title: Commission Implementing Regulation (EU) 2019/2128 of 12 November 2019 establishing the model official certificate and rules for issuing official certificates for goods which are delivered to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers, or to NATO or a United States’ military base (Text with EEA relevance)

text:
                  12.12.2019

                  EN

                  Official Journal of the European Union

                  L 321/114

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2128
         of 12 November 2019
         establishing the model official certificate and rules for issuing official certificates for goods which are delivered to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers, or to NATO or a United States’ military base
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Articles 77(3)(a), 90(a) and (f) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2017/625 establishes the rules with which the competent authorities of the Member States must comply when performing official controls on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation.

                     (2)

                     Commission Delegated Regulation (EU) 2019/2124 (2) lays down rules for the official controls of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products from third countries, that are stored in warehouses located in the Union territory, and that are to be delivered either to a NATO or United States’ military base located in the Union territory or in a third country, or to a vessel leaving the Union and intended for ship supply or consumption by the crew and passengers.

                     (3)

                     Delegated Regulation (EU) 2019/2124 in particular provides that those consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products must be accompanied by an official certificate when leaving the warehouse.

                     (4)

                     Delegated Regulation (EU) 2019/2124 also provides that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products from third countries that are destined for a vessel leaving the Union must be accompanied by an official certificate when transported from the border control post to the vessel.

                     (5)

                     For reasons of clarity and consistency, it is appropriate to establish a single model official certificate for consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products from third countries destined for delivery to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers, or to NATO or United States’ military bases located in the Union territory or in a third country.

                     (6)

                     Frequently, the content of consignments is formed at warehouses. Such consignments may consist of goods that are derived from several consignments of different origins or product categories. In order to reduce administrative burdens, a single official certificate should be used for the goods in the newly formed consignments. The traceability of goods should be assured by indicating in the official certificate the number of the Common Health Entry Document (CHED) accompanying the original consignments from which the goods are derived.

                     (7)

                     The official certificate may be issued by the competent authorities either in paper or in electronic format. Therefore, it is appropriate to establish requirements as regards the issuance of the official certificate in both cases.

                     (8)

                     For the purpose of consistency, the rules applying to the issuance of electronic certificates and to the use of an electronic signature for official certificates laid down in Commission Implementing Regulation (EU) 2019/1715 (3) should also apply to the model official certificate established in this Regulation.

                     (9)

                     Model certificates are included in the electronic system TRACES, set up by Commission Decision 2003/623/EC (4) and Commission Decision 2004/292/EC (5) to facilitate and accelerate administrative procedures at Union borders and at customs warehouses and to enable electronic communication between the parties involved. Accordingly, the format of the model official certificate laid down in this Regulation and the notes on its completion should be adapted to the TRACES system.

                     (10)

                     In accordance with Article 133(4) of Regulation (EU) 2017/625, the TRACES system is to be integrated into the Information Management System for Official Controls (IMSOC). The model official certificate laid down in this Regulation should therefore be adapted to IMSOC.

                     (11)

                     Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date.

                     (12)

                     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
            Definition
            For the purposes of this Regulation, the definition of ‘warehouse’ set out in Article 2(3) of Delegated Regulation (EU) 2019/2124 shall apply.

            Article 2
            Model official certificate

               1.   For the purposes of Article 21(1) and Article 29(c) of Delegated Regulation (EU) 2019/2124, the model official certificate set out in Part I of the Annex to this Regulation shall be used for the official certification of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products which are delivered:

                           (a)

                           to vessels leaving the Union territory and intended for ship supply or consumption by the crew and passengers; or

                           (b)

                           from a warehouse located in the Union territory to NATO or United States’ military bases located in the Union territory or in a third country.

                     The official certificate may be issued in paper format or electronically through IMSOC.

               2.   Where the content of consignments is formed at a warehouse and composed of products of different origins or product categories, one single official certificate may be issued to accompany such consignment.

            Article 3
            Requirements for official certificates which are not submitted in IMSOC
            Official certificates which are not submitted in IMSOC shall meet the following requirements:

                        1.

                        in addition to the signature of the certifying officer, the official certificate shall bear an official stamp. The colour of the signature and stamp shall be different to the colour of the printing.

                        2.

                        where the official certificate contains statements, statements which are not relevant shall be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate.

                        3.

                        the official certificate shall consist of:

                                    (a)

                                    a single sheet of paper; or

                                    (b)

                                    several sheets of paper where all sheets are indivisible and constitute an integral whole; or

                                    (c)

                                    a sequence of pages numbered so as to indicate that it is a particular page in a finite sequence.

                        4.

                        Where the official certificate consists of a sequence of pages, each page must indicate the unique code as referred to in Article 89(1)(a) of Regulation (EU) 2017/625 and bear the signature of the certifying officer and the official stamp.

                        5.

                        The official certificate shall be issued before the consignments to which it relates leave the control of the competent authorities at the border control post or at the warehouse.

