title: Commission Implementing Regulation (EU) No 1065/2012 of 13 November 2012 concerning the authorisation of preparations of Lactobacillus plantarum (DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944) as feed additives for all animal species  Text with EEA relevance

text:
               14.11.2012

               EN

               Official Journal of the European Union

               L 314/15

         COMMISSION IMPLEMENTING REGULATION (EU) No 1065/2012
   of 13 November 2012
   concerning the authorisation of preparations of Lactobacillus plantarum (DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944) as feed additives for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable.

               (2)

               In accordance with Article 10(1) of Regulation (EC) No 1831/2003, the preparations of Lactobacillus plantarum DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944 were entered in the Community Register of Feed Additives as existing products belonging to the functional group of silage additives, for all animal species.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the authorisation of the preparations of Lactobacillus plantarum DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944 as feed additives for all animal species, requesting those additives to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 23 May 2012 (2) that, under the proposed conditions of use, the preparations of Lactobacillus plantarum DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944 do not have an adverse effect on animal health, human health or the environment. The preparations of Lactobacillus plantarum DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U and NCIMB 30094 have the potential to improve the production of silage from all forages by increasing the preservation of dry matter and reducing the pH. The preparation of Lactobacillus plantarum VTT E-78076 has the potential to improve the production of silage from easy and moderately difficult to ensile material by reducing the pH and ammonia nitrogen. The preparations of Lactobacillus plantarum ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944 have the potential to improve the production of silage from easy ensile material by reducing the pH and dry matter loss. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of the preparations of Lactobacillus plantarum DSM 23375, CNCM I-3235, DSM 19457, DSM 16565, DSM 16568, LMG 21295, CNCM MA 18/5U, NCIMB 30094, VTT E-78076, ATCC PTSA-6139, DSM 18112, DSM 18113, DSM 18114, ATCC 55943 and ATCC 55944 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annex to this Regulation.

               (6)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Authorisation
   The preparations specified in the Annex belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   Transitional measures
   The preparations specified in the Annex and feed containing them, which are produced and labelled before 4 June 2013 in accordance with the rules applicable before 4 December 2012 may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2012; 10(6):2732.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU/kg of fresh material

                     Category of technological additives. Functional group: silage additives

                  1k20716

                  —

                     Lactobacillus plantarum (DSM 23375)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 23375) containing a minimum of 2 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 23375)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20717

                  —

                     Lactobacillus plantarum (CNCM I-3235)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (CNCM I-3235) containing a minimum of 5 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (CNCM I-3235)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 2 × 107 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20718

                  —

                     Lactobacillus plantarum (DSM 19457)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 19457) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 19457)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 5 × 107 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20719

                  —

                     Lactobacillus plantarum (DSM 16565)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 16565) containing a minimum of 5 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 16565)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20720

                  —

                     Lactobacillus plantarum (DSM 16568)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 16568) containing a minimum of 5 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 16568)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20721

                  —

                     Lactobacillus plantarum (LMG 21295)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (LMG 21295) containing a minimum of 5 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (LMG 21295)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20722

                  —

                     Lactobacillus plantarum (CNCM MA 18/5U)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (CNCM MA 18/5U) containing a minimum of 2 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (CNCM MA 18/5U)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20723

                  —

                     Lactobacillus plantarum (NCIMB 30094)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (NCIMB 30094) containing a minimum of 5 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (NCIMB 30094)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 109 CFU/kg fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20724

                  —

                     Lactobacillus plantarum (VTT E-78076)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (VTT E-78076) containing a minimum of 1 × 1011 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (VTT E-78076)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 1 × 109 CFU/Kg fresh material.

                              3.

