title: Commission Implementing Regulation (EU) No 586/2013 of 20 June 2013 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries and derogating from Regulation (EC) No 1235/2008 as regards the date of submission of the annual report  Text with EEA relevance

text:
               21.6.2013

               EN

               Official Journal of the European Union

               L 169/51

      COMMISSION IMPLEMENTING REGULATION (EU) No 586/2013
   of 20 June 2013
   amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries and derogating from Regulation (EC) No 1235/2008 as regards the date of submission of the annual report
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(d) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1235/2008 (2) contains rules relating to imports of organic products from third countries, and in particular a list of recognised third countries and a list of recognised control bodies and control authorities for the purpose of equivalence.

               (2)

               In light of the experience gained with the supervision of the equivalence system, it is necessary to amend the content of the list of control bodies and control authorities recognised in accordance with Article 33(3) of Regulation (EC) No 834/2007 in order to ensure that information on operators under the control of those control bodies and control authorities is updated.

               (3)

               In the light of the experience gained with the supervision of the equivalence system and in view of point 5.1.4 of the Commission Communication entitled EU best practice guidelines for voluntary certification schemes for agricultural products and foodstuffs (3), which recommends that scheme specifications, including a public summary, be made freely available, for example on a website, and in view of the fact that several control bodies and control authorities listed in Annex IV to Regulation (EC) No 1235/2008 publish their organic standard on their websites, it is appropriate to require control bodies and control authorities recognised in accordance with Article 33(3) of Regulation (EC) No 834/2007 to publish the production standard and control measures for which they have been recognised on their website and to include the internet website where that information can be found in the content of the list of recognised control bodies and control authorities.

               (4)

               In order to spread the workload relating to the supervision of recognised third countries and of recognised control bodies and control authorities, it is appropriate to set a deadline for the submission of the annual report of recognised control bodies and control authorities which is different from that for the submission of the annual report of recognised third countries. As a consequence, the date for the submission of complete requests for inclusion in the list of recognised control bodies and control authorities should be advanced by a month as well.

               (5)

               Annex III to Regulation (EC) No 1235/2008 contains a list of third countries whose system of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007. In the light of new information received by the Commission from third countries since the last amendment of that Annex, certain changes should be made in the list.

               (6)

               The authorities of Japan and of the United States have asked the Commission to include new control and certification bodies and have provided the Commission with the necessary guarantees that they meet the conditions referred to Article 8(2) of Regulation (EC) No 1235/2008.

               (7)

               The duration of inclusion of Japan in the list set out in Annex III to Regulation (EC) No 1235/2008 ends on 30 June 2013. Given that Japan continues to satisfy the conditions laid down in Article 33(2) of Regulation (EC) No 834/2007 and in the light of monitoring experience, the inclusion should be prolonged for an unlimited period.

               (8)

               The duration of inclusion of Tunisia in the list set out in Annex III to Regulation (EC) No 1235/2008 ends on 30 June 2013. In the light of the monitoring experience, the inclusion should be prolonged until 30 June 2014.

               (9)

               The recognition of Switzerland pursuant to Article 33(2) of Regulation (EC) No 834/2007 currently applies to unprocessed agricultural products and processed agricultural products for use as food and feed. The Swiss authorities have submitted a request to the Commission to recognise the equivalence also for organic wine. The examination of the information submitted with that request and subsequent clarifications provided by the Swiss authorities have led to the conclusion that in that country the rules governing production and controls of organic wine are equivalent to those laid down in Regulation (EC) No 834/2007 and Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (4). Consequently, the equivalence recognition of Switzerland as regards processed products for use as food should also apply to organic wine.

               (10)

               The recognition of the United States pursuant to Article 33(2) of Regulation (EC) No 834/2007 applies to unprocessed agricultural products and processed agricultural products for use as food and feed or to products that have been imported into the United States. There is a need to clarify that to be recognised as equivalent, the organic products imported into the United States must have undergone processing or packaging in the United States in accordance with US legislation.

               (11)

               Annex IV to Regulation (EC) No 1235/2008 sets out the list of control bodies and control authorities competent to carry out controls and issue certificates in third countries for the purpose of equivalence. In the light of new information received by the Commission from control bodies and control authorities listed in that Annex, certain changes should be made in the list.

               (12)

               The Commission has examined requests for inclusion in the list set out in Annex IV to Regulation (EC) No 1235/2008, received by 31 October 2012. Control bodies and control authorities in respect of which the subsequent examination of all information received led to the conclusion that they complied with the relevant requirements should be included in that list.