            Article 4
            Requirements for official certificates submitted in IMSOC and for the use of electronic signature

               1.   Official certificates submitted in IMSOC shall be based on the model official certificate laid down in Part 1 of the Annex to this Regulation.

               2.   The official certificate shall be submitted in IMSOC before the consignments to which it relates leave the control of the competent authorities at the border control post or at the warehouse.

               3.   Official certificates submitted in IMSOC shall meet the requirements for the issuance of electronic official certificate and for the use of electronic signature laid down in Article 39 of Implementing Regulation (EU) 2019/1715.

            Article 5
            Notes on the completion of the official certificate
            The official certificate shall be completed by reference to the notes set out in Part 2 of the Annex to this Regulation.

            Article 6
            Entry into force and date of application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 14 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 95, 7.4.2017, p. 1.

            (2)  Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation, amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC (see page 73 of this Official Journal).

            (3)  Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (‘the IMSOC Regulation’) (OJ L 261, 14.10.2019, p. 37).

            (4)  Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as Traces (OJ L 216, 28.8.2003, p. 58).

            (5)  Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).

            ANNEX
            PART 1

               Model of official certificate accompanying consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products from third countries which are delivered to vessels leaving the Union or to NATO or United States’ military bases

            PART 2

               Notes for the completion of the model official certificate

               General

            To positively indicate any option, please tick or mark the relevant box with a cross (X).
            “ISO code” refers to the international standard two-letter code used to refer to a country, in accordance with the international standard ISO 3166 alpha-2 (1).
            Whenever a box allows for the choice of one or more options, only those options will be displayed in the electronic version of the official certificate.

               Part I: Details of the dispatched consignment

                        Box I.1.

                        Border control post/Competent authority: indicate the name of the border control post (BCP) or of the competent authority issuing the official certificate, as appropriate, and their TRACES reference number.

                        Box I.2.

                        Certificate reference number: the unique mandatory code assigned by the competent authority issuing the official certificate in accordance with its own classification. This box is compulsory for all certificates not submitted in IMSOC.

                        Box I.2.a

                        IMSOC reference number: the unique reference code automatically assigned by IMSOC if the certificate is registered in IMSOC. Do not complete this box if the certificate is not submitted in IMSOC.

                        Box I.3.

                        Consignor: in the case of dispatch from a warehouse, indicate the name and address (street, city and region, province or state, registration/approval No, as appropriate) of the warehouse from which the consignment is dispatched. Do not complete this box if the consignment is dispatched directly from a border control post.

                        Box I.4.

                        Operator responsible for the consignment: the name and address (street, city and region, province or state, registration/approval No, as appropriate) of the natural or legal person who is responsible in the Union for the delivery of the consignment to the place of destination.

                        Box I.5.

                        Place of destination (vessel): indicate the name of the vessel for which the consignment is intended, vessel International Maritime Organisation (IMO) number, name of port, name and ISO code of the Member State of destination of goods. Do not complete this box if the official certificate is issued for delivery of the consignment to the NATO or United States’ military base located in the Union territory or in a third country.

                        Box I.6.

                        Place of destination (NATO/United States’ military base): indicate the name of the NATO/United States’ military base of destination situated in the Union territory, the name and ISO code of the Member State where the NATO or United States’ military base of destination is located.
                        If the destination is a NATO/United States’ military base located in a third country, only the border control post of exit from the Union must be indicated in this box.
                        Do not complete this box if the official certificate is issued for delivery to vessels leaving the Union.

                        Box I.7.

                        Means of transport:
                        Identification number(s): for aeroplanes; indicate the flight number, for vessels; the ship name(s), for railways; the train identity and wagon number, for road transports; the registration number plate with the trailer number plate if appropriate. For containerized consignments, the trailer number plate is not obligatory if the container number has been indicated.
                        In the case of transport by ferry, indicate the identification of the road vehicle, the registration number plate with trailer number plate if appropriate, and the name of the scheduled ferry.

                        Container No:

                        if applicable, corresponding numbers. The container number must be indicated if the goods are transported in closed containers.

                        Seal No:

                        Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the certificate.

                        Box I.8.

                        Description of goods:
                        Description of goods and product type: indicate the relevant Combined Nomenclature (CN) code, and the title as referred to in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2).
                        Country of origin: indicate the country of origin of the goods.
                        Reference of CHED of origin: indicate the reference of the CHED for the consignment from which the relevant number of boxes of the product are derived.
                        The information under this box may also be provided in a supporting document to be attached to the official certificate. In such a case, the box ‘Supporting document’ must be filled in, including the reference number of the supporting document(s).

                        Box I.9.

                        Total number of packages: indicate the number of boxes or of packages of goods. In the case of bulk consignments, this box is optional.

                        Box I.10.

                        Total net weight in kilogrammes: this is defined as the mass of the goods themselves without immediate containers or any packaging.

