annex II is replaced by the text set out in Annex II to this Regulation.

               (9)

               Annex III to this Regulation is added as Annex III.

         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, 27 October 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 84, 31.3.2010, p. 1.

      (2)  Commission Implementing Regulation (EU) No 1189/2011 of 18 November 2011 laying down detailed rules in relation to certain provisions of Council Directive 2010/24/EU concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ L 302, 19.11.2011, p. 16).

      ANNEX I
      ‘
            ANNEX I

               Uniform notification form providing information about notified document(s)

               (to be transmitted to the addressee of the notification)
                (1)
                (2)

            This document, established in accordance with ☐ Article 10 of Commission Implementing Regulation (EU) No 1189/2011 accompanies document(s) hereby notified by the competent authority of the following State: [name of requested State].
            This notification concerns documents of the competent authorities of the following State: [name of applicant State], which asked for notification assistance, in accordance with ☐ Article 8 of Council Directive 2010/24/EU.
            A.   ADDRESSEE OF THE NOTIFICATION

                        —

                        Name:

                        —

                           Address (known or assumed):

                        —

                           Other data relevant to the identification of the addressee:

                  B.   PURPOSE OF THE NOTIFICATION
            This notification is intended:

                        ☐

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

                        ☐

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

                        ☐

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

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

                        ☐

                           the principal debtor

                        ☐

                           a co-debtor

                        ☐

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

                        ☐

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

                        ☐

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

               (The following information will appear if the addressee of the notification is a person other than the (co-)debtor, holding assets belonging to, or having debts towards, the (co-)debtor or to any other person liable, or a third party which may become affected by enforcement measures concerning other persons:

               The notified documents concern claims relating to taxes and duties, for which the following person(s) is (are) liable as

                        ☐

                           the principal debtor: [name and address (known or assumed)]

                        ☐

                           a co-debtor: [name and address (known or assumed)]

                        ☐

                           a person other than the (co-)debtor, liable for settlement of the taxes, duties and other measures, or for other claims relating to these taxes, duties and other measures, under the laws in force in the applicant State: [name and address (known or assumed)]).

                  The applicant authority of the applicant State (name of the applicant State) invited the competent authorities of the requested State (name of the requested State) to make this notification before [date]. Please note that this date is not specifically related to any period of limitation.
            C.   OFFICE(S) RESPONSIBLE FOR THE NOTIFIED DOCUMENT(S)
            Office responsible with regard to the attached document(s):

                        —

                        Name:

                        —

                           Address:

                        —

                           Other contact details:

                        —

                           Language(s) in which this office can be contacted:

                  Further information about ☐ the notified document(s) ☐ and/or the possibility to contest the obligations can be obtained

                        ☐

                           at the abovementioned office responsible with regard to the attached document(s), and/or

                        ☐

                           from the following office:

                                    —

                                       Name:

                                    —

                                       Address:

                                    —

                                       Other contact details:

                                    —

                                       Language(s) in which this office can be contacted:

                  D.   DESCRIPTION OF THE NOTIFIED DOCUMENT(S)
            Document [number]

                        —

                        Reference number:

                        —

                        Date of establishment:

                        —

                        Nature of the notified document:

                                    ☐

                                       Tax assessment

                                    ☐

                                       Payment order

                                    ☐

                                       Decision following an administrative appeal

                                    ☐

                                       Other administrative document:

                                    ☐

                                       Judgment or order of:

                                    ☐

                                       Other judicial document:

                        —

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

                        —

                        Nature of the claim(s) concerned:

                                    ☐ a)

                                       customs duties

                                    ☐ b)

                                       value added tax

                                    ☐ c)

                                       excise duties

                                    ☐ d)

                                       tax on income or capital

                                    ☐ e)

                                       tax on insurance premiums

                                    ☐ f)

                                       inheritance and gift taxes

                                    ☐ g)

                                       national taxes and duties on immovable property, other than the abovementioned ones

                                    ☐ h)

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

                                    ☐ i)

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

                                    ☐ j)

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

                                    ☐ k)

                                       taxes and duties levied by or on behalf of local authorities

                                    ☐ l)