               (13)

               Regulation (EC) No 1235/2008 should therefore be amended accordingly.

               (14)

               In order to ensure a smooth transition and to give control bodies and control authorities enough time for the implementation of the amended provisions relating to them, a later date of application should be set for the amendments relating to internet websites, annual reports and the procedure for requesting inclusion in the list of recognised control bodies and control authorities.

               (15)

               Due to technical problems linked to the first use of the specific electronic transmission system provided by the Commission, the date for the submission of the annual report to be submitted by control bodies and control authorities listed in Annex IV to Regulation (EC) No 1235/2008, currently fixed at 31 March every year, should in 2013 be postponed to 30 April. That derogation should apply retroactively as from 31 March 2013.

               (16)

               The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 1235/2008
   Regulation (EC) No 1235/2008 is amended as follows:

               (1)

               Article 10(2) is amended as follows:

                           (a)

                           Point (e) is replaced by the following:

                                       ‘(e)

                                       the internet website where an updated list of operators subject to the control system can be found, indicating their certification status and the product categories concerned as well as a contact point where information is available on suspended and decertified operators and products;’;

                           (b)

                           The following point (f) is added:

                                       ‘(f)

                                       the internet website where a complete presentation of the production standard and control measures applied by the control body or control authority in a third country can be found.’;

               (2)

               in Article 11, paragraph 1 is replaced by the following:
               ‘1.   The Commission shall consider whether to include a control body or control authority in the list provided for in Article 10 upon receipt of a request for inclusion from the representative of the control body or control authority concerned on the basis of the model of application made available by the Commission in accordance with Article 17(2). Only complete requests that have been received by 30 September of each year shall be considered for updating the list. The Commission shall undertake regular updates of the list as appropriate on the basis of complete requests that have been received before 30 September of each year.’;

               (3)

               in point (b) of Article 12(1) and in point (a) of Article 12(2), ‘31 March’ is replaced by ‘28 February’;

               (4)

               Annex III is amended in accordance with Annex I to this Regulation;

               (5)

               Annex IV is amended in accordance with Annex II to this Regulation.

         Article 2
   Derogation for the year 2013
   By way of derogation from Article 12(1)(b) and Article 12(2)(a) of Regulation (EC) No 1235/2008, for the year 2013 control bodies and control authorities listed in Annex IV to that Regulation shall send their annual report to the Commission by 30 April 2013.
   Article 3
   Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   However, Article 2 shall apply from 31 March 2013.
   Points (1)(a), (2) and (3) of Article 1 shall apply from 1 January 2014 and point (1)(b) of Article 1 shall apply from 1 July 2015.

      This Regulation shall be binding in its entirety and directly applicable in the Member States.
      Done at Brussels, 20 June 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  OJ L 334, 12.12.2008, p. 25.

      (3)  OJ C 341, 16.12.2010, p. 5.

      (4)  OJ L 250, 18.9.2008, p. 1.

      ANNEX I
      Annex III to Regulation (EC) No 1235/2008 is amended as follows:

                  (1)

                  in point 5 of the text relating to India, the row for IN-ORG-011 is deleted;

                  (2)

                  the text relating to Japan is amended as follows:

                              (a)

                              in point 5, the following rows are added:

                                          ‘JP-BIO-027

                                          NPO Kumamoto Organic Agriculture Association

                                          http://www.kumayuken.org/jas/certification/index.html

                                          JP-BIO-028

                                          Hokkaido Organic Promoters Association

                                          http://www.hosk.jp/CCP.html

                                          JP-BIO-029

                                          Association of organic agriculture certification Kochi corporation NPO

                                          http://www8.ocn.ne.jp/~koaa/jisseki.html

                                          JP-BIO-030

                                          LIFE Co., Ltd

                                          http://www.life-silver.com/jas/’

                              (b)

                              point 7 is replaced by the following:
                              ‘7.   Duration of the inclusion: unspecified.’;

                  (3)

                  in the text relating to Switzerland, footnote 2 to the product category ‘Processed agricultural products for use as food’ is replaced by the following:

                              ‘(2)

                              Yeast not included.’;

                  (4)

                  in the text relating to Tunisia, point 7 is replaced by the following:
                  ‘7.   Duration of the inclusion: 30 June 2014.’;

                  (5)

                  the text relating to the United States is amended as follows:

                              (a)

                              point 2 is replaced by the following:
                              ‘2.   ORIGIN: products of categories A, B and F and organically grown ingredients in products of categories D and E that:
                              have been grown in the United States, or
                              have been imported into the United States and processed or packaged in the United States in accordance with US legislation.’;

                              (b)

                              in point 5, the following row is added:

                                          ‘US-ORG-060

                                          Institute for Marketecology (IMO)

                                          http://imo.ch/’

      ANNEX II
      Annex IV to Regulation (EC) No 1235/2008 is amended as follows:

                  (1)

                  the text relating to ‘Albinspekt’ is replaced by the following:
                  ‘“Albinspekt”

                              1.