                              The additive shall be used in easy and moderately difficult to ensile material (2).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20725

                  —

                     Lactobacillus plantarum (ATCC PTSA-6139)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (ATCC PTSA-6139) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (ATCC PTSA-6139)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 2 × 107 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20726

                  —

                     Lactobacillus plantarum (DSM 18112)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 18112) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 18112)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 5 × 106 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20727

                  —

                     Lactobacillus plantarum (DSM 18113)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 18113) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 18113)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 2 × 107 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20728

                  —

                     Lactobacillus plantarum (DSM 18114)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (DSM 18114) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (DSM 18114)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 2 × 107 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20729

                  —

                     Lactobacillus plantarum (ATCC 55943)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (ATCC 55943) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (ATCC 55943)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 2 × 107 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

                  1k20730

                  —

                     Lactobacillus plantarum (ATCC 55944)

                                 Additive composition

                              Preparation of Lactobacillus plantarum (ATCC 55944) containing a minimum of 1 × 1010 CFU/g additive

                                 Characterisation of the active substance

                                 Lactobacillus plantarum (ATCC 55944)

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method using MRS agar (EN 15787)
                              Identification in the feed additive: pulsed-field gel electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature and storage life.

                              2.

                              Minimum dose of the additive when used without combination with other micro-organisms as silage additives: 5 × 106 CFU/kg fresh material.

                              3.

                              The additive shall be used in easy to ensile material (3).

                              4.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  4 December 2022

         (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx

         (2)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material (e.g. whole plant maize, ryegrass, brome grass or sugar beet pulp). Moderately difficult to ensile forages: 1,5-3,0 % soluble carbohydrate in fresh material (e.g. meadow grass, fescue or wilted alfalfa). Commission Regulation (EC) No 429/2008 (OJ L 133, 22.5.2008, p. 1).

         (3)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material (e.g. whole plant maize, ryegrass, brome grass or sugar beet pulp). Regulation (EC) No 429/2008.


title: Commission Implementing Regulation (EU) No 744/2011 of 28 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Karlovarské oplatky (PGI))

text:
               29.7.2011

               EN

               Official Journal of the European Union

               L 197/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 744/2011
   of 28 July 2011
   entering a name in the register of protected designations of origin and protected geographical indications (Karlovarské oplatky (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the third subparagraph of Article 7(5) thereof,
   Whereas:

               (1)

               Pursuant to Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application of 20 October 2004 to register the name ‘Karlovarské oplatky’ was published in the Official Journal of the European Union
                   (2).

               (2)

               Austria and Germany submitted objections to the registration pursuant to Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (b), (c) and (d) of the first subparagraph of Article 7(3) of that Regulation.

               (3)

               By letters dated 21 January 2008, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures.

               (4)

               Given that no agreement was reached between Austria and the Czech Republic nor between Germany and the Czech Republic within the designated timeframe, the Commission should adopt a decision in accordance with the procedure referred to in Article 15(2) of Regulation (EC) No 510/2006.

               (5)

               Concerning the alleged failure of compliance with Article 2 in respect of the delimitation of the geographical area and production within it, use of and characteristics of the thermal spring water, and the appearance of a graphic motif on the wafers, the national authorities responsible provided confirmation that these elements were correct and in addition no manifest error was identified. The national authorities further provided evidence to show the name ‘Karlovarské oplatky’ was used in the sense of Article 2(1)(b) of Regulation (EC) No 510/2006 and was proposed by the identified producer group.

               (6)

               The terms ‘Karlsbader Oblaten’ and ‘Karlovarské oplatky’ were found to be mutual translations of each other in the German and Czech languages respectively. The statements of objection from Germany showed that trade marks including the term ‘Karlsbader Oblaten’ had been registered prior to the application for registration of the term ‘Karlovarské oplatky’ as a protected geographical indication. Some evidence was provided to show that in a further instance, a name may have acquired the status of a trade mark established by use. Evidence was further provided to show that consumers in Germany associated the name ‘Karlsbader Oblaten’ with a certain type of wafer. However no evidence was provided in the statements of objection that consumers strongly associated the wafers with all or any of the trade marks as distinct from the descriptive term ‘Karlsbader Oblaten’, nor that consumers would be liable to be misled as to the true identity of a product marketed under the name ‘Karlovarské oplatky’. Therefore, the Commission cannot conclude that the registration of the name ‘Karlovarské oplatky’ would be contrary to Article 3(4) of Regulation (EC) No 510/2006.

