title: Commission Implementing Regulation (EU) No 439/2014 of 29 April 2014 amending Regulation (EC) No 250/2009 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council concerning structural business statistics, as regards the definitions of characteristics and the technical format for the transmission of data  Text with EEA relevance

text:
               30.4.2014

               EN

               Official Journal of the European Union

               L 128/72

         COMMISSION IMPLEMENTING REGULATION (EU) No 439/2014
   of 29 April 2014
   amending Regulation (EC) No 250/2009 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council concerning structural business statistics, as regards the definitions of characteristics and the technical format for the transmission of data
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (1), and in particular Article 11(1)(a) and (c) thereof,
   Whereas:

               (1)

               Regulation (EC) No 295/2008 of the European Parliament and the Council established a common framework for the collection, transmission and evaluation of European statistics on the structure, activity, competitiveness and performance of businesses in the Union.

               (2)

               Commission Regulation (EC) No 250/2009 (2) established the definitions of characteristics and the technical format for the transmission of data.

               (3)

               It is necessary to specify definitions for the characteristics of the demography of enterprises with at least one employee to respond to the need for increased international comparability of results, especially for statistics on entrepreneurship. These definitions should be added in Annex I to Regulation (EC) No 250/2009. The technical format for the transmission of data as set out in Annex II to Regulation (EC) No 250/2009, including the list of data set identifiers, the series and the list of variables should therefore be updated accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annexes I and II to Regulation (EC) No 250/2009 are amended in accordance with the Annex to this Regulation.
   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 the Member States in accordance with the Treaties.
      Done at Brussels, 29 April 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 97, 9.4.2008, p. 13.

      (2)  Commission Regulation (EC) No 250/2009 of 11 March 2009 implementing Regulation (EC) No 295/2008 of the European Parliament and of the Council as regards the definitions of characteristics, the technical format for the transmission of data, the double reporting requirements for NACE Rev.1.1 and NACE Rev.2 and derogations to be granted for structural business statistics (OJ L 86, 31.3.2009, p. 1).

      ANNEX
      Annexes I and II to Regulation (EC) No 250/2009 are amended as follows:

                  1.

                  Annex I is amended as follows:

                              (a)

                              the following Codes are inserted before Code 11 11 0:

                                             ‘Code

                                          :

                                          11 01 0

                                             Name

                                          :

                                          Population of active enterprises having at least one employee in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              A count of market enterprises that had at least one employee at any time during a given reference period t.

                                             Code

                                          :

                                          11 02 0

                                             Name

                                          :

                                          Number of active enterprises that have the first employee in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              A count of market enterprises that had the first employee at any time during a given reference period t. This can concern births of enterprises as defined in 11 92 0, but also enterprises as defined in 11 91 0 if the enterprises have already been active in previous reference periods, but did not have any employee in two previous reference periods.

                                             Code

                                          :

                                          11 03 0

                                             Name

                                          :

                                          Number of enterprises having no employees anymore from any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              A count of market enterprises that have no employees anymore from any point in time in a given reference period t and that had at least one employee at an earlier point in time in a given reference period t.
                              This can concern deaths of enterprises as defined in 11 93 0, with at least one employee, but also enterprises as defined in 11 01 0 if the enterprises still remain active, but have no employees any more from any point in time in a given reference period t and the two following reference periods: t + 1 and t + 2.
                              The same applies if the contract of employment of the last employee ends in t on 31 December.

                                             Code

                                          :

                                          11 04 1

                                             Name

                                          :

                                          Number of enterprises that had the first employee at any point in time in t – 1 and that had also at least one employee at any point in time in t

                                             Code

                                          :

                                          11 04 2

                                             Name

                                          :

                                          Number of enterprises that had the first employee at any point in time in t – 2 and that had also at least one employee at any point in time in t

                                             Code

                                          :

                                          11 04 3

                                             Name

                                          :

                                          Number of enterprises that had the first employee at any point in time in t – 3 and that had also at least one employee at any point in time in t

                                             Code

                                          :

                                          11 04 4

                                             Name

                                          :

                                          Number of enterprises that had the first employee at any point in time in t – 4 and that had also at least one employee at any point in time in t

                                             Code

                                          :

                                          11 04 5

                                             Name:

                                          :