                        Box I.11.

                        Date and time of departure: indicate the date and time of the intended departure of the means of transport from the border control post or warehouse.

               Part II: Declaration

            This part must be completed by an official veterinarian or an official inspector of the competent authority at the border control post or at the warehouse.

               Part III: Confirmation of arrival of consignment

            This part must be completed by:

                        —

                        in case the destination is a vessel leaving the Union; the competent authority at the port of destination or by the official representative of the master of the vessel;

                        —

                        in case the destination is a NATO/United States’ military base situated in the Union territory; the competent authority responsible for controls at the NATO/United States’ military base;

                        —

                        in case the destination is a NATO/United States’ military base located in a third country; the competent authority at the border control post of exit.

               (1)  List of country names and code elements under: http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm

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


title: Commission Implementing Regulation (EU) 2019/2129 of 25 November 2019 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union (Text with EEA relevance)

text:
                  12.12.2019

                  EN

                  Official Journal of the European Union

                  L 321/122

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2129
         of 25 November 2019
         establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular points (a) and (c) of the first subparagraph of Article 54(3) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2017/625 establishes rules on the performance of official controls by the competent authorities of the Member States on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation.

                     (2)

                     Article 54(3) of Regulation (EU) 2017/625 empowers the Commission to establish rules for the uniform application of the appropriate frequency rate for identity checks and physical checks on consignments of the categories of animals and goods referred to in Article 47(1)(a) and (b) of that Regulation. Therefore the frequency rates on identity checks and physical checks should be established depending on the risk posed by each animal, good or category of animals or goods to human, animal or plant health, animal welfare or, as regards genetically modified organisms and also to the environment.

                     (3)

                     To ensure that the frequency rates of physical checks required pursuant to this Regulation are complied with in a uniform manner, provision should be made in this Regulation to make use of the information management system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625 for the selection of consignments for physical checks.

                     (4)

                     The frequency rates established in accordance with this Regulation should be applicable for the animals and goods referred to in Article 47(1)(a) and (b) of Regulation (EU) 2017/625 intended to be placed on the market. However, the frequency of physical checks carried out at border control posts to ascertain compliance with Regulation (EU) 2018/848 of the European Parliament and of the Council (2) should be determined in accordance with Article 45(5) of that Regulation.

                     (5)

                     Council Directive 91/496/EEC (3) lays down rules governing the organisation of veterinary checks on animals entering the Union from third countries. Article 4 of that Directive provides that each consignment of animals should be subject to identity checks and physical checks.

                     (6)

                     Directive 91/496/EEC is repealed by Regulation (EU) 2017/625 with effect from 14 December 2019. Taking into account the risk posed by certain categories of animals to human or animal health and animal welfare, the same frequency rates of identity checks and physical checks should continue to apply to animals entering the Union from third countries as those laid down in or in accordance with Directive 91/496/EEC.

                     (7)

                     To ensure the effectiveness of the official controls, identity checks and physical checks should be carried out in such a way that it is not possible for the operator responsible for the consignment to predict whether any particular consignment will be subject to physical checks.

                     (8)

                     Article 3 of Commission Implementing Regulation (EU) 2019/2130 (4) establishes detailed rules on identity checks for goods referred to in point (b) of Article 47(1) of Regulation (EU) 2017/625, according to whether the consignment is subject to physical checks or not.

                     (9)

                     The baseline criteria for determining the baseline frequency rates for the identity checks and physical checks performed on products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products should be established taking into account information regarding the risks associated with the categories of animals or goods and available scientific assessments.

                     (10)

                     Based on information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625, on the outcome of controls performed by Commission experts in third countries in accordance with Article 120(1) of that Regulation and on information collected through the IMSOC, it should be possible to modify the frequency rates for physical checks resulting from the baseline criteria.

                     (11)

                     To ensure the efficiency of official controls, the frequency rates determined in accordance with this Regulation should be made available through the IMSOC.

                     (12)

                     For certain third countries with which the Union has concluded veterinary agreements on equivalency, it is appropriate to reduce the frequency of physical checks on certain products, taking into account, inter alia, the application of the regionalisation principle in the case of animal disease, and of other veterinary principles. Therefore, the frequency rates for physical checks specified in these veterinary agreements should apply for the purpose of this Regulation.

                     (13)

                     Commission Decision 94/360/EC (5) establishes reduced frequency rates of physical checks for certain categories of goods subject to veterinary checks. Since this Regulation lays down provisions in the areas covered by Decision 94/360/EC, that Decision should be repealed with effect from the date specified in this Regulation.

                     (14)

                     Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date.

                     (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
            Subject matter and scope
            This Regulation lays down rules for the uniform application of the appropriate frequency rate of identity checks and physical checks on consignments of animals and goods referred to in Article 47(1)(a) and (b) of Regulation (EU) 2017/625 intended to be placed on the market.