               (7)

               As a salient part of the names ‘Karlsbader Oblaten’ and ‘Karlovarské oplatky’ is identical, it is reasonable to conclude that the names are partly identical for the purposes of Article 7(3)(c) of Regulation (EC) No 510/2006. Furthermore, as mutual translations of each other, and given the phonetic and visual similarities between the products and their common origins, the application of the protection envisaged by Article 13 of Regulation (EC) No 510/2006, and in particular point (b) of paragraph (1) thereof, could have the result that ‘Karlovarské oplatky’, if registered, would be found by a competent court to be protected against the use of the name ‘Karlsbader Oblaten’ on the wafers concerned. The evidence therefore shows that the continued existence of the name ‘Karlsbader Oblaten’ would be jeopardised by the registration of ‘Karlovarské oplatky’ within the meaning of point (c) of Article 7(3) of Regulation (EC) No 510/2006.

               (8)

               The statements of objection were declared admissible on the ground, inter alia, that registration of the proposed name would jeopardise the existence of a partly identical name, namely ‘Karlsbader Oblaten’, in so far that this name is used for a product and not protected under trade mark legislation. The evidence further shows that the name ‘Karlsbader Oblaten’ originated from producers in the town formerly known as Karlsbad and that production of the wafer so named has continued for a considerable period of time. Moreover, the evidence shows that the uses of the name ‘Karlsbader Oblaten’ referred to an authentic and traditional product having a common origin with ‘Karlovarské oplatky’, but was generally not meant to exploit the reputation of the latter name. For these reasons, and in the interests of fairness and traditional usage, the maximum transitional period foreseen by Article 13(3) of Regulation (EC) No 510/2006 should be foreseen.

               (9)

               Concerning trade marks containing the term ‘Karlsbader Oblaten’ that were protected through registration or acquired by use prior to the application for registration of ‘Karlovarské oplatky’, the conditions of Article 14(1) of Regulation (EC) No 510/2006 not being met, the said trade marks cannot be invalidated nor can their continued use be hindered by virtue of the registration of ‘Karlovarské oplatky’ as a protected geographical indication, provided the general requirements under trade mark legislation are otherwise met.

               (10)

               Concerning generic status, the evidence provided in the statements of objection referred to the alleged general use of the term ‘Karlsbader Oblaten’ in Germany and Austria, and not to that of ‘Karlovarské oplatky’. While the objections have provided evidence to show that a number of uses as general descriptive terms exist including the German mention ‘Karlsbader Oblaten’, no evidence has been provided that the name ‘Karlovarské oplatky’ is used to designate a category of products that do not originate in the region of Karlovy Vary. The name ‘Karlovarské oplatky’ was protected as a geographical indication in 1967 in the Czech Republic. The objection does not take into consideration the situation in the Czech Republic. Therefore, on the basis of information provided the name ‘Karlovarské oplatky’ cannot be considered to be generic and there is no failure of compliance with Article 3(1) of Regulation (EC) No 510/2006.

               (11)

               In the light of the above, the name ‘Karlovarské oplatky’ should be entered in the Register of protected designations of origin and protected geographical indications subject to a transitional period of 5 years during which time the term ‘Karlsbader Oblaten’ may continue to be used in circumstances that, without such a transitional period, could be contrary to the protection provided for by Article 13(1) of Regulation (EC) No 510/2006.

               (12)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The designation contained in the Annex to this Regulation shall be entered in the register.
   Article 2
   1.   The term ‘Karlsbader Oblaten’ may be used to designate wafers not complying with the specification for ‘Karlovarské oplatky’ for a period of 5 years from the date of entry into force of this Regulation.
   2.   Trade marks containing the term ‘Karlsbader Oblaten’ that were protected through registration or acquired by use prior to 20 October 2004, shall not be invalidated nor shall their continued use be hindered by virtue of the registration of ‘Karlovarské oplatky’ as a protected geographical indication, provided the general requirements under trade mark legislation are otherwise met.
   Article 3
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 85, 19.4.2007, p. 6.