                                       other tax-based claim

                                    ☐ m)

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

                        —

                           Amount of the claim(s) concerned:

                                    ☐

                                       Principal amount:

                                    ☐

                                       Administrative penalties and fines:

                                    ☐

                                       Interest up to [date]:

                                    ☐

                                       Costs up to [date]:

                                    ☐

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

                                    ☐

                                       Total amount for this (these) claim(s):

                        —

                           The amount mentioned under point [x] should be paid:

                                    ☐

                                       before:

                                    ☐

                                       within [number] days following the date of this notification

                                    ☐

                                       without any further delay

                        —

                           This payment should be made to:

                                    —

                                       Holder of the bank account:

                                    —

                                       International Bank Account Number (IBAN):

                                    —

                                       Bank Identification Code (BIC):

                                    —

                                       Name of the bank:

                        —

                           Reference to be used for the payment:

                        —

                           The addressee can reply to the document(s) that is (are) hereby notified.

                                    ☐

                                       Last day for replying:

                                    ☐

                                       Time period for replying:

                                    —

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

                        —

                           Possibility to contest:

                                    ☐

                                       The period to contest the claim or the notified document(s) has already come to its end.

                                    ☐

                                       Last day for contesting the claim:

                                    ☐

                                       Time period to contest the claim: [number of days] following

                                                ☐

                                                   the date of this notification.

                                                ☐

                                                   the establishment of the notified document(s)

                                                ☐

                                                   another date:

                                    —

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

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

                           Any such dispute is governed by the procedural and language rules applying in the applicant State (name of applicant State).

                                    ☐

                                       Please note that the recovery may begin before the end of the period within which the claim may be contested.

                        —

                           Other information:

                  ’

         (1)  The elements put in Italic are optional.

         (2)  Where this form is transmitted by electronic means, its structure and lay-out may be adapted to the requirements of the electronic communication system, provided that the set of data and information contained therein is not substantially altered.

      ANNEX II
      ‘
            ANNEX II

               Uniform instrument permitting enforcement of claims covered by ☐
                  Directive 2010/24/EU

                (1)
                (2)

            ☐   UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS COVERED BY ☐ DIRECTIVE 2010/24/EU

                        —

                           Date of issue:

                        —

                           Reference number:

                  ☐   REVISED UNIFORM INSTRUMENT PERMITTING ENFORCEMENT OF CLAIMS COVERED BY ☐ DIRECTIVE 2010/24/EU

                        —

                           Date of issue of the original uniform instrument:

                        —

                           Date of revision:

                        —

                           Reason for the revision:

                        ☐

                           judgment or order of [name of the Court]of [date]

                        ☐

                           administrative decision of [date]

                        —

                           Reference number:

                  State where this document is issued: [name of applicant State]

                        ☐

                        Each EU Member State can request recovery assistance from other Member States for unpaid claims referred to in Article 2 of Directive 2010/24/EU. This Directive has been adopted by the Council of the European Union on 16 March 2010 and is to be applied in all EU Member States.

                  Recovery measures taken by the requested State are based on:

                        ☐

                           a uniform instrument permitting enforcement, in accordance with ☐ Article 12 of Directive 2010/24/EU.

                        ☐

                           a revised uniform instrument permitting enforcement, in accordance with ☐ Article 15 of Directive 2010/24/EU (to take account of the decision of the competent body referred to in Article 14(1) of that Directive).

                  This document is the uniform instrument permitting enforcement (including precautionary measures). It concerns the claim(s) mentioned below, which remain(s) unpaid in the applicant State (name of applicant State). The initial instrument for the enforcement of this/these claim(s) has been notified in so far as required under the national law of the applicant State (name of applicant State).
            Disputes concerning the claim(s) fall exclusively within the competence of the competent bodies of the applicant State (name of applicant State), in accordance with ☐ Article 14 of Directive 2010/24/EU. Any such action shall be brought before them in accordance with the procedural and language rules in force in the applicant State (name of applicant State).

               DESCRIPTION OF THE CLAIM(S) AND THE PERSON(S) CONCERNED

               Identification of the claim(s) [number]

                        1.