            Article 2
            Definitions
            For the purpose of this Regulation,

                        1.

                        ‘frequency rate’ means the minimum percentage of consignments of animals and goods referred to in Article 1, determined in accordance with this Regulation, of the number of consignments arrived at the border control post during an identified period, for which identity checks and physical checks are to be carried out by the competent authorities;

                        2.

                        ‘IMSOC’ means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.

            Article 3
            Selection of consignments for physical checks

               1.   The competent authorities shall select consignments for physical checks in accordance with the following procedure:

                           (a)

                           a random selection of a consignment is automatically generated by the IMSOC;

                           (b)

                           the competent authorities may decide to select the consignment in accordance with point (a) or to select a different consignment of the same category of goods and the same origin of goods.

               2.   For each consignment selected for physical checks in accordance with paragraph 1 of this Article, the competent authorities shall perform identity checks as referred to in Article 3(1) of Implementing Regulation (EU) 2019/2130.

            Article 4
            Frequency rates for identity checks and physical checks

               1.   The competent authorities shall perform identity checks and physical checks on consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at the frequency rates determined in accordance with Article 5.

               2.   For the third countries listed in Annex II with which the Union has concluded agreements of equivalence, physical checks shall be carried out according to the frequency rates established by these agreements.

            Article 5
            Determination and modification of frequency rates for identity checks and physical checks performed on animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

               1.   The baseline frequency rates for identity checks and for physical checks on consignments of animals and goods referred to in Article 1 are set out in Annex I to this Regulation, based on the scientific assessments and information referred to in points (a)(v) and (vi) of the first subparagraph of Article 54(3) of Regulation (EU) 2017/625.

               2.   The frequency rate for physical checks on specific goods from a specific third country may be increased where serious deficiencies are identified based on:

                           (a)

                           information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625; or

                           (b)

                           the outcome of controls performed by Commission experts in accordance with Article 120(1) of Regulation (EU) 2017/625.
                           In this case, the frequency rate determined in accordance with paragraph 1 is increased to the next higher baseline frequency rate set out in Annex I or to a frequency rate of 50 % where the frequency rate applicable to the specific category of goods is at 30 %,

               3.   The frequency rate of physical checks shall be increased from the baseline frequency rate determined in accordance with paragraph 1 to the next higher baseline frequency rate set out in Annex I, or to a frequency rate of 50 % if the frequency rate applicable to the specific category of goods is at 30 %, where data and information collected via the IMSOC indicate for specific goods from a specific third country a level of non-compliance with respect to physical checks in the last 12 months, for the same category of goods, which exceeds by 30 % the average rate of non-compliance for the same category of goods from all third countries.

               4.   Where the criteria referred to in paragraph 2 or in paragraph 3 are no longer met, the frequency rate shall be reduced to the respective baseline frequency rate set out in Annex I.

               5.   The Commission shall make frequency rates determined in accordance with this Article available to competent authorities and to operators through the IMSOC.

            Article 6
            Repeals
            Decision 94/360/EC is repealed with effect from 14 December 2019.

            Article 7
            Entry into force and date of application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 14 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 25 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 95, 7.4.2017, p. 1.

            (2)  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).

            (3)  Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56).

            (4)  Commission Implementing Regulation (EU) 2019/2130 of 25 November 2019 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts (see page 128 of this Official Journal).

            (5)  Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC (OJ L 158, 25.6.1994, p. 41).

            ANNEX I

               Baseline criteria for determining the baseline frequency rates for the identity checks and physical checks of the consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

                           Baseline criteria for determining baseline frequency rates for identity checks and physical checks

                           Baseline frequency rates that apply to

                           Risk category

                           Category of animals or goods
                            (*1)

                           identity checks

                           physical checks

                           I

                        Animals

                           100 %

                           100 %

                           II

                                    —

                                    Minced meat, mechanically separated meat and meat preparations for human consumption (HC)

                                    —

                                    Poultry meat for HC

                                    —

                                    Rabbit meat, game meat, and their meat products for HC

                                    —

                                    Eggs for HC

                                    —

                                    Egg products for HC which are preserved at frozen or chilled temperatures

                                    —

                                    Milk for HC

                                    —

                                    Dairy products and colostrum-based products for HC, which are preserved at frozen or chilled temperatures

                                    —

                                    Fishery products from aquaculture and bivalve molluscs for HC, which are not in hermetically sealed containers intended to render them stable at ambient temperature

                                    —

                                    Animal by-products and derived products, for feeding of farmed animals

                           100 %

                           30 %

                           III

                                    —

                                    Meat other than meat mentioned in Category II, and meat products derived from such meat, for HC

                                    —

                                    Rendered animal fat and greaves for HC

                                    —

                                    Poultry meat products for HC

                                    —

                                    Egg products for HC, other than those mentioned in Category II

                                    —

                                    Dairy products and colostrum-based products for HC other than those mentioned in Category II