      ANNEX
      Foodstuffs referred to in Annex I to Regulation (EC) No 510/2006:

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

      CZECH REPUBLIC
      Karlovarské oplatky (PGI)


title: Commission Implementing Regulation (EU) No 805/2013 of 23 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.8.2013

               EN

               Official Journal of the European Union

               L 226/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 805/2013
   of 23 August 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 August 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  Code NC

                  Code des pays tiers (1)

                  Valeur forfaitaire à l'importation

                  0707 00 05

                  TR

                  95,4

                  ZZ

                  95,4

                  0709 93 10

                  TR

                  122,6

                  ZZ

                  122,6

                  0805 50 10

                  AR

                  119,4

                  CL

                  122,7

                  TR

                  70,0

                  UY

                  140,2

                  ZA

                  108,3

                  ZZ

                  112,1

                  0806 10 10

                  EG

                  175,3

                  MA

                  135,8

                  TR

                  144,0

                  ZZ

                  151,7

                  0808 10 80

                  AR

                  181,4

                  BR

                  108,7

                  CL

                  122,9

                  CN

                  88,5

                  NZ

                  129,1

                  US

                  130,9

                  ZA

                  116,3

                  ZZ

                  125,4

                  0808 30 90

                  AR

                  196,9

                  CL

                  148,9

                  TR

                  147,9

                  ZA

                  88,2

                  ZZ

                  145,5

                  0809 30

                  TR

                  143,1

                  ZZ

                  143,1

                  0809 40 05

                  BA

                  49,8

                  MK

                  59,8

                  XS

                  57,7

                  ZZ

                  55,8

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


title: Commission Implementing Regulation (EU) No 1091/2013 of 4 November 2013 amending for the 206th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               5.11.2013

               EN

               Official Journal of the European Union

               L 293/36

         COMMISSION IMPLEMENTING REGULATION (EU) No 1091/2013
   of 4 November 2013
   amending for the 206th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a), 7a(1) and 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 18 October 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to add one natural person and one entity to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. On 24 October 2013 the Sanctions Committee of the UNSC decided to add another natural person to its list. Furthermore, on 16 October, the Sanctions Committee of the UNSC decided to amend one entry on the list.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 November 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entries shall be added under the heading ‘Natural persons’:

                              (a)

                                 ‘Muhammad Jamal Abd-Al Rahim Ahmad Al-Kashif (alias (a) Muhammad Jamal Abdo Al-Kashif, (b) Muhammad Jamal Abdo Al Kashef, (c) Muhammad Jamal Abd-Al Rahim Ahmad Al-Kashif, (d) Muhammad Jamal Abd-Al Rahim Al-Kashif, (e) Muhammad Jamal Abdu, (f) Muhammad Jamal, (g) Muhammad Jamal Abu Ahmad (nom de guerre), (h) Abu Ahmad (nom de guerre), (i) Abu Jamal (nom de guerre), (j) Muhammad Gamal Abu Ahmed, (k) Mohammad Jamal Abdo Ahmed (nom de guerre), (l) Muhammad Jamal Abduh (nom de guerre), (m) Muhammad Jamal Ahmad Abdu (nom de guerre), (n) Riyadh (nom de guerre)). Address: Egypt. Date of birth: (a) 1.1.1964, (b) 1.2.1964. Place of birth: Cairo, Egypt. Nationality: Egyptian. Passport no.: (a) Egyptian passport number 6487, issued 30 Jan. 1986, under name Muhammad Jamal Abdu, (b) Egyptian passport issued in 1993, under name Muhammad Jamal Abd-Al Rahim Ahmad Al-Kashif, (c) Yemeni passport number 388181, under name Muhammad Jamal Abd-Al Rahim Al-Kashif. Date of designation referred to in Article 2a (4) (b): 21 Oct. 2013.’

                              (b)

                                 ‘Mohamed Lahbous (alias (a) Mohamed Ennouini, (b) Hassan, (c) Hocine). Date of birth: 1978. Place of birth: Mali. Nationality: Malian. Address: Mali. Date of designation referred to in Article 2a (4) (b): 24 Oct. 2013.’

                  (2)

                  The following entry shall be added under the heading ‘Legal persons, groups and entities’:
                  ‘Muhammad Jamal Network (alias (a) MJN, (b) Muhammad Jamal Group, (c) Jamal Network, (d) Abu Ahmed Group, (e) Al-Qaida in Egypt, (f) AQE. Other information: Operates in Egypt, Libya, and Mali. Date of designation referred to in Article 2a (4) (b): 21 Oct. 2013.’