                                          Number of enterprises that had the first employee at any point in time in t – 5 and that had also at least one employee at any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              A count of market enterprises having had at least one employee at any point in time in every year from the year of having the first employee (t – 1 to t – 5) until a given reference period t.
                              The population of enterprises that have the first employee in t is defined as in characteristics 11 02 0.
                              An enterprise is also considered to have survived if the linked legal unit(s) have ceased to be active, but their activity has been taken over by a new legal unit set up specifically to take over the factors of production of that enterprise (= survival by take-over).’;

                              (b)

                              the following Code is inserted before Code 12 11 0:

                                             ‘Code

                                          :

                                          11 96 0

                                             Name

                                          :

                                          Number of high growth enterprises measured in employment in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              A count of market enterprises, having at least 10 employees in t – 3, with average annualised growth in number of employees greater than 10 % per annum, over a three year period (t – 3 to t). It does not include enterprises, as defined in 11 92 0, in t – 3.’;

                              (c)

                              the following Codes are inserted before Code 16 11 0:

                                             ‘Code

                                          :

                                          16 01 0

                                             Name

                                          :

                                          Number of persons employed in t in the population of active enterprises having at least one employee at any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of persons employed is defined as in characteristic 16 91 0. The population of active enterprises having at least one employee at any point in time in t is defined as in characteristic 11 01 0.

                                             Code

                                          :

                                          16 01 1

                                             Name

                                          :

                                          Number of employees in t in the population of active enterprises having at least one employee at any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of employees is defined as in characteristic 16 91 1. The population of active enterprises having at least one employee at any point in time in t is defined as in characteristic 11 01 0.

                                             Code

                                          :

                                          16 02 0

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that have the first employee in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of persons employed is defined as in characteristic 16 91 0. The population of enterprises that have the first employee in t is defined as in characteristic 11 02 0.

                                             Code

                                          :

                                          16 02 1

                                             Name

                                          :

                                          Number of employees in t in the population of enterprises that have the first employee in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of employees is defined as in characteristic 16 91 1. The population of enterprises that have the first employee in t is defined as in characteristic 11 02 0.

                                             Code

                                          :

                                          16 03 0

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that have no employees anymore from any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of persons employed is defined as in characteristic 16 91 0. The population of enterprises that have no employees anymore from any point in time in t is defined as in characteristic 11 03 0.

                                             Code

                                          :

                                          16 03 1

                                             Name

                                          :

                                          Number of employees in t in the population of enterprises that have no employees anymore from any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of employees is defined as in characteristic 16 91 1. The population of enterprises that have no employees anymore from any point in time in t is defined as in characteristic 11 03 0.

                                             Code

                                          :

                                          16 04 1

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that had the first employee at any point in time in t – 1 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 04 2

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that had the first employee at any point in time in t – 2 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 04 3

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that had the first employee at any point in time in t – 3 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 04 4

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that had the first employee at any point in time in t – 4 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 04 5

                                             Name

                                          :

                                          Number of persons employed in t in the population of enterprises that had the first employee at any point in time in t – 5 and that have also at least one employee at any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of persons employed is defined as in characteristic 16 91 0. The population of enterprises that had the first employee at any point in time in t – 1 to t – 5 and that had also at least one employee at any point in time in t is defined as in characteristic 11 04 1 to 11 04 5.

                                             Code

                                          :

                                          16 05 1

                                             Name

                                          :

                                          Number of persons employed in t – 1 in the population of enterprises that had the first employee at any point in time in t – 1 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 05 2

                                             Name

                                          :

                                          Number of persons employed in t – 2 in the population of enterprises that had the first employee at any point in time in t – 2 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 05 3

                                             Name

                                          :

                                          Number of persons employed in t – 3 in the population of enterprises that had the first employee at any point in time in t – 3 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 05 4

                                             Name

                                          :

                                          Number of persons employed in t – 4 in the population of enterprises that had the first employee at any point in time in t – 4 and that have also at least one employee at any point in time in t

                                             Code

                                          :

                                          16 05 5

                                             Name

                                          :

                                          Number of persons employed in t – 5 in the population of enterprises that had the first employee at any point in time in t – 5 and that have also at least one employee at any point in time in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              Number of persons employed is defined as in characteristic 16 91 0. The population of enterprises that had the first employee at any point in time in t – 1 to t – 5 and that had also at least one employee in t is defined as in characteristic 11 04 1 to 11 04 5.’;

                              (d)

                              the following Code is inserted before Code 17 32 0:

                                             ‘Code

                                          :

                                          16 96 1

                                             Name

                                          :

                                          Number of employees in high growth enterprises measured in employment in t

                                             Annex

                                          :

                                          IX

                                    Definition:

                              The number of employees is defined as in characteristic 16 91 1. The population of high growth enterprises measured in employment is defined as in characteristic 11 96 0.’;

                  2.