                        Reference:

                        2.

                        Nature of the claim(s) concerned:

                                    ☐ a)

                                       customs duties

                                    ☐ b)

                                       value added tax

                                    ☐ c)

                                       excise duties

                                    ☐ d)

                                       tax on income or capital

                                    ☐ e)

                                       tax on insurance premiums

                                    ☐ f)

                                       inheritance and gift taxes

                                    ☐ g)

                                       national taxes and duties on immovable property, other than the abovementioned ones

                                    ☐ h)

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

                                    ☐ i)

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

                                    ☐ j)

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

                                    ☐ k)

                                       taxes and duties levied by or on behalf of local authorities

                                    ☐ l)

                                       other tax-based claim

                                    ☐ m)

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

                        3.

                        Name of the tax/duty concerned:

                        4.

                        Period or date concerned:

                        5.

                        Date of establishment of the claim:

                        6.

                        Date on which enforcement becomes possible:

                        7.

                        Amount of the claim still due:

                                    ☐

                                       principal amount:

                                    ☐

                                       administrative penalties and fines:

                                    ☐

                                       interest till date before the day the request is sent:

                                    ☐

                                       costs till date before the day the request is sent:

                                    ☐

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

                                    ☐

                                    total amount of this claim:

                        8.

                        Date of notification of the initial instrument permitting enforcement in the applicant State: (name of the applicant State):

                                    ☐

                                       Date:

                                    ☐

                                       No date available

                        9.

                        Office responsible for the assessment of the claim:

                                    —

                                    Name:

                                    —

                                       Address:

                                    —

                                       Other contact details:

                                    —

                                       Language(s) in which this office can be contacted:

                        10.

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

                                    ☐

                                       the office indicated above

                                    ☐

                                       the following office responsible for the Uniform instrument permitting enforcement:

                                                —

                                                   Name:

                                                —

                                                   Address:

                                                —

                                                   Other contact details:

                                                —

                                                   Language(s) in which this office can be contacted:

               Identification of the person(s) concerned in the national instrument(s) permitting enforcement

                        a)

                        The following person is mentioned in the national instrument(s) permitting enforcement
                        ☐ natural person

                        ☐ other

                                    —

                                    Name

                                    —

                                       Address (known or assumed)

                                    —

                                       Other data relevant to the identification of the addressee

                              ☐ Legal representative

                                    —

                                    Name

                                    —

                                       Address (known or assumed)

                                    —

                                       Other data relevant to the identification of the addressee

                              Cause of liability:

                                    ☐

                                       principal debtor

                                    ☐

                                       a co-debtor

                                    ☐

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

                        b)

                           the following person(s) is (are) also mentioned in the national instrument(s) permitting enforcement:

                        ☐ natural person

                        ☐ other

                                    —

                                       Name:

                                    —

                                       Address (known or assumed):

                                    —

                                       Other data relevant to the identification of the addressee:

                              ☐ Legal representative

                                    —

                                       Name:

                                    —

                                       Address (known or assumed):

                                    —

                                       Other data relevant to the identification of the addressee:

                              Cause of liability:

                                    ☐

                                       principal debtor

                                    ☐

                                       a co-debtor

                                    ☐

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

                  Other information

               Overall total amount of the claim(s)

                        —

                        in the currency of the applicant State:

                        —

                        in the currency of the requested State:

                        —

                        in EUR:

                  ’

         (1)  The elements put in Italic are optional.

         (2)  Where this form is transmitted by electronic means, its structure and lay-out may be adapted to the requirements and possibilities of the electronic communication system, provided that the set of data and information contained therein is not substantially altered.

      ANNEX III

         Declaration specifying reasons and circumstances for a request for precautionary measures

                     Name of the language(s) of this document

                  Declaration specifying reasons and circumstances for a request for precautionary measures (1)
                      (2)

                     based on:

                     Article 16 of Directive 2010/24/EU

                  …

                  This declaration is linked to the request for precautionary measures

                  with the following reference:

                  Ref. …

                  sent by the following applicant State:

                  to the following requested State:

            The following information on specific reasons and circumstances for this request is provided:

                              1.