                  (3)

                  The entry ‘Mati ur-Rehman Ali Muhammad (alias (a) Mati-ur Rehman, (b) Mati ur Rehman, (c) Matiur Rahman, (d) Matiur Rehman, (e) Matti al-Rehman, (f) Abdul Samad, (g) Samad Sial, (h) Abdul Samad Sial, (i) Ustad Talha, (j) Qari Mushtaq, (k) Tariq, (l) Hussain). Date of birth: Approximately 1977. Place of birth: Chak number 36/DNB, Rajkan, Madina Colony, Bahawalpur District, Punjab Province, Pakistan. Nationality: Pakistani. Date of designation referred to in Article 2a(4)(b): 22.8.2011.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Mati ur-Rehman Ali Muhammad (alias (a) Mati-ur Rehman, (b) Mati ur Rehman, (c) Matiur Rahman, (d) Matiur Rehman, (e) Matti al-Rehman, (f) Abdul Samad, (g) Samad Sial, (h) Abdul Samad Sial, (i) Ustad Talha, (j) Qari Mushtaq, (k) Tariq, (l) Hussain). Date of birth: Approximately 1977. Place of birth: Chak number 36/DNB, Rajkan, Madina Colony, Bahawalpur District, Punjab Province, Pakistan. Nationality: Pakistani. Other information: Physical description: 5 feet 2 inches; 157,4 cm. Name of father: Ali Muhammad. Date of designation referred to in Article 2a(4)(b): 22.8.2011.’


title: Commission Implementing Regulation (EU) No 745/2013 of 31 July 2013 fixing the import duties in the cereals sector applicable from 1 August 2013

text:
               1.8.2013

               EN

               Official Journal of the European Union

               L 205/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 745/2013
   of 31 July 2013
   fixing the import duties in the cereals sector applicable from 1 August 2013
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 1 August 2013 and should apply until new import duties are fixed and enter into force.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 August 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   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, 31 July 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 August 2013

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

         (1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

         (2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      17.7.2013-30.7.2013

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              221,06

                              154,21

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              244,39

                              234,39

                              214,39

                              Gulf of Mexico premium

                              —

                              49,37

                              —

                              —

                              —

                              Great Lakes premium

                              30,98

                              —

                              —

                              —

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico-Rotterdam:

                              17,28 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              49,90 EUR/t

         (1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

         (2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) 2016/1971 of 10 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               11.11.2016

               EN

               Official Journal of the European Union

               L 304/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1971
   of 10 November 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 November 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  85,4

                  ZZ

                  85,4

                  0707 00 05

                  TR

                  146,7

                  ZZ

                  146,7

                  0709 93 10

                  MA

                  62,9

                  TR

                  114,9

                  ZZ

                  88,9

                  0805 20 10

                  MA

                  88,2

                  ZZ

                  88,2

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

                  JM

                  103,8

                  PE

                  122,6

                  TR

                  68,0

                  ZZ

                  98,1

                  0805 50 10

                  AR

                  67,2

                  CL

                  69,9

                  TR

                  91,5

                  UY

                  38,4

                  ZZ

                  66,8

                  0806 10 10

                  BR

                  294,1

                  IN

                  164,3

                  PE

                  346,3

                  TR

                  139,6

                  US

                  343,5

                  ZA

                  345,1

                  ZZ

                  272,2

                  0808 10 80

                  CL

                  139,2

                  NZ

                  126,2

                  ZA

                  129,6

                  ZZ

                  131,7

                  0808 30 90

                  CN

                  103,4

                  TR

                  179,1

                  ZZ

                  141,3

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2016/1978 of 11 November 2016 approving the basic substance sunflower oil in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance )

text:
               12.11.2016

               EN

               Official Journal of the European Union

               L 305/23

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1978
   of 11 November 2016
   approving the basic substance sunflower oil in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 4 September 2015 an application from the Institut Technique de l'Agriculture Biologique (ITAB) for the approval of sunflower oil as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3).

               (2)

               The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on sunflower oil on 11 April 2016 (2). The Commission presented the review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 12 July 2016 and finalised them for the meeting of that Committee on 7 October 2016.

               (3)

               The documentation provided by the applicant shows that sunflower oil fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

               (4)

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

               (5)

               In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions for the approval which are detailed in Annex I to this Regulation.