                  Annex II is amended as follows:

                              (a)

                              in point 2, the following data set identifiers are added to the list:

                                          Series type

                                          Name

                                          Data set identifier

                                          ‘Annual enterprise statistics for insurance services and pension funds

                                          1G

                                          RSBSSERV_1G1_A

                                          Annual demographic statistics on enterprises with at least one employee, broken down by legal form

                                          9E

                                          RSBSBD_9E1_A

                                          Annual demographic statistics on enterprises with at least one employee, broken down by employee size classes

                                          9F

                                          RSBSBD_9F1_A

                                          Annual preliminary results on deaths of enterprises with at least one employee, broken down by legal form

                                          9G

                                          RSBSBD_9G1_A

                                          Annual preliminary results on deaths of enterprises with at least one employee, broken down by employee size classes

                                          9H

                                          RSBSBD_9H1_A

                                          Annual statistics on high growth enterprises measured in employment

                                          9M

                                          RSBSBD_9 M1_A

                                          Annual preliminary statistics on high growth enterprises measured in employment

                                          9P

                                          RSBSBD_9P1_A’

                              (b)

                              in point 2, the title of the series type and the data set identifier related to 1D are replaced by the following:

                                          Series type

                                          Name

                                          Data set identifier

                                          ‘Annual enterprise statistics for central banking and credit institutions classified in NACE Rev.2 64.19

                                          1D

                                          RSBSSERV_1D2_A’

                              (c)

                              in point 4.1, the following series are added to the list:

                                          Series type

                                          Code

                                          ‘Annual enterprise statistics for insurance services and pension funds

                                          1G

                                          Annual demographic statistics on enterprises with at least one employee, broken down by legal form

                                          9E

                                          Annual demographic statistics on enterprises with at least one employee, broken down by employee size classes

                                          9F

                                          Annual preliminary results on deaths of enterprises with at least one employee, broken down by legal form

                                          9G

                                          Annual preliminary results on deaths of enterprises with at least one employee, broken down by employee size classes

                                          9H

                                          Annual statistics on high growth enterprises measured in employment

                                          9M

                                          Annual preliminary statistics on high growth enterprises measured in employment

                                          9P’

                              (d)

                              in point 4.1, the title of the series type relating to code 1D is replaced by the following:

                                          ‘Annual enterprise statistics for central banking and credit institutions classified in NACE Rev.2 64.19’

                              (e)

                              in point 4.5, the following variables are added to the list, in numerical order:

                                          Variable title

                                          Code

                                          Annex

                                          ‘Population of active enterprises having at least one employee in t

                                          11 01 0

                                          IX

                                          Number of active enterprises that have the first employee in t

                                          11 02 0

                                          IX

                                          Number of enterprises having no employees anymore in t

                                          11 03 0

                                          IX

                                          Number of enterprises that had the first employee in t – 1 and that had also at least one employee in t

                                          11 04 1

                                          IX

                                          Number of enterprises that had the first employee in t – 2 and that had also at least one employee in t

                                          11 04 2

                                          IX

                                          Number of enterprises that had the first employee in t – 3 and that had also at least one employee in t

                                          11 04 3

                                          IX

                                          Number of enterprises that had the first employee in t – 4 and that had also at least one employee in t

                                          11 04 4

                                          IX

                                          Number of enterprises that had the first employee in t – 5 and that had also at least one employee in t

                                          11 04 5

                                          IX

                                          Number of high growth enterprises measured in employment in t

                                          11 96 0

                                          IX

                                          Number of persons employed in t in the population of active enterprises having at least one employee in t

                                          16 01 0

                                          IX

                                          Number of employees in t in the population of active enterprises having at least one employee in t

                                          16 01 1

                                          IX

                                          Number of persons employed in t in the population of enterprises that have the first employee in t

                                          16 02 0

                                          IX

                                          Number of employees in t in the population of enterprises that have the first employee in t

                                          16 02 1

                                          IX

                                          Number of persons employed in t in the population of enterprises that have no employees anymore in t

                                          16 03 0

                                          IX

                                          Number of employees in t in the population of enterprises that have no employees anymore in t

