title: Commission Implementing Regulation (EU) 2016/1427 of 25 August 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.8.2016

               EN

               Official Journal of the European Union

               L 231/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1427
   of 25 August 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, 25 August 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

                  AR

                  186,0

                  MA

                  153,0

                  ZZ

                  169,5

                  0707 00 05

                  TR

                  241,9

                  ZZ

                  241,9

                  0709 93 10

                  TR

                  138,5

                  ZZ

                  138,5

                  0805 50 10

                  AR

                  173,7

                  CL

                  122,5

                  MA

                  95,0

                  TR

                  156,0

                  UY

                  181,2

                  ZA

                  166,6

                  ZZ

                  149,2

                  0806 10 10

                  EG

                  227,1

                  TR

                  133,3

                  ZZ

                  180,2

                  0808 10 80

                  AR

                  147,6

                  BR

                  106,9

                  CL

                  149,1

                  CN

                  160,3

                  NZ

                  150,5

                  UY

                  93,1

                  ZA

                  97,9

                  ZZ

                  129,3

                  0808 30 90

                  AR

                  93,2

                  CL

                  117,6

                  TR

                  147,0

                  ZA

                  110,4

                  ZZ

                  117,1

                  0809 30 10 , 0809 30 90

                  TR

                  131,1

                  ZZ

                  131,1

         (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) No 726/2012 of 6 August 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               10.8.2012

               EN

               Official Journal of the European Union

               L 213/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 726/2012
   of 6 August 2012
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (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 issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   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, 6 August 2012.

            For the Commission, On behalf of the President,
         Antonio TAJANI

            Vice-President

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  An electronic apparatus (so-called ‘remote elevator monitoring unit’) in a housing with dimensions of approximately 28 × 22 × 9 cm for incorporation into a lift shaft.
                  The apparatus, which receives information from various external sensors, is used for monitoring the functioning of the lift operations and detecting any malfunctions, for example, in starting and stopping, door opening and closing, levelling, in the traction motor, brake, cabin lighting. The information received is checked and processed by the apparatus and transmitted via a modem to a maintenance centre.
                  After presentation and incorporation of a modem, the apparatus can provide two-way voice communication between the lift cabin and the maintenance centre through a microphone and a loudspeaker installed in the cabin.

                  9031 90 85

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Chapter 90 and by the wording of CN codes 9031, 9031 90 and 9031 90 85.
                  As the apparatus does not incorporate a modem or other communication device, classification as an apparatus for communication in a wired network under heading 8517 is excluded.
                  As the apparatus does not provide any sound or visual signals, classification as an electric sound or visual signalling apparatus under heading 8531 is excluded.
                  The apparatus monitors and checks the functioning of the lift and processes the data received. The sensors, where the signals to be processed are generated, are not incorporated in the apparatus. The apparatus does not itself display those signals. For these reasons, the apparatus is considered a part of a checking instrument. Consequently, classification as an incomplete machine of heading 9031 is excluded.
                  The apparatus is therefore to be classified under CN code 9031 90 85 as a part of checking instruments, appliances and machines, not specified or included elsewhere in Chapter 90.


title: Commission Implementing Regulation (EU) 2017/1466 of 11 August 2017 on opening and providing for the administration of Union tariff quotas for wines originating in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence. )

text:
                  12.8.2017

                  EN

                  Official Journal of the European Union

                  L 209/8

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1466
      of 11 August 2017
      on opening and providing for the administration of Union tariff quotas for wines originating in Kosovo (*1)

      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,
      Whereas:

                  (1)

                  The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1), of the other part (2) (‘the SAA’) was signed on 27 October 2015 and entered into force on 1 April 2016.

                  (2)

                  Protocol II to the SAA lays down the arrangements applicable to the wines and spirit drinks mentioned therein and provides in Annex I thereto for an Agreement on reciprocal preferential trade concessions for certain wines originating in Kosovo. That agreement applies from 1 April 2016.

                  (3)

                  Council Regulation (EC) No 1215/2009 (3) provides for an annual import tariff quota for certain products originating in the customs territory of Kosovo. Following the entry into force of the SAA, these autonomous trade measures are adjusted by Commission Delegated Regulation (EU) 2017/1464 (4). In particular, specific wine tariff rate quotas for Kosovo are no longer applicable under the autonomous regime provided for by Regulation (EC) No 1215/2009 since these concessions have been included in the SAA regime.

                  (4)

                  In accordance with Annex I to Protocol II to the SAA, imports into the Union of wines originating in Kosovo are to be subject to quotas benefitting from total exemption from import duties. These quotas consist of 40 000 hl for wine of fresh grapes falling within CN codes ex 2204 21 and ex 2204 29 and 10 000 hl for quality sparkling wines and wine of fresh grapes falling within CN codes ex 2204 10 and ex 2204 21. This Protocol applies as from 1 April 2016, therefore the volumes of the new tariff quotas are calculated for 2016 as a pro rata of the basic annual volumes specified in the Protocol.

                  (5)

                  In order to implement the Union tariff quotas provided for in Annex I to Protocol II to the SAA, it is necessary to open tariff quotas for 2016 and for the following years based on the quantities granted in the SAA, specifying the conditions for their acceptance. The tariff quota volume shall be reduced by the quantity imported in 2016 and 2017, under the tariff quota 09.1560, to take account of imports into the Union of Kosovar wines under the autonomous trade measures established by Regulation (EC) No 1215/2009.

                  (6)

                  Commission Implementing Regulation (EU) 2015/2447 (5) has established the management rules for tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations.