               (6)

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

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of a basic substance
   The substance sunflower oil as specified in Annex I is approved as a basic substance subject to the conditions laid down in that Annex.
   Article 2
   Amendments to Implementing Regulation (EU) No 540/2011
   Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  European Food Safety Authority, 2016. Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for sunflower oil for use in plant protection as insecticide on fruit trees, grapevine, potato, vegetables and post-harvest treatment on stored grains and as fungicide on vegetables and grapevine. EFSA supporting publication 2016:EN-1023. 51 pp.

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

      (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

      (5)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Specific provisions

                  Sunflower oil
                  CAS No: 8001-21-6

                  Sunflower oil

                  Food grade

                  2 December 2016

                  Sunflower oil shall be used in accordance with the specific conditions included in the conclusions of the review report on sunflower oil (SANTE/10875/2016) and in particular Appendices I and II thereof.

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

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

                     Number

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Specific provisions

                     ‘12

                     Sunflower oil
                     CAS No: 8001-21-6

                     Sunflower oil

                     Food grade

                     2 December 2016

                     Sunflower oil shall be used in accordance with the specific conditions included in the conclusions of the review report on sunflower oil (SANTE/10875/2016) and in particular Appendices I and II thereof.’

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


title: Commission Implementing Regulation (EU) 2016/1934 of 4 November 2016 approving coco alkyltrimethylammonium chloride (ATMAC/TMAC) as an existing active substance for use in biocidal products of product-type 8 (Text with EEA relevance )

text:
               5.11.2016

               EN

               Official Journal of the European Union

               L 299/42

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1934
   of 4 November 2016
   approving coco alkyltrimethylammonium chloride (ATMAC/TMAC) as an existing active substance for use in biocidal products of product-type 8
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes coco alkyltrimethylammonium chloride (ATMAC/TMAC).

               (2)

               Coco alkyltrimethylammonium chloride (ATMAC/TMAC) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 8, wood preservatives, as described in Annex V to that Directive, which corresponds to product-type 8 as described in Annex V to Regulation (EU) No 528/2012.

               (3)

               Italy was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 20 November 2007 and 10 June 2010.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to that opinion, biocidal products of product-type 8 containing coco alkyltrimethylammonium chloride (ATMAC/TMAC) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve coco alkyltrimethylammonium chloride (ATMAC/TMAC) for use in biocidal products of product-type 8, subject to compliance with certain specifications and conditions.

               (7)

               A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Coco alkyltrimethylammonium chloride (ATMAC/TMAC) is approved as an active substance for use in biocidal products of product-type 8, subject to the specifications and conditions set out in 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, 4 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  Coco alkyltrimethylammonium chloride (ATMAC/TMAC)

                  IUPAC Name:
                  coco alkyltrimethylammonium chloride
                  EC No: 263-038-9
                  CAS No: 61789-18-2

                  96,6 % w/w

                  1 May 2018

                  30 April 2028

                  8

                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union-level risk assessment of the active substance.

                              (2)

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          industrial and professional users;

                                          (b)

                                          soil and groundwater for wood in service that will be exposed to frequent weathering.

                              (3)

                              In view of the risks identified for soil, surface and ground water, labels and, where provided, safety data sheets of products authorised shall indicate that industrial or professional application shall be conducted within a contained area or on impermeable hard standing with bunding, and that freshly treated timber shall be stored after treatment under shelter or on impermeable hard standing, or both, to prevent direct losses to soil or water, and that any losses from the application of the product shall be collected for reuse or disposal.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance evaluated in accordance with Article 89(1) of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven to be technically equivalent to the evaluated active substance.


title: Commission Implementing Regulation (EU) No 921/2013 of 24 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
                  25.9.2013

                  EN

                  Official Journal of the European Union

                  L 253/20

         COMMISSION IMPLEMENTING REGULATION (EU) No 921/2013
         of 24 September 2013
         establishing the standard import values for determining the entry price of certain fruit and vegetables
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
         Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
         Whereas:

                     (1)

                     Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

                     (2)

                     The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 September 2013.

                  For the Commission, On behalf of the President,

               Jerzy PLEWA

                  Director-General for Agriculture and Rural Development

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

            (2)  OJ L 157, 15.6.2011, p. 1.

