title: Commission Implementing Regulation (EU) No 747/2011 of 28 July 2011 on the minimum customs duty to be fixed in response to the second partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 634/2011

text:
               29.7.2011

               EN

               Official Journal of the European Union

               L 197/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 747/2011
   of 28 July 2011
   on the minimum customs duty to be fixed in response to the second partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 634/2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 187, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 634/2011 (2) opened a standing invitation to tender for the 2010/2011 marketing year for imports of sugar of CN code 1701 at a reduced customs duty.

               (2)

               In accordance with Article 6 of Implementing Regulation (EU) No 634/2011, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code.

               (3)

               On the basis of the tenders received for the second partial invitation to tender, a minimum customs duty should be fixed for certain eight digit codes for sugar falling within CN code 1701 and no minimum customs duty should be fixed for the other eight digit codes for sugar falling within that CN code.

               (4)

               In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   For the second partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 634/2011, in respect of which the time limit for the submission of tenders expired on 27 July 2011, a minimum customs duty has been fixed, or has not been fixed, as set out in the Annex to this Regulation for the eight digit codes for sugar falling within CN code 1701.
   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, 28 July 2011.

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

            Director-General for Agriculture and Rural Development

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

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

      ANNEX

         Minimum customs duties

                  (EUR/tonne)

                  Eight digit CN code

                  Minimum customs duty

                  1

                  2

                  1701 11 10

                  151,05

                  1701 11 90

                  170,00

                  1701 12 10

                  X

                  1701 12 90

                  X

                  1701 91 00

                  X

                  1701 99 10

                  225,00

                  1701 99 90

                  X

                              (—)

                              no minimum customs duty fixed (all offers rejected)

                              (X)

                              no offers


title: Commission Implementing Regulation (EU) No 709/2013 of 24 July 2013 amending Regulation (EU) No 717/2010 concerning the classification of certain goods in the Combined Nomenclature

text:
               25.7.2013

               EN

               Official Journal of the European Union

               L 200/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 709/2013
   of 24 July 2013
   amending Regulation (EU) No 717/2010 concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               Commission Regulation (EU) No 717/2010 (2) classified a so-called "exhaust gas temperature sensor" under CN code 8533 40 10 as other variable resistors.

               (2)

               The product classified in Regulation (EU) No 717/2010 should be considered a fixed resistor because its resistance is not variable at will, but depends only on the temperature. It is therefore necessary to change the product's classification to CN code 8533 21 00.

               (3)

               Regulation (EU) No 717/2010 should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 717/2010 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   Binding tariff information issued by the customs authorities of Member States which is not in accordance with Regulation (EU) No 717/2010, as amended by this Regulation, may continue to be invoked for a period of three months from the date of entry into force of this Regulation under Article 12(6) of Council Regulation (EEC) No 2913/92 (3).
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 210, 11.8.2010, p. 24.

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

      ANNEX

            ‘ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A product (so-called ‘exhaust gas temperature sensor’) consisting of:

                                    —

                                    a thermistor with a power handling capacity not exceeding 20 W, in its own housing,

                                    —

                                    a fixing bolt,

                                    —

                                    a shaft facilitating fixation inside a vehicle’s exhaust system,

                                    —

                                    an electrical cable, with a heat resistant sleeve, which connects the product to a plug and which, in turn, enables connection to the vehicle’s engine management system.

                              Depending on the temperature, the thermistor changes its resistance. When connected, this change of resistance produces a change of electrical current, which is transmitted to the engine management system.
                        The product cannot convert the electrical current output into a temperature measurement or display the temperature.

                        8533 21 00

                        Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8533 and 8533 21 00.
                        Classification under heading 9025 as a thermometer or as a part thereof is excluded as the product cannot measure nor display temperature.
                        The product is a non-linear resistor the resistance of which changes with temperature and is not variable at will (see also the Harmonised System Explanatory Notes to heading 8533 (A)(5) and (B)).
                        It is therefore to be classified under CN code 8533 21 00 as other fixed resistors for a power handling capacity not exceeding 20 W.’