title: Commission Implementing Regulation (EU) 2019/611 of 9 April 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Liquirizia di Calabria’ (PDO))

text:
                  16.4.2019

                  EN

                  Official Journal of the European Union

                  L 105/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/611
         of 9 April 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Liquirizia di Calabria’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Liquirizia di Calabria’, registered under Commission Implementing Regulation (EU) No 1072/2011 (2) as amended by Implementing Regulation (EU) No 1403/2013 (3).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4) as required by Article 50(2)(a) of that Regulation.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Liquirizia di Calabria’ (PDO) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 April 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Implementing Regulation (EU) No 1072/2011 of 20 October 2011 entering a name in the register of protected designations of origin and protected geographical indications (Liquirizia di Calabria (PDO)) (OJ L 278, 25.10.2011, p. 1).

            (3)  Commission Implementing Regulation (EU) No 1403/2013 of 19 December 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Liquirizia di Calabria (PDO)] (OJ L 349, 21.12.2013, p. 86).

            (4)  OJ C 449, 13.12.2018, p. 28.


title: Commission Implementing Regulation (EU) 2019/612 of 9 April 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  16.4.2019

                  EN

                  Official Journal of the European Union

                  L 105/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/612
         of 9 April 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                                    1.

                                    An article made of woven textile fabric (cotton), in the form of a tower, held up by a metal frame to be placed next to a high bed at one of the openings and attached by means of the screws to the bed. It is not free standing and cannot be moved.
                                    It has openings in the form of cut-outs resembling doors or windows. It is decorated in order to match the theme of a child's room.
                                    See image (*1)

                        6304 92 00

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6304  and 6304 92 00 .
                        The article is not intended essentially for the amusement of children as it can neither be moved, nor is it a play tent (see also the Harmonised System Explanatory Notes (HSEN) to heading 9503  (D) first paragraph, (xxiii)). Considering its objective characteristics (instability, construction, high windows, need to be attached by means of the screws), the article is not designed to play with but it rather serves for decorative purposes. Consequently, classification under heading 9503  as ‘other toys’ is excluded.
                        It is a decorative furnishing article of textile material for a child's room (see also the HSEN to heading 6304 ).
                        It is therefore to be classified under CN code 6304 92 00  as other furnishing articles, excluding those of heading 9404 , not knitted or crocheted, of cotton.

                                    2.

                                    An article made of woven textile fabric (cotton), and designed to hang from a high bed to the floor to create a covered space below the bed.
                                    It has an opening either as a cut-out in the shape of a door or as a split in the textile. It is decorated in order to match the theme of the child's room.
                                    See image (*1)

                        6304 92 00

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6304  and 6304 92 00 .
                        The article is not intended essentially for the amusement of children as it covers the space below the bed (see also the HSEN to heading 9503  (D) first paragraph).
                        Consequently, classification under heading 9503  as ‘other toys’ is excluded.
                        It is a decorative furnishing article of textile material for a child's room (see also the HSEN to heading 6304 ).
                        It is therefore to be classified under CN code 6304 92 00  as other furnishing articles, excluding those of heading 9404 , not knitted or crocheted, of cotton.

                  Article 2
            Article 1
            These articles are not present

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2019/613 of 9 April 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  16.4.2019

                  EN

                  Official Journal of the European Union

                  L 105/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/613
         of 9 April 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A threaded article made of stainless steel with an internal thread. It is in the form of a nut with a flange on one end.
                        The article is designed to be used in the pipeline assembly of the hydraulic braking system of a motor vehicle.
                        The article, when tightened, causes the components of the connecting joint to settle into the correct position, thus securing the hydraulic seal.
                        See images (*1).