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

                        (EUR/100 kg)

                        CN code

                        Third country code (1)

                        Standard import value

                        0702 00 00

                        MK

                        71,2

                        XS

                        41,5

                        ZZ

                        56,4

                        0707 00 05

                        MK

                        46,1

                        TR

                        116,3

                        ZZ

                        81,2

                        0709 93 10

                        TR

                        130,4

                        ZZ

                        130,4

                        0805 50 10

                        AR

                        113,8

                        CL

                        125,3

                        IL

                        142,1

                        TR

                        97,0

                        UY

                        127,6

                        ZA

                        116,8

                        ZZ

                        120,4

                        0806 10 10

                        EG

                        187,8

                        TR

                        146,5

                        ZZ

                        167,2

                        0808 10 80

                        AR

                        100,9

                        BA

                        68,5

                        BR

                        78,8

                        CL

                        122,2

                        CN

                        71,1

                        NZ

                        129,9

                        US

                        144,6

                        ZA

                        118,6

                        ZZ

                        104,3

                        0808 30 90

                        CN

                        80,2

                        TR

                        131,4

                        ZA

                        108,3

                        ZZ

                        106,6

                        0809 30

                        TR

                        118,4

                        ZZ

                        118,4

                        0809 40 05

                        BA

                        41,0

                        XS

                        46,6

                        ZZ

                        43,8

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


title: Commission Implementing Regulation (EU) No 1357/2013 of 17 December 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

text:
               18.12.2013

               EN

               Official Journal of the European Union

               L 341/47

         COMMISSION IMPLEMENTING REGULATION (EU) No 1357/2013
   of 17 December 2013
   amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
   Whereas:

               (1)

               Non-preferential rules of origin are to be applied to all non-preferential trade policy measures, including anti-dumping and countervailing duties.

               (2)

               In Article 24 of Regulation (EEC) No 2913/92, the basic principle is laid down that goods whose production involved more than one country are to be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture.

               (3)

               The declaration for free circulation of crystalline silicon photovoltaic modules or panels and their key components has been made subject to provisional anti-dumping duties by Commission Regulation (EU) No 513/2013 (2).

               (4)

               In order to ensure the correct and uniform implementation of the provisional anti-dumping duties, a detailed rule for the interpretation of the principle of Article 24 of Regulation (EEC) No 2913/92 for the determination of the origin of the products covered by those measures needs to be laid down with regard to crystalline silicon photovoltaic modules or panels and one of their key components, crystalline silicon photovoltaic cells.

               (5)

               The production process of crystalline silicon photovoltaic modules or panels can be divided into the following major steps: production of silicon wafers; processing of silicon wafers into crystalline silicon photovoltaic cells; assembly of several crystalline silicon photovoltaic cells into a crystalline silicon photovoltaic module or panel.

               (6)

               The most important stage in the manufacture of the crystalline silicon photovoltaic panels or modules is the processing of silicon wafers into crystalline silicon photovoltaic cells. That is the decisive production stage during which the use to which the component parts of the panel or module are to be put becomes definite and where they are given their specific qualities.

               (7)

               That transformation therefore should be considered as constituting the last substantial transformation in the production process of crystalline silicon photovoltaic modules or panels in accordance with Article 24 of Regulation (EEC) No 2913/92. The country of manufacture of the crystalline silicon photovoltaic cells should thus be the country of non-preferential origin of the crystalline silicon photovoltaic modules or panels.

               (8)

               By Decision 94/800/EC (3) the Council approved, inter alia, the Agreement on Rules of Origin (WTO-GATT 1994), annexed to the final act signed in Marrakesh on 15 April 1994. According to the principles laid down in that Agreement for the Harmonisation Work Program, the determination of the country where goods underwent their last substantial transformation should first of all be based on the country where the production process has led to a change in tariff classification. Only where that criterion does not allow to determine the country of last substantial transformation can other criteria be used, such as a value added criterion or the determination of a specific processing operation. It is appropriate to use the same principles in the EU customs legislation.