                                    —

                                    Fishery products other than those mentioned in Category II

                                    —

                                    Honey and other apiculture products for HC

                                    —

                                    Composite products

                                    —

                                    Hatching eggs

                                    —

                                    Organic fertilisers and soil improvers, derived from animal by-products

                                    —

                                    Frog legs and snails for HC

                                    —

                                    Insects for HC

                           100 %

                           15 %

                           IV

                                    —

                                    Gelatine and collagen for HC

                                    —

                                    Casings

                                    —

                                    Semen and embryos

                                    —

                                    Animal by-products and derived products, other than those mentioned in Category II and Category III

                           100 %

                           5 %

                           V

                                    —

                                    Highly refined products for HC

                                    —

                                    Hay and straw

                                    —

                                    Other goods than those mentioned in Category II, Category III and Category IV

                           100 %

                           1 %

               (*1)  The frequency rates for physical checks of consignments of trade samples shall be in accordance with the description of the categories of goods provided in this Annex.

            ANNEX II

               List of certain third countries referred to in Article 4(2) and frequencies of physical checks

            1.   New Zealand

            In the case of New Zealand, the frequencies shall be those provided for in the Agreement which was approved by Council Decision 97/132/EC (1) in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products.
            2.   Canada

            In the case of Canada, the frequencies shall be those provided for in Annex VIII to the Agreement which was approved by Council Decision 1999/201/EC (2).
            3.   Chile

            In the case of Chile, the frequencies shall be those provided for in the Agreement on Sanitary and Phytosanitary Measures applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal Welfare set out in Annex IV to the Association Agreement which was approved by Council Decision 2002/979/EC (3).

               (1)  Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (OJ L 57, 26.2.1997, p. 4).

               (2)  Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (OJ L 71, 18.3.1999, p. 1).

               (3)  Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 1).


title: Commission Implementing Regulation (EU) 2019/2171 of 17 December 2019 initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2019/1267 on imports of tungsten electrodes originating in the People’s Republic of China by imports of tungsten electrodes consigned from India, Laos and Thailand, whether declared as originating in India, Laos and Thailand or not, and making such imports subject to registration

text:
                  19.12.2019

                  EN

                  Official Journal of the European Union

                  L 329/86

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2171
         of 17 December 2019
         initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2019/1267 on imports of tungsten electrodes originating in the People’s Republic of China by imports of tungsten electrodes consigned from India, Laos and Thailand, whether declared as originating in India, Laos and Thailand or not, and making such imports subject to registration
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Articles 13(3) and 14(5) thereof,
         After having informed the Member States,
         Whereas:
         A.   EX-OFFICIO INVESTIGATION

                     (1)

                     The European Commission (‘the Commission’) has decided, on its own initiative, pursuant to Articles 13(3) and 14(5) of the basic Regulation, to investigate the possible circumvention of the anti-dumping measures imposed on imports of tungsten electrodes originating in the People’s Republic of China and to make such imports subject to registration.

               B.   PRODUCT

                     (2)

                     The product concerned by the possible circumvention is tungsten welding electrodes, including tungsten bars and rods for welding electrodes, containing 94 % or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, falling at the time of the entry into force of Commission Implementing Regulation (EU) 2019/1267 (2) under CN codes ex 8101 99 10 and ex 8515 90 80 (TARIC codes 8101991010 and 8515908010) and originating in the People’s Republic of China (‘the product concerned’). This is the product to which the measures that are currently in force apply.

                     (3)

                     The product under investigation is the same as that defined in the previous recital, but consigned from India, Laos and Thailand, whether declared as originating in India, Laos and Thailand or not, currently falling within the same CN codes as the product concerned (the product under investigation).

               C.   EXISTING MEASURES

                     (4)

                     The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Implementing Regulation (EU) 2019/1267 (‘the existing measures’).

               D.   GROUNDS

                     (5)

                     The Commission has at its disposal sufficient evidence that the existing anti-dumping measures on imports of the product concerned originating in the People’s Republic of China are being circumvented by imports of the product under investigation.

                     (6)

                     The evidence at the Commission’s disposal is as follows.

                     (7)

                     The data reported to the Commission by the Member States on the import trade in products subject to investigation and to measures in accordance with Article 14(6) of the basic Regulation, preliminarily shows that a significant change in the pattern of trade involving exports from the People’s Republic of China and India, Laos and Thailand to the Union has taken place following the imposition of measures on the product concerned. This change appears without sufficient due cause or economic justification for such a change other than the imposition of the duty.

                     (8)

                     That change appears to stem from the transhipment of the product concerned originating in the People’s Republic of China via India, Laos and Thailand to the Union. The Commission is in possession of sufficient evidence establishing that there are no facilities to produce tungsten electrodes in any of these countries.

                     (9)

                     Furthermore, the Commission has sufficient evidence at its disposal to establish that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

                     (10)

                     Finally, the Commission has acquired sufficient evidence to conclude that the prices of the product under investigation are dumped in relation to the normal value previously established for the product concerned.