                        7318 16 39

                        Classification is determined by general rules (GIR) 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7318 , 7318 16  and 7318 16 39 .
                        The article has the objective characteristics of ‘threaded articles’ classified under heading 7318 .
                        Classification under heading 7307  as tube or pipe fittings is excluded as the article only presses on the components that form the connection in the joint and is not in contact with the liquid transmitted via the pipeline. The inner thread of the article is not designed to form or maintain a hydraulic seal.
                        The article cannot be classified as an unfinished fitting/coupling by virtue of GIR 2(a) for the interpretation of the Combined Nomenclature because it does not have the essential character of the finished fitting/coupling.
                        Bolts, nuts, screws, etc. suitable for use in the assembly of tube or pipe fittings are excluded from heading 7307  (see also the Harmonized System Explanatory Notes to heading 7307 , exclusions, point (b)).
                        Consequently, the article is to be classified under CN code 7318 16 39  as other nuts of stainless steel.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2019/643 of 15 April 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/643
         of 15 April 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An article consisting of a rectangular plate made of steel with a length of 48,26 cm (19 inches) and rectangular shaped brackets of plastics.
                        The brackets are attached perpendicularly to the plate, and have an opening in their short sides opposite to the plate.
                        The article has perforations at both ends of the plate to enable it to be fixed by screwing to steel cabinets of a length matching that of the article (19 inch cabinets), which can be used in telecommunication, data processing systems, etc.
                        The article is designed to be used to organise cables in the cabinets.
                        See image (*1)

                        8302 42 00

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, notes 2(c) and 3 to Section XV, note 1(d) to Chapter 94 and by the wording of CN codes 8302  and 8302 42 00 .
                        The steel plate gives the article its essential character because it is the plate which is fixed to the cabinets and supports and holds the brackets in place.
                        Heading 8302  covers general purpose classes of base metal accessory fittings and mountings, such as are used largely on furniture, doors, windows, coachwork etc. even if they are designed for particular uses (see also the Harmonized System Explanatory Notes to heading 8302 , first paragraph).
                        Steel cabinets are classified as furniture within the meaning of note 2 to Chapter 94 (see also the HS classification opinions 940320/3 and 940320/4).
                        The article has the objective characteristics of a fitting of base metal suitable for furniture classified under heading 8302 .
                        In accordance with note 2(c) to Section XV, articles of heading 8302  are parts of general use.
                        Classification as parts of furniture under heading 9403  is therefore excluded by virtue of note 1(d) to Chapter 94.
                        Consequently, the article is to be classified under CN code 8302 42 00  as other base-metal mountings, fittings and similar articles suitable for furniture.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2019/644 of 15 April 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/644
         of 15 April 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An apparatus for the precise transfer of liquid droplets (so-called ‘liquid handler’) measuring approximately 540 × 680 × 930 mm and weighing approximately 128 kg.
                        The apparatus consists of two devices for receiving microplates (source plate and destination plate), two deionisation rods and an ultrasound head incorporated in a compact housing with a control LED, a small display and an emergency button.
                        The apparatus utilises the Acoustic Droplet Ejection (ADE) method which uses sound energy (targeted ultrasonic pulses) to move ultralow volume of droplets of liquid from a source plate to an inverted destination plate with extremely high precision and accuracy.
                        The system transfers droplets of 2,5 nano-litres per ejection enabling the transfer of larger volumes of liquid. Multiple droplets are ejected from the source at up to 500 times per second.
                        The apparatus is used in the preparation of samples in laboratory sites to transfer specific volumes of reagents from one microplate to another.

                        8479 89 97

                        Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8479 , 8479 89  and 8479 89 97 .
                        The apparatus is a composite product within the meaning of GIR 3(b) and it is to be classified according to the component that gives the product its essential character. Despite the fact that measuring and analysing are necessary in order to ensure a precise dosing of the volume of liquid, it is the exact dosing, using ultrasound, of the ejected droplets that is considered to be the function that gives the apparatus its essential character.
                        Classification under heading 9026  as instruments or apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases is excluded as measuring and analysing are ancillary functions of the apparatus.
                        The apparatus is therefore to be classified under CN code 8479 89 97  as other machines and mechanical appliances having individual functions, not specified or included elsewhere.