                                          16 03 1

                                          IX

                                          Number of persons employed in t in the population of enterprises that had the first employee in t – 1 and that have also at least one employee in t

                                          16 04 1

                                          IX

                                          Number of persons employed in t in the population of enterprises that had the first employee in t – 2 and that have also at least one employee in t

                                          16 04 2

                                          IX

                                          Number of persons employed in t in the population of enterprises that had the first employee in t – 3 and that have also at least one employee in t

                                          16 04 3

                                          IX

                                          Number of persons employed in t in the population of enterprises that had the first employee in t – 4 and that have also at least one employee in t

                                          16 04 4

                                          IX

                                          Number of persons employed in t in the population of enterprises that had the first employee in t – 5 and that have also at least one employee in t

                                          16 04 5

                                          IX

                                          Number of persons employed in t – 1 in the population of enterprises that had the first employee in t – 1 and that have also at least one employee in t

                                          16 05 1

                                          IX

                                          Number of persons employed in t – 2 in the population of enterprises that had the first employee in t – 2 and that have also at least one employee in t

                                          16 05 2

                                          IX

                                          Number of persons employed in t – 3 in the population of enterprises that had the first employee in t – 3 and that have also at least one employee in t

                                          16 05 3

                                          IX

                                          Number of persons employed in t – 4 in the population of enterprises that had the first employee in t – 4 and that have also at least one employee in t

                                          16 05 4

                                          IX

                                          Number of persons employed in t – 5 in the population of enterprises that had the first employee in t – 5 and that have also at least one employee in t

                                          16 05 5

                                          IX

                                          Number of employees in high growth enterprises measured in employment in t

                                          16 96 1

                                          IX’


title: Commission Implementing Regulation (EU) No 1037/2014 of 25 September 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               1.10.2014

               EN

               Official Journal of the European Union

               L 287/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 1037/2014
   of 25 September 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 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 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 12(6) of Council Regulation (EEC) No 2913/92 (2). 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 12(6) of Regulation (EEC) No 2913/92 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, 25 September 2014.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN-code)

                  Reasons

                  (1)

                  (2)

                  (3)

                              1.

                              A semiconductor component (so-called ‘LED module’) comprising a LED chip connected in parallel with a Zener protection diode, presented in a plastic housing with a domed transparent plastic cover, with dimensions of approximately 7 × 7 × 5 mm, without connecting pads.
                              The physical construction of the component is indivisible in the sense that, although some of the elements could theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic under normal manufacturing conditions.
                              The LED module is designed to be assembled onto printed circuit boards by using, for example, surface-mount device (SMD) soldering techniques.
                              It is presented for use in illumination applications such as mobile phone flash, automotive lighting, projectors, traffic signals, and household appliances.

                      (1) See image 1.

                  8541 40 10

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85 and by the wording of CN codes 8541, 8541 40 and 8541 40 10.
                  As the LED chip and the protection diode are combined to all intents and purposes indivisibly and the protection diode is only used for protecting the LED chip against overvoltage, the module's characteristics and properties as a light-emitting diode of heading 8541 are therefore not fundamentally altered. Consequently, by application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
                  The component is therefore to be classified under CN code 8541 40 10 as light-emitting diodes.

                              2.

                              A semiconductor component comprising a LED module mounted by soldering on a metal-core printed circuit board, with a height of approximately 7 mm and a diameter of approximately 21 mm.
                              The LED module comprises a LED chip connected in parallel with a Zener protection diode, presented in a plastic housing with a domed transparent plastic cover.
                              The metal-core printed circuit board is specifically designed as a heat sink; it contains soldering pads for connecting the power supply and is shaped for final application in lighting fitting articles.
                              It is presented for use in illumination applications such as mobile phone flash, automotive lighting, projectors, traffic signals, and household appliances.

                      (1) See image 2.

                  8541 40 10

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85 and by the wording of CN codes 8541, 8541 40 and 8541 40 10.
                  Although the component comprises a LED module and a printed circuit board which can be disassembled, the function of the component remains the same as that of the LED module alone. The sole function of the metal-core printed circuit board is dissipating heat (heat sink) as the printed circuit does not provide any interconnections with other components but only allows a better thermal transfer from the LED module to the surrounding media. The component is thus to be classified as a LED module alone.
                  As the LED chip and the protection diode are combined to all intents and purposes indivisibly and the protection diode is only used for protecting the LED chip against overvoltage, the module's characteristics and properties as a light-emitting diode of heading 8541 are therefore not fundamentally altered. Consequently, by application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
                  The component is therefore to be classified under CN code 8541 40 10 as light-emitting diodes.