                     (11)

                     Should circumvention practices via India, Laos and Thailand covered by Article 13 of the basic Regulation, other than transhipment, be identified in the course of the investigation, the investigation may also cover these practises.

               E.   PROCEDURE

                     (12)

                     In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the product under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.

                     (13)

                     In order to obtain the information necessary for this investigation, all interested parties should contact the Commission forthwith, but not later than the time-limit set in Article 3(2) of this Regulation. The time-limit set in Article 3(2) of this Regulation applies to all interested parties. Information, as appropriate, may also be sought from the Union industry.

                     (14)

                     The authorities of India, Laos, Thailand and the People’s Republic of China will be notified of the initiation of the investigation.

               (a)   Collection of information and holding of hearings

                     (15)

                     All interested parties including the Union industry, importers and any relevant association are invited to make their views known in writing and to provide supporting evidence provided that such submissions are made within the deadline provided for in Article 3(2) of this Regulation. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

               (b)   Exemption from registration of imports or measures and questionnaires

                     (16)

                     In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

                     (17)

                     Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the product under investigation in India, Laos and Thailand that can show that they are not engaged in circumvention practices as defined in Articles 13(1) and 13(2) of the basic Regulation. Producers, if any, wishing to obtain an exemption should come forward within the time-limit indicated in Article 3(1) of this Regulation. A questionnaire is available in the file for inspection by interested parties and on DG Trade’s website: http://trade.ec.europa.eu/tdi/case_details.cfm?id=2427, which has to be submitted within the time-limit indicated in Article 3(2) of this Regulation.

               F.   REGISTRATION

                     (18)

                     Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.

               G.   TIME-LIMITS

                     (19)

                     In the interest of sound administration, time-limits should be stated within which:

                                 —

                                 interested parties may make themselves known to the Commission, present their views in writing or any other information to be taken into account during the investigation,

                                 —

                                 producers in India, Laos and Thailand may request exemptions from registration of imports or measures,

                                 —

                                 interested parties may make a written request to be heard by the Commission.

                     (20)

                     Attention is drawn to the fact that the exercise of procedural rights set out in the basic Regulation depends on parties making themselves known within the time-limits laid down in Article 3 of this Regulation.

               H.   NON-COOPERATION

                     (21)

                     If any interested party refuses access to or does not provide the necessary information within the time-limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available in accordance with Article 18 of the basic Regulation.

                     (22)

                     Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available in accordance with Article 18 of the basic Regulation.

                     (23)

                     If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               I.   SCHEDULE OF THE INVESTIGATION

                     (24)

                     The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of entry into force of this Regulation.

               J.   PROCESSING OF PERSONAL DATA

                     (25)

                     It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (3).

               K.   HEARING OFFICER

                     (27)

                     Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

                     (28)

                     The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.

                     (29)

                     Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in section 5.7 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

                     (30)

                     For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG TRADE’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/,

               HAS ADOPTED THIS REGULATION:

            Article 1
            An investigation is initiated pursuant to Article 13(3) of Regulation (EU) 2016/1036, in order to determine if imports into the Union of tungsten welding electrodes, including tungsten bars and rods for welding electrodes, containing 94 % or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, currently falling under CN codes ex 8101 99 10 and ex 8515 90 80 (TARIC codes 8101991011, 8101991012, 8101991013 and 8515908011, 8515908012 and 8515908013) consigned from India, Laos, and Thailand, whether declared as originating in India, Laos and Thailand or not, are circumventing the measures imposed by Implementing Regulation (EU) 2019/1267.

            Article 2

               1.   The customs authorities of the Member States shall, pursuant to Article 13(3) and Article 14(5) of Regulation (EU) 2016/1036, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.

               2.   Registration shall expire nine months following the date of entry into force of this Regulation.

               3.   The Commission may direct customs authorities to cease registration in respect of imports into the Union of products made by exporters/producers having applied for an exemption from registration and having been found to fulfil the conditions for an exemption to be granted.

            Article 3

               1.   Interested parties must make themselves known by contacting the Commission within 15 days from the date of entry into force of this Regulation.

               2.   Interested parties, if their representations are to be taken into account during the investigation, must present their views in writing and submit questionnaire replies, in case an exemption is requested from registration of imports or measures, or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

               3.   Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

               4.   Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.

               5.   All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (4). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

               6.   Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of Regulation (EU) 2016/1036, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

               7.   If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

               8.   Interested parties are invited to make all submissions and requests via TRON.tdi (https://webgate.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets.
               In order to have access to TRON.tdi, interested parties need an EU Login account. Full instructions on how to register and use TRON.tdi are available on https://webgate.ec.europa.eu/tron/resources/documents/gettingStarted.pdf.
               By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf.
               The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.
               Commission address for correspondence:

                           European Commission

                           Directorate-General for Trade

                           Directorate H

                           Office: CHAR 04/039

                           1049 Brussels

                           BELGIUM

                     TRON.tdi: https://webgate.ec.europa.eu/tron/tdi
               Email: TRADE-R710@ec.europa.eu

            Article 4
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 December 2019.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Regulation (EU) 2019/1267 of 26 July 2019 imposing a definitive antidumping duty on imports of tungsten electrodes originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 (OJ L 200, 29.7.2019, p. 4).