                              Address: Rruga Ded Gjon Luli, Pall. 5, Shk.1, Ap.8, 1000 Tirana, Albania

                              2.

                              Internet address: http://www.albinspekt.com

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Albania

                                          AL-BIO-139

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —

                                          Kosovo (1)

                                          XK-BIO-139

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: In-conversion products, wine

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (2)

                  the text relating to ‘ARGENCERT SA’ is replaced by the following:
                  ‘“ARGENCERT SA”

                              1.

                              Address: Bernardo de Irigoyen 972 4 piso ‘B’, C1072AAT Buenos Aires, Argentina

                              2.

                              Internet address: www.argencert.com.ar

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Chile

                                          CL-BIO-138

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Paraguay

                                          PY-BIO-138

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Uruguay

                                          UY-BIO-138

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: In-conversion products, wine

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (3)

                  the text relating to ‘AsureQuality Limited’ is replaced by the following:
                  ‘“AsureQuality Limited”

                              1.

                              Address: Level 4, 8 Pacific Rise, Mt Wellington, Auckland, New Zealand

                              2.

                              Internet address: http://www.organiccertification.co.nz

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          New Zealand

                                          NZ-BIO-156

                                          —

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Cook Islands

                                          CK-BIO-156

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                              4.

                              Exceptions: in-conversion products, wine, products covered by Annex III

                              5.

                              Duration of inclusion in the list: until 30 June 2016.’;

                  (4)

                  in the text relating to ‘Australian Certified Organic’, points 1 and 2 are replaced by the following

                              ‘1.

                           18 Eton Street — PO Box 810 — Nundah 4012, Queensland, Australia

                              2.

                              Internet address: http://www.aco.net.au/’;

                  (5)

                  the text relating to ‘Austria Bio Garantie GmbH’ is replaced by the following:
                  ‘“Austria Bio Garantie GmbH”

                              1.

                              Address: Ardaggerstr. 17/1, 3300 Amstetten, Austria

                              2.

                              Internet address: http://www.abg.at

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Albania

                                          AL-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Armenia

                                          AM-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Afghanistan

                                          AF-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Azerbaijan

                                          AZ-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Belarus

                                          BY-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Bosnia and Herzegovina

                                          BA-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          x

                                          Croatia

                                          HR-BIO-131

                                          x

                                          x

                                          —

                                          —

                                          x

                                          x

                                          Cuba

                                          CU-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Georgia

                                          GE-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Iran

                                          IR-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Iraq

                                          IQ-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Jordan

                                          JO-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Kazakhstan

                                          KZ-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Kosovo (2)

                                          XK-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Kyrgyzstan

                                          KG-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Lebanon

                                          LB-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Former Yugoslav Republic of Macedonia

                                          MK-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Mexico

                                          MX-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Moldova

                                          MD-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Montenegro

                                          ME-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Russia

                                          RU-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Serbia

                                          RS-BIO-131

                                          x

                                          x

                                          —

                                          —

                                          —

                                          —

                                          Tajikistan

                                          TJ-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Turkey

                                          TR-BIO-131

                                          x

                                          x

                                          —

                                          —

                                          —

                                          —

                                          Turkmenistan

                                          TM-BIO-131

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Ukraine

                                          UA-BIO-131

                                          x

                                          x

                                          —

                                          —

                                          x

                                          x

                                          Uzbekistan

                                          UZ-BIO-131

                                          x

                                          x

                                          —

                                          —

                                          —

                                          x

                              4.

                              Exceptions: In-conversion products

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (6)

                  in the text relating to ‘BIOAGRIcert S.r.l.’, point 2 is replaced by the following:

                              ‘2.

                              Internet address: http://www.bioagricert.org’;

                  (7)

                  the text relating to ‘Certificadora Mexicana de productos y procesos ecológicos S.C.’ is replaced by the following:
                  ‘“Certificadora Mexicana de productos y procesos ecológicos S.C.”

                              1.

                              Address: Calle 16 de septiembre No 204, Ejido Guadalupe Victoria, Oaxaca, Mexico, C.P. 68026

                              2.