                              3.

                              A semiconductor component (so-called ‘LED package’) comprising four LED chips, each one connected in parallel with a Zener protection diode, presented in a plastic housing with a transparent glass window on top and eight contact pads on the back, with dimensions of approximately 6 × 5 × 1 mm.
                              The physical construction of the component is indivisible in the sense that, although some of the elements could theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic under normal manufacturing conditions.
                              The LED chips are not interconnected. The interconnections between the LED chips and the Zener diodes are made by wire bonding.
                              The LED package is designed to be assembled onto printed circuit boards by using, for example, SMD soldering techniques.
                              It is presented for use in illumination applications such as stage and entertainment lighting, mood lighting and architectural lighting indoor and outdoor.

                      (1) See image 3.

                  8541 40 10

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85 and by the wording of CN codes 8541, 8541 40 and 8541 40 10.
                  As the LED chips and the protection diodes are combined to all intents and purposes indivisibly, and the protection diodes are only used for protecting the LED chips against overvoltage, independently of the number of LED chips, the component's characteristics and properties as a light-emitting diode of heading 8541 is therefore not fundamentally altered. Consequently, by application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
                  The component is therefore to be classified under CN code 8541 40 10 as light-emitting diodes.

                              4.

                              A semiconductor component (so-called ‘LED array’) comprising 156 LED chips presented in a circular plastic housing with a transparent plastic cover and two electrical contact pads on top and a metallic heat sink on the back, with a height of approximately 2 mm and a diameter of approximately 49 mm.
                              The physical construction of the component is indivisible in the sense that, although some of the elements could theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic under normal manufacturing conditions.
                              The LED chips are interconnected in a series-parallel array with the interconnections made by wire bonding.
                              The LED array is designed to be assembled by screwing it to the final product.
                              It is presented for use in general illumination applications such as retail and hospitality lighting, commercial and office lighting, residential and consumer lighting, industrial lighting, street and exterior area lighting and retrofit lamps.

                      (1) See image 4.

                  8541 40 10

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85 and by the wording of CN codes 8541, 8541 40 and 8541 40 10.
                  As the component is only composed of LED chips which are combined to all intents and purposes indivisibly, independently of the number of LED chips, the component still falls within heading 8541. Consequently, by application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
                  The component is therefore to be classified under CN code 8541 40 10 as light-emitting diodes.

                     Image 1

                     Image 2

                     Image 3

                     Image 4

         (1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2017/1778 of 29 September 2017 amending Regulation (EC) No 891/2009 as regards certain provisions concerning the first sub-period of the 2017/2018 import tariff quota period in the sugar sector and the full-time refiners' regime

text:
               30.9.2017

               EN

               Official Journal of the European Union

               L 253/32

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1778
   of 29 September 2017
   amending Regulation (EC) No 891/2009 as regards certain provisions concerning the first sub-period of the 2017/2018 import tariff quota period in the sugar sector and the full-time refiners' regime
   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 point (e) of Article 187 thereof,
   Whereas:

               (1)

               Article 3(1) of Commission Regulation (EC) No 891/2009 (2) provides that tariff quotas in the sugar sector are to be opened on an annual basis for the period from 1 October to 30 September.

               (2)

               Article 192(3) of Regulation (EU) No 1308/2013 provides that import licences for sugar for refining shall be issued during the first three months of each marketing year only to full-time refiners provided that the quantities concerned do not exceed the quantities of the exclusive import capacity for full-time refiners set out in paragraph 1 of that Article. In accordance with Article 192(1) of Regulation (EU) No 1308/2013, exclusive import capacity for full-time refiners was only granted until the end of the 2016-2017 marketing year.

               (3)

               Article 14(1) of Regulation (EC) No 891/2009 provides that only full-time refiners may apply for import licences for sugar intended for refining with a start validity date during the first three months of each marketing year.

               (4)

               In accordance with the second subparagraph of Article 5(1) of Regulation (EC) No 891/2009, licence applications for the first sub-period of the 2017/2018 import tariff quota period were to be submitted from the eighth to the 14th day of September 2017.

               (5)

               For reasons of legal certainty as regards the right of operators other than full-time refiners to submit applications for import licenses for the first sub-period of the 2017/2018 import tariff quota period, Article 14 of Regulation (EC) No 891/2009 should be deleted. Moreover, the period for the submission of applications for the first sub-period of the 2017/2018 import tariff quota period should be extended until 9 October 2017 and, as a consequence, the period of issuance of import licences and the period of notification of applications received by Member States adjusted.