            (3)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

            (4)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).


title: Commission Implementing Regulation (EU) 2018/1685 of 8 November 2018 on uniform conditions for the transmission of time series for the new regional breakdown pursuant to Regulation (EC) No 1059/2003

text:
                  9.11.2018

                  EN

                  Official Journal of the European Union

                  L 279/33

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1685
         of 8 November 2018
         on uniform conditions for the transmission of time series for the new regional breakdown pursuant to Regulation (EC) No 1059/2003
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (1), and in particular Article 5(5) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1059/2003 provides the legal framework for the regional classification in order to enable the collection, compilation and dissemination of harmonised regional statistics in the Union.

                     (2)

                     The Commission has amended the common classification of territorial units for statistics (NUTS) by Regulation (EU) 2016/2066 (2) with effect from 1 January 2018.

                     (3)

                     The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Member States shall transmit to the Commission the time series for the new regional breakdown in accordance with the Annex.

            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, 8 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 154, 21.6.2003, p. 1 as last amended by Regulation (EU) 2017/2391 (OJ L 350, 29.12.2017, p. 1).

            (2)  Commission Regulation (EU) 2016/2066 of 21 November 2016 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 322, 29.11.2016, p. 1).

            ANNEX

               Required starting year by statistical domain

                        Domain

                        NUTS level 2

                        NUTS level 3

                        Agriculture

                        2013

                        Demography — population, live births, deaths

                        1990 (1)

                        1990 (1)

                        Labour market — employment, unemployment

                        2013

                        2013 (2)

                        Education

                        2013

                        Environment — waste treatment facilities

                        2014

                        Health — causes of death

                        1997 (3)

                        Health — infrastructure

                        1996 (2)

                        Health — patients

                        2003 (2)

                        Information society

                        2013 (2)

                        Regional economic accounts: Household accounts

                        2000

                        Regional economic accounts — Regional accounts

                        2000

                        2000

                        Science and technology — R & D expenditure and staff

                        2015

                        Tourism

                        2015

               (1)  Transmission is not mandatory for reference years 1990 to 2012.

               (2)  The transmission is not mandatory.

               (3)  Transmission is not mandatory for reference years 1997 to 2011.


title: Commission Implementing Regulation (EU) 2018/1686 of 8 November 2018 on the minimum selling price for skimmed milk powder for the 27th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
                  9.11.2018

                  EN

                  Official Journal of the European Union

                  L 279/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1686
         of 8 November 2018
         on the minimum selling price for skimmed milk powder for the 27th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
         Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

                     (2)

                     In the light of the tenders received for the 27th partial invitation to tender, a minimum selling price should be fixed.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the 27th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 6 November 2018, the minimum selling price shall be 125,10 EUR/100 kg.

            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 2018.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 206, 30.7.2016, p. 71.

            (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2018/1721 of 12 November 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Gailtaler Speck’ (PGI)]

text:
                  15.11.2018

                  EN

                  Official Journal of the European Union

                  L 287/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1721
         of 12 November 2018
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Gailtaler Speck’ (PGI)]
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Austria's application for the approval of amendments to the specification for the protected geographical indication ‘Gailtaler Speck’, registered under Commission Regulation (EC) No 1241/2002 (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 ‘Gailtaler Speck’ (PGI) 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, 12 November 2018.

                  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 1241/2002 of 10 July 2002 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Gailtaler Speck, Morbier, Queso Palmero or Queso de la Palma, Thrapsano extra virgin olive oil, Turrón de Agramunt or Torró d'Agramunt) (OJ L 181, 11.7.2002, p. 4).

            (3)  OJ C 195, 7.6.2018, p. 47.


title: Commission Implementing Regulation (EU) 2018/1963 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monzinger Niederberg’ (PDO)

text:
                  13.12.2018

                  EN

                  Official Journal of the European Union

                  L 316/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1963
         of 6 December 2018
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monzinger Niederberg’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Monzinger Niederberg’ sent by Germany and has published it in the Official Journal of the European Union (2).

                     (2)

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

                     (3)

                     In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Monzinger Niederberg’ should be protected and entered in the register referred to in Article 104 of that Regulation.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Monzinger Niederberg’ (PDO) is hereby protected.