title: Commission Implementing Regulation (EU) 2019/645 of 15 April 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/645
         of 15 April 2019
         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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

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

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An article made of woven textile fabric (cotton) composed of three textile pockets stitched together and designed to be hung on a high bed rail.
                        The article is intended for storing small items. The pockets may be decorated to match the theme of a child's room.
                        See image (*1)

                        6307 90 98

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 7(f) to Section XI and by the wording of CN codes 6307 , 6307 90  and 6307 90 98 .
                        The pockets are not considered furnishing articles (see also the Harmonised System Explanatory Notes (HSEN) to heading 6304 ) but serve as storage units.
                        Consequently, classification of the article under heading 6304  as other furnishing articles is excluded. It is a made-up textile article, not included more specifically in other headings of Section XI or elsewhere within the meaning of heading 6307  (see also the HSEN to heading 6307 ).
                        It is therefore to be classified under CN code 6307 90 98  as other made-up articles.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2019/648 of 15 April 2019 repealing Implementing Regulation (EU) No 113/2014 concerning the classification of certain goods in the Combined Nomenclature

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/648
         of 15 April 2019
         repealing Implementing Regulation (EU) No 113/2014 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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     By Implementing Regulation (EU) No 113/2014 (2), the Commission classified an apparatus designed to capture a sequence of images and incorporating a volatile internal memory able to temporarily store those images (so-called ‘high speed camera’), under CN code 8525 80 19 as other television cameras.

                     (2)

                     In its judgement in Case C-372/17 (3), the Court of Justice ruled that Implementing Regulation (EU) No 113/2014 is invalid.

                     (3)

                     For reasons of legal certainty, provisions which have been declared invalid by the Court of Justice should be formally removed from the legal order of the Union.

                     (4)

                     Implementing Regulation (EU) No 113/2014 should therefore be repealed.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 113/2014 is repealed.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 April 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Commission Implementing Regulation (EU) No 113/2014 of 4 February 2014 concerning the classification of certain goods in the Combined Nomenclature (OJ L 38, 7.2.2014, p. 20).

            (3)  Judgment of the Court of Justice of 13 September 2018, Vision Research Europe, C-372/17, EU:C:2018:708.


title: Commission Implementing Regulation (EU) 2019/652 of 24 April 2019 laying down standard Rules of Functioning for the Advisory Commission or Alternative Dispute Resolution Commission and a standard form for the communication of information concerning publicity of the final decision in accordance with Council Directive (EU) 2017/1852

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/26

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/652
         of 24 April 2019
         laying down standard Rules of Functioning for the Advisory Commission or Alternative Dispute Resolution Commission and a standard form for the communication of information concerning publicity of the final decision in accordance with Council Directive (EU) 2017/1852
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive (EU) 2017/1852 of 10 October 2017 on tax dispute resolution mechanisms in the European Union (1), and in particular Articles 11(3) and 18(4) thereof,
         Whereas:

                     (1)

                     Directive (EU) 2017/1852 introduces a mechanism for the effective resolution of tax disputes between Member States concerning the interpretation and application of agreements and conventions that provide for the elimination of double taxation of income and, where applicable, capital.

                     (2)

                     Directive (EU) 2017/1852 provides that if the mutual agreement procedure which is foreseen as a first step for the resolution of disputes does not lead to an agreement between the competent authorities of the Member States concerned within a certain timeframe, the dispute may be submitted for resolution by an Advisory Commission or an Alternative Dispute Resolution Commission.

                     (3)

                     Directive (EU) 2017/1852 provides that the competent authorities of each Member State involved in the dispute shall sign the Rules of Functioning for the Advisory Commission or Alternative Dispute Resolution Commission (‘Rules of Functioning’) and notify them to the affected persons.