                              Internet address: http://www.certimexsc.com

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Dominican Republic

                                          DO-BIO-104

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Guatemala

                                          GT-BIO-104

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Mexico

                                          MX-BIO-104

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —

                                          El Salvador

                                          SV-BIO-104

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                              4.

                              Exceptions: In-conversion products; wine

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (8)

                  the text relating to ‘Ecocert SA’ is replaced by the following:
                  ‘“Ecocert SA”

                              1.

                              Address: BP 47, 32600 L’Isle-Jourdain, France

                              2.

                              Internet address: http://www.ecocert.com

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Algeria

                                          DZ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Andorra

                                          AD-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Azerbaijan

                                          AZ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Benin

                                          BJ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Bosnia and Herzegovina

                                          BA-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Brazil

                                          BR-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          x

                                          x

                                          Burkina Faso

                                          BF-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Burundi

                                          BI-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Cambodia

                                          KH-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Cameroon

                                          CM-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Canada

                                          CA-BIO-154

                                          —

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Chad

                                          TD-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          China

                                          CN-BO-154

                                          x

                                          —

                                          x

                                          x

                                          x

                                          x

                                          Colombia

                                          CO-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          x

                                          Comoros

                                          KM-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Côte d’Ivoire

                                          CI-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Croatia

                                          HR-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Cuba

                                          CU-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Dominican Republic

                                          DO-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Ecuador

                                          EC-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          x

                                          —

                                          Fiji

                                          FJ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Ghana

                                          GH-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Guatemala

                                          GT-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Guinea

                                          GN-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Guyana

                                          GY-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Haiti

                                          HT-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          India

                                          IN-BIO-154

                                          —

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Indonesia

                                          ID-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Iran

                                          IR-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Japan

                                          JP-BIO-154

                                          —

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Kazakhstan

                                          KZ-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Kenya

                                          KE-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Kuwait

                                          KW-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Kyrgyzstan

                                          KG-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Laos

                                          LA-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Former Yugoslav Republic of Macedonia

                                          MK-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          x

                                          Madagascar

                                          MG-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Malawi

                                          MW-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Malaysia

                                          MY-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Mali

                                          ML-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Mauritius

                                          MU-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Mexico

                                          MX-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Moldova

                                          MD-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Monaco

                                          MC-BIO-154

                                          —

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Morocco

                                          MA-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          —

                                          x

                                          Mozambique

                                          MZ-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Namibia

                                          NA-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Nepal

                                          NP-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Nigeria

                                          NG-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Pakistan

                                          PK-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          x

                                          Paraguay

                                          PY-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Peru

                                          PE-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Philippines

                                          PH-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Russia

                                          RU-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Rwanda

                                          RW-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Sao Tome and Principe

                                          ST-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Saudi Arabia

                                          SA-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          x

                                          x

                                          Senegal

                                          SN-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Serbia

                                          RS-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          x

                                          Somalia

                                          SO-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          South Africa

                                          ZA-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          x

                                          x

                                          Sudan

                                          SD-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Swaziland

                                          SZ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Syria

                                          SY-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Tanzania

                                          TZ-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Thailand

                                          TH-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Togo

                                          TG-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Tunisia

                                          TN-BIO-154

                                          —

                                          —

                                          x

                                          x

                                          —

                                          —

                                          Turkey

                                          TR-BIO-154

                                          x

                                          —

                                          x

                                          x

                                          x

                                          x

                                          Uganda

                                          UG-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Ukraine

                                          UA-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          United Arab Emirates

                                          AE-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Uzbekistan

                                          UZ-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Vanuatu

                                          VU-BIO-154

                                          x

                                          —

                                          —

                                          —

                                          —

                                          x

                                          Vietnam

                                          VN-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Zambia

                                          ZM-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Zimbabwe

                                          ZW-BIO-154

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: in-conversion products, products covered by Annex III

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (9)

                  the text relating to ‘IMO Control Latinoamérica Ltda.’ is replaced by the following:
                  ‘“IMO Control Latinoamérica Ltda.”

                              1.

                              Address: Calle Pasoskanki 2134, Cochabamba, Bolivia

                              2.

                              Internet address: http://www.imo.ch

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Bolivia

                                          BO-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Colombia

                                          CO-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Dominican Republic

                                          DO-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Ecuador

                                          EC-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Guatemala

                                          GT-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Haiti

                                          HT-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Mexico

                                          MX-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Nicaragua

                                          NI-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Peru

                                          PE-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Paraguay

                                          PY-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          El Salvador

                                          SV-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Venezuela

                                          VE-BIO-123

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: In-conversion products, wine

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (10)

                  the text relating to ‘Lacon GmbH’ is replaced by the following:
                  ‘“LACON GmbH”

                              1.