                  (7)

                  Since Protocol II to the SAA applies from 1 April 2016, this Regulation should apply from the same date.

                  (8)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The quantities of wine which may be imported from Kosovo into the Union under total exemption from import duties for 2016 and as from 2017 are laid down in the Annex.
      Article 2
      The zero-rate duty shall be applied subject to the following conditions:

                  (a)

                  the imported wines shall be accompanied by a proof of origin as provided for in Protocol II to the SAA;

                  (b)

                  the imported wines do not benefit from export subsidies.

            Article 3
      The tariff quota referred to in Article 1 of this Regulation shall be administered by the Commission in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
      Article 4
      This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
      It shall apply from 1 April 2016.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 11 August 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

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

         (2)  OJ L 71, 16.3.2016, p. 3.

         (3)  Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (OJ L 328, 15.12.2009, p. 1).

         (4)  Commission Delegated Regulation (EU) 2017/1464 of 2 June 2017 amending Council Regulation (EC) No 1215/2009 as regards trade concessions granted to Kosovo * following the entry into force of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (see page 1 of this Official Journal).

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

         ANNEX

            Tariff quotas for wines originating in Kosovo imported into the Union for 2016

                     Order No

                     CN code (1)

                     TARIC extension

                     Description

                     Annual quota volume (in hl) (2)

                     Tariff quota duty

                     09.1572

                     2204 10 93

                     Quality sparkling wine; wine of fresh grapes, in containers holding 2 litres or less

                        7 500

                     Exemption

                     2204 10 94

                     2204 10 96

                     2204 10 98

                     2204 21 06

                     2204 21 07

                     2204 21 08

                     2204 21 09

                     ex 2204 21 93

                     19 , 29 , 31 , 41  and 51

                     ex 2204 21 94

                     19 , 29 , 31 , 41  and 51

                     2204 21 95

                     ex 2204 21 96

                     11 , 21 , 31 , 41  and 51

                     2204 21 97

                     ex 2204 21 98

                     11 , 21 , 31 , 41  and 51

                     09.1570

                     2204 21 06

                     Wine of fresh grapes

                        30 000
                         (3)

                     Exemption

                     2204 21 07

                     2204 21 08

                     2204 21 09

                     ex 2204 21 93

                     19 , 29 , 31 , 41  and 51

                     ex 2204 21 94

                     19 , 29 , 31 , 41  and 51

                     2204 21 95

                     ex 2204 21 96

                     11 , 21 , 31 , 41  and 51

                     2204 21 97

                     ex 2204 21 98

                     11 , 21 , 31 , 41  and 51

                     2204 29 10

                     2204 29 93

                     ex 2204 29 94

                     11 , 21 , 31 , 41  and 51

                     2204 29 95

                     ex 2204 29 96

                     11 , 21 , 31 , 41  and 51

                     2204 29 97

                     ex 2204 29 98

                     11 , 21 , 31 , 41  and 51

            Tariff quotas for wines originating in Kosovo imported into the Union as from 2017

                     Order No

                     CN code (4)

                     TARIC extension

                     Description

                     Annual quota volume (in hl) (5)

                     Tariff quota duty

                     09.1572

                     2204 10 93

                     Quality sparkling wine; wine of fresh grapes, in containers holding 2 litres or less

                        10 000

                     Exemption

                     2204 10 94

                     2204 10 96

                     2204 10 98

                     2204 21 06

                     2204 21 07

                     2204 21 08

                     2204 21 09

                     ex 2204 21 93

                     19 , 29 , 31 , 41  and 51

                     ex 2204 21 94

                     19 , 29 , 31 , 41  and 51

                     2204 21 95

                     ex 2204 21 96

                     11 , 21 , 31 , 41  and 51

                     2204 21 97

                     ex 2204 21 98

                     11 , 21 , 31 , 41  and 51

                     09.1570

                     2204 21 06

                     Wine of fresh grapes

                        40 000
                         (6)

                     Exemption

                     2204 21 07

                     2204 21 08

                     2204 21 09

                     ex 2204 21 93

                     19 , 29 , 31 , 41  and 51

                     ex 2204 21 94

                     19 , 29 , 31 , 41  and 51

                     2204 21 95

                     ex 2204 21 96

                     11 , 21 , 31 , 41  and 51

                     2204 21 97

                     ex 2204 21 98

                     11 , 21 , 31 , 41  and 51

                     2204 22 10

                     2204 22 93

                     ex 2204 22 94

                     11 , 21 , 31 , 41  and 51

                     2204 22 95

                     ex 2204 22 96

                     11 , 21 , 31 , 41  and 51

                     2204 22 97

                     ex 2204 22 98

                     11 , 21 , 31 , 41  and 51

                     2204 29 10

                     2204 29 93

                     ex 2204 29 94

                     11 , 21 , 31 , 41  and 51

                     2204 29 95

                     ex 2204 29 96

                     11 , 21 , 31 , 41  and 51

                     2204 29 97

                     ex 2204 29 98

                     11 , 21 , 31 , 41  and 51

            (1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

            (2)  The V I 1 certificate established according to Article 43 of Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), shall mention compliance with this requirement as follows: ‘The products listed on this certificate do not benefit from export subsidies’.

            (3)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1560.

            (4)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

            (5)  The V I 1 certificate established according to Article 43 of Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), shall mention compliance with this requirement as follows: ‘The products listed on this certificate do not benefit from export subsidies’.

            (6)  The tariff quota volume shall be reduced by the quantity imported, in 2017, under the tariff quota 09.1560.