                     (4)

                     Directive (EU) 2017/1852 provides that the Commission shall establish standard Rules of Functioning to apply where the Rules of Functioning have not been notified to the affected person(s) within the prescribed timeframe or they are incomplete. Standard Rules of Functioning should therefore be established, in order to achieve the continuity and effectiveness of the dispute resolution procedure. For this reason, the standard Rules of Functioning should create a comprehensive procedural framework for the dispute resolution procedure to run without obstacles and to guarantee the rights of the affected person(s) under Directive (EU) 2017/1852. It would be particularly important to delineate the legal base of the dispute, the terms of reference, as well as deal with the details of the organisation and functioning of the Advisory Commission or Alternative Dispute Resolution Commission and also provide for the sharing of costs. In order to ensure the independence of the Advisory Commission or Alternative Dispute Resolution Commission, it would also be necessary to include a comprehensive disclosure of any conflicts of interest.

                     (5)

                     Directive (EU) 2017/1852 provides that the competent authorities may agree to publish their final decision in its entirety, subject to consent of the affected person(s) concerned. Directive (EU) 2017/1852 also provides that where the competent authorities or affected person(s) concerned do not consent to publishing the final decision in its entirety, the competent authorities shall publish an abstract of such final decision.

                     (6)

                     In order to guarantee the coherent communication of the information concerning the publicity of the final decision, a standard form should be established. In order to ensure transparency regarding the final decision whilst also protect business secrecy of the affected person(s), the standard form should condition the publication of the final decision on an agreement of the competent authorities and the consent of the affected person(s). In the case that one of these parties disagrees with the publication, the rules should provide for releasing an abstract of the final decision and setting out the elements that should feature thereon. It should also be accepted that the affected person be entitled to request the competent authorities not to publish information that pertains to business secrecy.

                     (7)

                     In order to ensure legal certainty and a proper functioning of the system, this Regulation should start to apply after the time limit for transposition laid down in the first subparagraph of Article 22(1) of Directive (EU) 2017/1852.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee on Dispute Resolution,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Standard Rules of Functioning
            Where the competent authorities of the Member States involved in a dispute resolution procedure under Directive (EU) 2017/1852 have not notified the Rules of Functioning for the Advisory Commission or Alternative Dispute Resolution Commission (‘Rules of Functioning’) or have notified incomplete Rules of Functioning to the affected person(s), the independent persons of standing and the chair shall complete the Rules of Functioning on the basis of the standard form laid down in Annex I to this Regulation.

            Article 2
            Standard form for the communication of information concerning publicity of the final decision
            Where the competent authorities of the Member States involved in a dispute resolution procedure under Directive (EU) 2017/1852 communicate information referred to in paragraphs 2 and 3 of Article 18 of that Directive, they shall use the standard form laid down in Annex II to this Regulation.

            Article 3
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 July 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 April 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 265, 14.10.2017, p. 1.

            ANNEX I
            PART 1

               STANDARD RULES OF FUNCTIONING OF THE ADVISORY COMMISSION OR ALTERNATIVE DISPUTE RESOLUTION COMMISSION

               (ARTICLE 11(3) OF DIRECTIVE (EU) 2017/1852)

               [To be filled in by the independent persons of standing and the chair and signed by the competent authorities of the Member States concerned]

               [Where the advisory commission is set up for the purposes of Article 6(1)(a) of Directive (EU) 2017/1852, fill in items marked with a * only]

            1.   GENERAL INFORMATION *

               Name(s) of the affected person(s), address(es), tax identification number(s) (TIN)(s): …

               Member State of residence for tax purposes of the affected person(s): …

               Member States concerned: …

               Full address and details of a contact person for the affected person(s), including phone number and email address: …

               Names and details of the affected person's counsel (if applicable): …
            2.   COMPOSITION OF THE ADVISORY COMMISSION OR ALTERNATIVE DISPUTE RESOLUTION COMMISSION
            2.1.   Form:

                        ☐

                           Advisory Commission

                        ☐

                           Alternative Dispute Resolution Commission

                  2.2.   Type of resolution process:

                        ☐

                        ‘Independent opinion’ process

                        ☐

                        ‘Final offer’ process

                        ☐

                           Other, please specify: …

                  2.3.   Number of Members and general information *:

                        —

                        ☐ Chair

                        —

                        ☐ … Independent persons of standing and … Substitutes

                        —

                        ☐ …Competent authorities' representatives

                  Chair:

                        …

                        …

                           Citizenship: … Address and contact details (incl. email address and phone number - optional): …

                  Independent person of standing (appointed by …):

                        …

                        …

                           Citizenship: … Address and contact details (incl. email address and phone number - optional): …

                  Substitute (appointed by …):

                        …

                        …

                           Citizenship: … Address and contact details (incl. email address and phone number - optional): …

                  Independent person of standing (appointed by …):

                        …

                        …

                           Citizenship: … Address and contact details (incl. email address and phone number - optional): …

                  Substitute (appointed by …):

                        …

                        …

                           Citizenship: … Address and contact details (incl. email address and phone number - optional): …

                  Competent authorities (Representative appointed for …)

               Address and contact details (incl. email address and phone number):

                        …

                        …

                  Competent authorities (Representative appointed for …)

               Address and contact details (incl. email address and phone number):

                        …

                        …

                  Where applicable, add lines for additional members involved

               In addition, as regards the independent persons of standing, their CVs and references with details of their competence and qualifications shall optionally be attached to these Standard Rules of Functioning. The Disclosure of any Conflicts of Interest set out in Part 2 shall be lawfully signed and included.

            3.   DESCRIPTION AND CHARACTERISTICS OF THE QUESTION IN DISPUTE *

               Subject matter description:

            …
            …
            …
            …

               Tax period(s):

            …
            …

               Industry sector:

            …
            …
            …

               References to applicable laws and treaties:

                        ☐

                           National law provisions
                           (Detailed reference of the corresponding articles shall be provided – the full provisions can be attached)

                  …
            …

                        ☐

                           Double Taxation Convention
                           (Bilateral or multilateral - detailed reference of the corresponding articles shall be provided – the full provisions can be attached)

                  …
            …

                        ☐

                           Convention on the elimination of double taxation in connection with the adjustments of profits of associated enterprises (90/436/EEC) (1)
                           (Detailed reference of the corresponding articles shall be provided – the full provisions can be attached)

                  …
            …

                        ☐

                        Any other reference agreed by the competent authorities:

                  …
            …
            …

               Amounts per tax year and other details about the disputed application or interpretation of the agreement or convention as specified in the complaint submitted by the affected person and as verified by the competent authorities:

            …
            …
            …
            4.   TERMS OF REFERENCE AGREED BY THE COMPETENT AUTHORITIES

               Description of the legal issues subject to interpretation in the disputed case:

            …
            …
            …
            …

               Description of the factual circumstances to be considered and factual issues on which competent authorities need clarification and/or interpretation by the Advisory Commission or Alternative Dispute Resolution Commission:

            …
            …
            …
            …
            5.   TIME FRAME FOR THE DISPUTE RESOLUTION PROCEDURE *

               Latest date for delivering the opinion:

            …

               Time-limits for submissions by the competent authorities and affected person(s), including documentary or other evidence and/or expert opinions; consequences of late submission (if any):
            …
            …

               Scheduled dates and place of hearings
               (if any):
            …
            …

               Scheduled dates for the appearance or representation of the affected person(s) and/or third parties at the hearings
               (if any):
            …
            …
            6.   ORGANISATION AND FUNCTIONING *

               Place(s) of meeting of the Advisory Commission or Alternative Dispute Resolution Commission: …

               Administrative services that may be required for the Advisory Commission or Alternative Dispute Resolution Commission to carry out their functions:

            …

               Working language(s) for the dispute resolution procedure: …

               Possible need for translation of documents
               (in full or in part): …

               Possible need for interpretation of oral presentations: …

               Practical details concerning written submissions and evidence
               (e.g. method of submission, copies, numbering, references):
            …