                              Address: Brünnlesweg 19, 77654 Offenburg, Germany

                              2.

                              Internet address: http://www.lacon-institut.com

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Azerbaijan

                                          AZ-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Bangladesh

                                          BD-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Brazil

                                          BR-BIO-134

                                          —

                                          x

                                          —

                                          —

                                          —

                                          —

                                          Burkina Faso

                                          BF-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Croatia

                                          HR-BIO-134

                                          x

                                          x

                                          —

                                          x

                                          —

                                          —

                                          Ghana

                                          GH-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          India

                                          IN-BIO-134

                                          —

                                          x

                                          —

                                          —

                                          —

                                          —

                                          Kazakhstan

                                          KZ-BIO-134

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Madagascar

                                          MG-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Mali

                                          ML-BIO-134

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Mexico

                                          MX-BIO-134

                                          x

                                          x

                                          —

                                          —

                                          —

                                          —

                                          Morocco

                                          MA-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Namibia

                                          NA-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Nepal

                                          NP-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Russia

                                          RU-BIO-134

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          Serbia

                                          RS-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          South Africa

                                          ZA-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Togo

                                          TG-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Turkey

                                          TR-BIO-134

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                                          Ukraine

                                          UA-BIO-134

                                          x

                                          —

                                          —

                                          —

                                          —

                                          —

                                          United Arab Emirates

                                          AE-BIO-134

                                          —

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: In-conversion products, wine, products covered by Annex III

                              5.

                              Duration of inclusion in the list: until 30 June 2015.’;

                  (11)

                  After the text relating to ‘Organic Certifiers’, the following text is inserted
                  ‘“Organic Control System”

                              1.

                              Address: Trg cara Jovana Nenada 15, 24000 Subotica, Srbija

                              2.

                              Internet address: www.organica.rs

                              3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Serbia

                                          RS-BIO-162

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —

                              4.

                              Exceptions: in-conversion products, wine

                              5.

                              Duration of inclusion in the list: until 30 June 2016.’.

         (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence.

         (2)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence.


title: Commission Implementing Regulation (EU) 2016/664 of 26 April 2016 concerning the classification of certain goods in the Combined Nomenclature

text:
               29.4.2016

               EN

               Official Journal of the European Union

               L 115/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/664
   of 26 April 2016
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 April 2016.

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN-code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A portable battery-operated apparatus for capturing and recording video images, with dimensions of approximately 10 × 5 × 2 cm, of a weight of approximately 120 g, comprising:

                              —

                              camera lens,

                              —

                              an LCD display with a diagonal measurement of the screen of approximately 5 cm (2 inches),

                              —

                              a microphone,

                              —

                              a loudspeaker,

                              —

                              a processor,

                              —

                              an internal Li-ion battery,

                              —

                              an internal memory with a capacity of up to 8 GB,

                              —

                              a built-in (‘flip out’) USB connector,

                              —

                              an HDMI output,

                              —

                              a built-in CMOS image sensor.

                        The apparatus offers a 2-step digital zoom function. It is capable of recording video images at a resolution of 1 280  × 720 pixels at a rate of 30 frames per second for a maximum of 2 hours. It is not capable of capturing still images.
                  Video images recorded by the apparatus can be either transferred to an automatic data-processing (ADP) machine via the in-built USB interface or to a television set via a micro HDMI cable.
                  Upon presentation, video files can also be transferred to the apparatus from an ADP machine via the in-built USB interface. The apparatus can also be used as a removable storage device.

                  8525 80 99

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8525 , 8525 80  and 8525 80 99 .
                  As the apparatus is only capable of recording video images, classification as a digital camera under CN code 8525 80 30  is excluded. The fact that the apparatus has no optical zoom function does not prevent its classification as video camera recorder. (see Case C-178/14, Vario Tek, ECLI:EU:C:2015:152, para. 17-29). Given its objective characteristics, the apparatus is a video camera recorder.
                  Video files can be transferred and stored to the apparatus from an ADP machine and the apparatus is capable of performing this function autonomously without any modifications. Therefore, the apparatus is considered to be able to record video files from sources other than the incorporated television camera. (See Case C-178/14, Vario Tek, ECLI:EU:C:2015:152, para. 30-39).
                  Classification under CN code 8525 80 91  as video camera recorders only able to record sound and images taken by the television camera is consequently excluded.
                  It is therefore to be classified under CN code 8525 80 99  as other video camera recorders.