            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 6 December 2018.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 302, 28.8.2018, p. 6.


title: Commission Implementing Regulation (EU) 2018/1968 of 12 December 2018 opening a tariff quota for the year 2019 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council

text:
                  13.12.2018

                  EN

                  Official Journal of the European Union

                  L 316/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1968
         of 12 December 2018
         opening a tariff quota for the year 2019 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (1), and in particular Article 16(1)(a) thereof,
         Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 3 thereof,
         Whereas:

                     (1)

                     Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 (3) (‘the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway’) and Protocol 3 to the Agreement on the European Economic Area (‘EEA Agreement’) (4) determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

                     (2)

                     Protocol 3 to the EEA Agreement provides for a zero rate of duty for waters containing added sugar or other sweetening matter or flavoured, classified under CN code 2202 10 00, and other non-alcoholic beverages, not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404, classified under CN codes 2202 91 00 and 2202 99.

                     (3)

                     The Union zero rate of duty for those waters and those other beverages has been temporarily, for an unlimited period of time, suspended for Norway by the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (5) (‘the Agreement in the form of an Exchange of Letters’). In accordance with the Agreement in the form of an Exchange of Letters, duty-free imports of goods with CN codes 2202 10 00, ex 2202 91 00 and ex 2202 99 that originate in Norway are to be allowed only within the limits of a duty-free quota. A duty is to be paid for imports that exceed the quota allocation.

                     (4)

                     Commission Implementing Regulation (EU) 2017/2310 (6) opened a tariff quota for the year 2018 for the import into the Union of goods classified under CN codes 2202 10 00, ex 2202 91 00 and ex 2202 99 originating in Norway.

                     (5)

                     The Agreement in the form of an Exchange of Letters requires that if the above mentioned tariff quota has been exhausted by 31 October of 2018, the tariff quota applicable from 1 January of the following year is to be increased by 10 %. According to data collected from the customs database ‘Quota 2’ (management of tariff quotas in accordance Commission Implementing Regulation (EU) 2015/2447 (7)), the annual quota for 2018 for certain waters and beverages opened by Implementing Regulation (EU) 2017/2310 was exhausted on 17 September 2018.

                     (6)

                     Therefore, an increased tariff quota should be opened for the waters and beverages in question from 1 January to 31 December 2019. The annual quota opened for 2018 by Implementing Regulation (EU) 2017/2310 was of a volume of 19,033 million litres. Hence, a quota for 2019 should be opened for a 10 % higher volume of 20,936 million litres.

                     (7)

                     The tariff quota opened by this Regulation should be managed in accordance with the relevant rules laid down in Implementing Regulation (EU) 2015/2447.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   From 1 January to 31 December 2019, the duty free tariff quota set out in the Annex is open for goods originating in Norway which are listed in that Annex, under the conditions specified therein.

               2.   The rules of origin laid down in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 shall apply to the goods listed in the Annex to this Regulation.

               3.   For quantities imported above the quota volume set out in the Annex, a preferential duty of 0,047 EUR/litre shall apply.

            Article 2
            The duty free tariff quota referred to in Article 1(1) shall be managed by the Commission in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

            Article 3
            This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 150, 20.5.2014, p. 1.

            (2)  OJ L 370, 17.12.2004, p. 70.

            (3)  OJ L 171, 27.6.1973, p. 2.

            (4)  OJ L 1, 3.1.1994, p. 3.

            (5)  OJ L 370, 17.12.2004, p. 72.

            (6)  Commission Implementing Regulation (EU) 2017/2310 of 13 December 2017 opening a tariff quota for the year 2018 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council (OJ L 331, 14.12.2017, p. 36).

            (7)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

            ANNEX

               Duty free tariff quota for 2019 applicable to imports into the Union of certain goods originating in Norway

                        Order No

                        CN code

                        TARIC code

                        Description of goods

                        Quota Volume

                        09.0709

                        2202 10 00

                                    –

                                    Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

                        20,936 million litres

                        ex 2202 91 00

                        10

                                    –

                                    Non-alcoholic beer containing sugar

                        ex 2202 99 11

                        11
                        19

                                    –

                                    Soya-based beverages with a protein content of 2,8 % or more by weight containing sugar (sucrose or invert sugar)

                        ex 2202 99 15

                        11
                        19

                                    –

                                    Soya-based beverages with a protein content of less than 2,8 % by weight; beverages based on nuts of Chapter 8, cereals of Chapter 10 or seeds of Chapter 12 containing sugar (sucrose or invert sugar)

                        ex 2202 99 19

                        11
                        19

                                    –

                                    Other non-alcoholic beverages containing sugar (sucrose or invert sugar)


title: Commission Implementing Regulation (EU) 2018/1964 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ (PDO)

text:
                  13.12.2018

                  EN

                  Official Journal of the European Union

                  L 316/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1964
         of 6 December 2018
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ sent by Germany and has published it in the Official Journal of the European Union (2).

                     (2)

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

                     (3)

                     In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ should be protected and entered in the register referred to in Article 104 of that Regulation.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ (PDO) is hereby protected.

            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, 6 December 2018.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 277, 7.8.2018, p. 3.