               Routing of written communications among the competent authorities and affected person(s)
               (including means of sending documents):
            …

               Arrangements for requests for information by the Advisory Commission or Alternative Dispute Resolution Commission and subsequent replies by the affected person(s) and the competent authorities: …

               Experts and other possible third parties (terms and conditions for the submission of oral and written opinions):

            …

               Conditions for the admissibility of documents (e.g. original or certified copies, etc.):
            …

               Arrangements for presenting voluminous and complicated documentary evidence
               (e.g., through summaries, tabulations, charts, extracts or samples):
            …

               Arrangements for a record of the hearings: …

               Other (to be specified, including other procedural, evidentiary and logistical arrangements that may be applicable):
            …
            7.   OPINION

               Possible requirements concerning filing or delivering the opinion:

            …
            …
            8.   COSTS *
            The costs shall be shared between the Member States:

                        ☐

                           In proportion of: …

                        ☐

                           Equally

                  The costs shall include, if any:

                        ☐

                        The expenses incurred by the independent persons of standing: …

                        ☐

                        The fees of the independent persons of standing (limited to EUR 1 000 per person per meeting day): …

                        ☐

                        Translation costs …

                        ☐

                        Interpretation costs …

                        ☐

                        Other administrative costs (including Secretariat costs)
                        …

                  Other information and arrangements regarding costs (to be specified):
            …
            …
            9.   OTHER
            …
            …
            …

               Date:

               Signature by the representatives of the competent authorities of the Member States:

            …
            …
            PART 2

               DISCLOSURE OF ANY CONFLICTS OF INTEREST

               [To be filled in by each appointed independent person of standing and his or her substitute]

               Family name: …

               First name: …

               Appointed by: …

                        ☐

                        I consider myself independent and impartial. To the best of my knowledge, and having made due enquiry, there is no interest, relationship or any other matter, past or present, that I should disclose because it might affect my independence or impartiality or that might reasonably create an appearance of bias in the proceedings.

                        ☐

                        Confirmation with disclosure: I am objective and intend to remain so. Accordingly, I am also mindful of my obligation to disclose any facts or circumstances, which might be of such nature as to call into question my independence before the competent authorities. In this context, I draw your attention to the matters below:

                  …
            …
            This disclosure does not discharge my ongoing duty to disclose any facts and circumstances that might affect my independence.

               Date:

               Signature of the appointed independent person or his or her subsitute:

            …

               (1)  OJ L 225, 20.8.1990, p. 10.

            ANNEX II

               STANDARD FORM FOR THE COMMUNICATION OF INFORMATION CONCERNING PUBLICITY OF THE FINAL DECISION

               (ARTICLE 18(4) OF DIRECTIVE (EU) 2017/1852)

               [To be filled in by the competent authorities of each Member State concerned]

                           Publication of the final decision

                                    1.

                                    Agreement of the competent authorities to publish the final decision in its entirety

                        Yes ☐
                        No ☐

                                    2.

                                    Consent of the affected person(s) to publish the final decision in its entirety

                        Yes ☐
                        No ☐

                           If ‘Yes’ under both 1. and 2.:

                                    a)

                                    Publication of the final decision in its entirety

                           Text of final decision in its entirety:

                           If ‘No’ under any of 1. or 2.:

                                    b)

                                    Publication of the abstract of the final decision

                                    (i)

                                    a description of the issue and the subject matter

                        …

                                    (ii)

                                    date

                        …

                                    (iii)

                                    tax periods involved

                        …

                                    (iv)

                                    legal base

                        …

                                    (v)

                                    industry sector

                        …

                                    (vi)

                                    a short description of the final outcome

                        …

                                    (vii)

                                    a description of the method of arbitration used

                        …

                        The final decision has been redacted for reasons concerning a trade, business, industrial or professional secret or trade process, or for being contrary to public policy


title: Commission Implementing Regulation (EU) 2019/653 of 24 April 2019 amending Regulation (EC) No 847/2006 as regards the Union tariff quotas for certain prepared or preserved fish

text:
                  25.4.2019

                  EN

                  Official Journal of the European Union

                  L 110/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/653
         of 24 April 2019
         amending Regulation (EC) No 847/2006 as regards the Union tariff quotas for certain prepared or preserved fish
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Decision 2006/324/EC of 27 February 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (1), and in particular Article 2 thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 847/2006 (2) introduced from 2 June 2006 two annual tariff quotas for duty-free imports of certain prepared or preserved fish.