               (9)

               Crystalline silicon photovoltaic cells are classified in heading 8541 of the Harmonised System (HS). Crystalline silicon photovoltaic modules or panels are classified in the same heading. The input material, silicon wafers, is classified in HS heading 3818. The rule based on a change of tariff heading thus adequately expresses the last substantial transformation of the crystalline silicon photovoltaic cells. At the same time it excludes the assembly of the crystalline silicon photovoltaic panels or modules from cells to confer origin to the final product, as both panels and cells are classified in the same heading.

               (10)

               An origin rule based on added value, which is usually combined with the change of tariff heading rule for the determination of products for which the last transformation is an assembly operation, is not appropriate in the case of crystalline silicon photovoltaic modules or panels, as the necessary predictability and legal certainty would be better attained for those particular products by identifying the most significant production step.

               (11)

               A so-called ‘residual’ rule is necessary in order to determine the origin of the crystalline silicon photovoltaic panels or modules where the primary rule of change in tariff heading is not fulfilled. In that case, the origin of the crystalline silicon photovoltaic cells or of the major portion in value of the crystalline silicon photovoltaic cells should constitute the origin of the panel or module.

               (12)

               Crystalline silicon photovoltaic modules or panels may also be classified under certain conditions in HS heading 8501. A similar rule as for HS heading 8541 should also be laid down for those crystalline silicon photovoltaic panels or modules.

               (13)

               Commission Regulation (EEC) No 2454/93 (4) should therefore be amended accordingly.

               (14)

               The Customs Code Committee did not deliver an opinion. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex 11 to Regulation (EEC) No 2454/93 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the seventh 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 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 302, 19.10.1992, p. 1.

      (2)  Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration (OJ L 152, 5.6.2013, p. 5).

      (3)  Council Decision 94/800/EC (of 22 December 1994) concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).

      (4)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

      ANNEX
      Annex 11 to Regulation (EEC) No 2454/93 is amended as follows:

                  1.

                  Between the entries concerning the products classified within CN codes ex 8482 and ex 8520 the following entry is inserted:

                              ‘Ex85 01

                              Crystalline silicon photovoltaic modules or panels

                              Manufacture from materials of any heading, except that of the product and of heading 8541.
                              Where the product is manufactured from materials classified in heading 8501 or 8541, the origin of those materials shall be the origin of the product.
                              Where the product is manufactured from materials classified in heading 8501 or 8541 originating in more than one country, the origin of the major portion in value of those materials shall be the origin of the product.’

                  2.

                  Between the entries concerning the products classified within CN codes ex 8528 and ex 8542 the following entry is inserted:

                              ‘Ex85 41

                              Crystalline silicon photovoltaic cells, modules or panels

                              Manufacture from materials of any heading, except that of the product.
                              Where the product is manufactured from materials classified in heading 8541, the origin of those materials shall be the origin of the product.
                              Where the product is manufactured from materials classified in heading 8541 originating in more than one country, the origin of the major portion in value of those materials shall be the origin of the product.’


title: Commission Implementing Regulation (EU) No 850/2012 of 19 September 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               20.9.2012

               EN

               Official Journal of the European Union

               L 253/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 850/2012
   of 19 September 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 September 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  57,9

                  XS

                  59,9

                  ZZ

                  58,9

                  0707 00 05

                  MK

                  23,6

                  TR

                  106,4

                  ZZ

                  65,0

                  0709 93 10

                  TR

                  113,9

                  ZZ

                  113,9

                  0805 50 10

                  AR

                  94,9

                  CL

                  89,9

                  UY

                  84,5

                  ZA

                  105,7

                  ZZ

                  93,8

                  0806 10 10

                  MK

                  65,0

                  TN

                  197,3

                  TR

                  122,2

                  ZZ

                  128,2

                  0808 10 80

                  AR

                  201,7

                  BR

                  89,7

                  CL

                  159,1

                  NZ

                  92,7

                  US

                  119,9

                  ZA

                  109,7

                  ZZ

                  128,8

                  0808 30 90

                  CN

                  68,2

                  TR

                  114,8

                  ZA

                  149,6

                  ZZ

                  110,9

                  0809 30

                  TR

                  148,3

                  ZZ

                  148,3

                  0809 40 05

                  IL

                  63,3

                  TR

                  107,6

                  XS

                  74,4

                  ZZ

                  81,8

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