                              General information

                              1.1.

                              The claim(s) is (are) the subject of an instrument permitting enforcement in the applicant State which is contested.

                              1.2.

                              The claim(s) is (are) the subject of an instrument permitting enforcement in the applicant State which is not contested.

                              1.3.

                              The claim(s) is (are) not yet subject of an instrument permitting enforcement in the applicant State.

                              1.4.

                              The claim(s) is (are) not contested.

                              1.5.

                              The claim(s) may no longer be contested by and administrative appeal/by an appeal to the courts.

                              1.6.

                              The claim(s) is (are) contested but the laws, regulations and administrative practices in force in the State of the applicant authority allow to take precautionary measures.

                              2.

                              Justifying documents and/or reasons

                              2.1.

                              This request is accompanied by a uniform instrument permitting recovery in the requested State.

                                 Note: this uniform instrument permitting enforcement in the requested State also allows the requested State to take precautionary measures (for requests based on Directive 2010/24/EU: see the second subparagraph of Article 12(1) of that Directive).

                              2.2.

                              This request is based on an administrative decision (attached) permitting precautionary measures in the applicant State, which contains the following evaluation:

                              2.2.1.

                              Administrative evaluation of the need to take precautionary measures assessed by:

                     name of the authority:

                     address of the authority:

                     date of this decision:

                     DD/MM/YYYY

                     details contact person:

                              2.2.2.

                              Circumstances

                     The instrument permitting enforcement is contested.

                     The claim(s) is (are) not yet the subject of an instrument permitting enforcement.

                     The contesting of the claim(s) by the debtor was already rejected in first instance, but this decision is not final.

                              2.2.3.

                              This authority has allowed precautionary measures in the applicant State in accordance with its national law, on the following date:

                     DD/MM/YYYY

                              2.2.4.

                              The precautionary measures are considered to be justified for the following reasons, demonstrating the urgency and the risk that collection and recovery could be thwarted or seriously hindered:

                     high (estimated) amount of the (expected) debt/significant debiting

                     suspicion of fraud

                     Person(s) concerned making themselves insolvent

                     restructuring of assets

                     alienation of property

                     attempt to hide/conceal/dissipate assets

                     careless business management

                     frequent change of residence

                     relocation of property abroad

                     debtor not respecting earlier payment agreements

                     other elements/reasons: …

                     Short explanation (recommended): …

                              2.3.

                              This request is based on a judicial confirmation (attached) that precautionary measures are justified:

                              2.3.1.

                              Judicial evaluation of the need to take precautionary measures assessed by:

                     name of the Court:

                     address of the Court:

                     date of the decision:

                     DD/MM/YYYY

                     (Details contact person:)

                              2.3.2.

                              The Court decided:

                     at the unilateral request of the tax authorities

                     following the contesting of the claim by the debtor, by another person liable or by another person subject to the precautionary measures

                              2.3.3.

                              This Court has allowed precautionary measures in the applicant State in accordance with its national law, on the following date:

                     DD/MM/YYYY

                              2.4.

                              This request for precautionary measures is based on the reasons mentioned in the attached document(s).

                              2.5.

                              Precautionary measures are justified for the following reasons, demonstrating the urgency and the risk that collection and recovery could be thwarted or seriously hindered:

                     high (estimated) amount of the (expected) debt/significant levels of debt

                     Suspicion of fraud

                     Person(s) concerned making themselves insolvent

                     restructuring of assets

                     alienation of property

                     attempt to hide/conceal/dissipate assets

                     careless business management

                     frequent change of residence

                     relocation of property abroad

                     debtor not respecting earlier payment agreements

                     other elements/reasons: …

                     Short explanation (recommended): …

                              3.

                              Other information

                              3.1.

                              The authorities of the requested State are requested not to inform the debtor or other person concerned before the start of the precautionary measures.

                              3.2.

                              Other information: …

         (1)  The elements put in Italic are optional. It is suggested to remove subsections that are not selected.