                     (2)

                     Regulation (EU) 2019/216 of the European Parliament and of the Council (3) provides that, following the withdrawal of the United Kingdom from the Union, the tariff rate quotas included in the Union's schedule of concessions and commitments annexed to the General Agreement on Tariffs and Trade 1994 are to be apportioned between the Union and the United Kingdom based on the EU-27 share in the quota usage set out in the Annex to that Regulation.

                     (3)

                     As a result, measures need to be adopted in order to implement the apportionment of the tariff rate quotas set out in Part C of the Annex to Regulation (EU) 2019/216. In particular, the tariff rate quota quantities set out in Regulation (EC) No 847/2006 should be replaced by those quantities resulting from the apportionment.

                     (4)

                     The date on which Article 1(2) of Regulation (EU) 2019/216 starts to apply is likely to be a day that falls in a quota period that has started running. It is therefore necessary to lay down specific rules for implementation of the apportionment of the quantities not allocated on that day for the tariff rate quotas for which the quota period begins before that date and ends after that date.

                     (5)

                     To ensure legal certainty and transparency for economic operators, the Commission should publish the quantities that are available following the apportionment of those tariff rate quotas within 2 working days of the date of application of Article 1(2) of Regulation (EU) 2019/216.

                     (6)

                     Article 1(2) of Regulation (EU) 2019/216 shall apply from the day following that on which Council Regulation (EC) No 32/2000 (4) ceases to apply to and in the United Kingdom. It is therefore appropriate that this Regulation enters into force as a matter of urgency and applies from the date from which Article 1(2) of Regulation (EU) 2019/216 applies.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 847/2006 is amended as follows:

                        (1)

                        in Article 1, paragraph 2 is replaced by the following:

                           ‘2.   An annual tariff quota of 754 tonnes with exemption of customs duties shall be opened for Union imports of prepared or preserved fish of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicus, fish of the species Orcynopsis unicolor, other than whole or in pieces, falling within CN code 1604 20 50.’;

                        (2)

                        in Article 2, paragraph 2 is replaced by the following:

                                    ‘2.

                                    of the tariff quota of 754 tonnes in Article 1(2), 123 tonnes shall apply within order number 09.0706 to imports originating in Thailand, and the remaining part, notably 631 tonnes, shall apply within order number 09.0707 to imports originating in all countries.’.

            Article 2

               1.   By way of derogation from Article 1, where for a tariff rate quota the quota period begins before the date from which Article 1(2) of Regulation (EU) 2019/216 applies and ends after that date, the apportionment of the tariff rate quota concerned shall be made by applying the EU-27 percentage to a basis consisting of the quantities of that tariff rate quota available after the last allocation.

               2.   Within 2 working days of the date of application of Article 1(2) of Regulation (EU) 2019/216, the Commission shall publish, by means of an appropriate web publication, the quantities available on that date.

            Article 3
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            It shall apply from the date from which Article 1(2) of Regulation (EU) 2019/216 applies.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 April 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 120, 5.5.2006, p. 17.

            (2)  Commission Regulation (EC) No 847/2006 of 8 June 2006 opening and providing for the administration of Community tariff quotas for certain prepared or preserved fish (OJ L 156, 9.6.2006, p. 8).

            (3)  Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ L 38, 8.2.2019, p. 1).

            (4)  Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (OJ L 5, 8.1.2000, p. 1).