         (2)  Where this form is transmitted by electronic means, its structure and lay-out may be adapted to the requirements and possibilities of the electronic communication system, provided that the set of data and information contained therein is not substantially altered.


title: Commission Implementing Regulation (EU) 2017/2006 of 8 November 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
               9.11.2017

               EN

               Official Journal of the European Union

               L 290/17

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2006
   of 8 November 2017
   amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (1),
   Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (2), and in particular Article 20(b) thereof,
   Whereas:

               (1)

               Annex V to Regulation (EU) 2016/44 lists vessels designated by the United Nations Sanctions Committee in accordance with paragraph 11 of United Nations Security Council Resolution (UNSCR) 2146 (2014). Those vessels are subject to a number of prohibitions under that Regulation, including the prohibition to load, transport or discharge crude oil from Libya and to access ports in the territory of the Union.

               (2)

               On 31 October 2017, the United Nations Security Council Committee renewed and amended the listing of vessel Lynn S subject to restrictive measures. Therefore, Annex V to Regulation (EU) 2016/44 should be amended accordingly.

               (3)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex V to Council Regulation (EU) 2016/44 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 November 2017.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 206, 1.8.2015, p. 34.

      (2)  OJ L 12, 19.1.2016, p. 1.

      ANNEX
      Annex V to Council Regulation (EU) 2016/44 is amended as follows:

                  The entry:

                     ‘2.   Name: Lynn S

                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation is valid from 2 August 2017 to 2 November 2017, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Saint Vincent and the Grenadines.

                        Additional information

                     IMO: 8706349. As of 26 July 2017, the vessel was located in international waters approximately 50 nautical miles southeast of Cyprus.’,

                  is replaced by the following:

                     ‘2.   Name: Lynn S

                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 31 October 2017 and is valid until 29 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Saint Vincent and the Grenadines.

                        Additional information

                     Listed on 2 August 2017. IMO: 8706349. As of 6 October 2017, the vessel was located in the territorial waters of Lebanon, when it set sail heading West.’


title: Commission Implementing Regulation (EU) 2017/2069 of 13 November 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances flonicamid (IKI-220), metalaxyl, penoxsulam and proquinazid (Text with EEA relevance. )

text:
               14.11.2017

               EN

               Official Journal of the European Union

               L 295/51

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2069
   of 13 November 2017
   amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances flonicamid (IKI-220), metalaxyl, penoxsulam and proquinazid
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
   Whereas:

               (1)

               Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

               (2)

               Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (3). However, the approval of those substances may expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article 17 of Regulation (EC) No 1107/2009.

               (3)

               In view of the time and resources necessary for completing the assessment of applications for the renewal of approvals of the large number of active substances the approvals of which are expiring between 2019 and 2021, Commission Implementing Decision C(2016)6104 (4) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

               (4)

               As the active substances included in this Regulation do not fall in the prioritised categories of Implementing Decision C(2016)6104, the approval period should be extended by either two or three years, taking into account the current date of expiry, the fact that in accordance with Article 6(3) of Implementing Regulation (EU) No 844/2012 the supplementary dossier for an active substance is to be submitted no later than 30 months before expiry of the approval, the need to ensure a balanced distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval period for active substance proquinazid by two years, and to extend the approval periods of the active substances flonicamid (IKI-220), metalaxyl and penoxsulam by three years.

               (5)

               In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

               (6)

               In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulationproviding that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

               (7)

               Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with 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, 13 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 153, 11.6.2011, p. 1.

      (3)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

      (4)  Commission Implementing Decision of 28 September 2016 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2019, 2020 and 2021 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council (OJ C 357, 29.9.2016, p. 9).

      ANNEX
      Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                  (1)

                  in the sixth column, expiration of approval, of row 301, Penoxsulam, the date is replaced by ‘31 July 2023’;

                  (2)

                  in the sixth column, expiration of approval, of row 302, Proquinazid, the date is replaced by ‘31 July 2022’;

                  (3)

                  in the sixth column, expiration of approval, of row 304, Metalaxyl, the date is replaced by ‘30 June 2023’;

                  (4)

                  in the sixth column, expiration of approval, of row 305, Flonicamid (IKI-220), the date is replaced by ‘31 August 2023’.