               (6)

               Operators should also be given the possibility to withdraw applications already submitted between 8 and 14 September 2017 in case they wish to reconsider their application or introduce a revised application.

               (7)

               It is therefore necessary to amend Regulation (EC) No 891/2009 accordingly.

               (8)

               Given that the 2017/2018 import tariff quota period starts on 1 October, the proposed amendments should apply from the date of publication of this Regulation.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 891/2009 is amended as follows:

               (1)

               in Chapter I, the following Article 10a is added:
               ‘Article 10a
               Specific provisions for the 2017/2018 tariff quota period
               1.   By way of derogation from the second subparagraph of Article 5(1), licence applications for the first sub-period of the 2017/2018 tariff quota period as referred to in Article 3(2) may be submitted until 9 October 2017 not later than 13.00 Brussels time.
               2.   Import licences applied for in accordance with paragraph 1 of this Article shall be issued from 23 until 31 October 2017.
               By way of derogation from Article 8(2) import licences applied for in accordance with the second subparagraph of Article 5(1) for the first sub-period of the 2017/2018 tariff quota period shall be issued from 23 until 31 October 2017.
               3.   By way of derogation from Article 9(1)(b), Member States shall notify the Commission of the total quantities covered by the import licences applications submitted in accordance with paragraph 1 of this Article not later than 14 October 2017.
               4.   Licence applications submitted in accordance with the second subparagraph of Article 5(1) for the first sub-period of the 2017/2018 tariff quota period may be withdrawn until 9 October 2017 not later than 13.00 Brussels time. The security corresponding to withdrawn applications shall be immediately released.’

               (2)

               Article 14 is deleted as from 1 October 2017.

         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, 29 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).


title: Commission Implementing Regulation (EU) No 1243/2011 of 30 November 2011 fixing the import duties in the cereals sector applicable from 1 December 2011

text:
               1.12.2011

               EN

               Official Journal of the European Union

               L 318/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 1243/2011
   of 30 November 2011
   fixing the import duties in the cereals sector applicable from 1 December 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),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Import duties should be fixed for the period from 1 December 2011 and should apply until new import duties are fixed and enter into force,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 December 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on 1 December 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 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 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 December 2011

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 10 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  1001 90 91

                  Common wheat seed

                  0,00

                  ex 1001 90 99

                  High quality common wheat, other than for sowing

                  0,00

                  1002 00 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed, other than hybrid

                  0,00

                  1005 90 00

                  Maize, other than seed (2)

                  0,00

                  1007 00 90

                  Grain sorghum, other than hybrids for sowing

                  0,00

         (1)  For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

                  —

                  2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula.

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      15.11.2011-29.11.2011

                  1.

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

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              254,49

                              177,85

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              344,45

                              334,45

                              314,45

                              Gulf of Mexico premium

                              —

                              19,30

                              —

                              —

                              —

                              Great Lakes premium

                              44,18

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico–Rotterdam:

                              19,69 EUR/t

                              Freight costs: Great Lakes–Rotterdam:

                              51,30 EUR/t

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

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

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


title: Commission Implementing Regulation (EU) 2015/136 of 28 January 2015 on the issue of licences for importing rice under the tariff quotas opened for the January 2015 subperiod by Implementing Regulation (EU) No 1273/2011

text:
               29.1.2015

               EN

               Official Journal of the European Union

               L 23/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/136
   of 28 January 2015
   on the issue of licences for importing rice under the tariff quotas opened for the January 2015 subperiod by Implementing Regulation (EU) No 1273/2011
   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 188 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation.

               (2)

               January is the first subperiod for the quotas provided for under Article 1(1)(a) to (d) of Implementing Regulation (EU) No 1273/2011.

               (3)

               The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quotas with order number 09.4154 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166, the applications lodged in the first 10 working days of January 2015 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quotas concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (4)

               Those notifications also show that, for the quotas with order number 09.4127 — 09.4128 — 09.4148 — 09.4149 — 09.4150 — 09.4152 and 09.4153, the applications lodged in the first 10 working days of January 2015 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.

               (5)

               The total quantity available for the following subperiod should also be fixed for the quotas with order number 09.4127 — 09.4128 — 09.4148 — 09.4149 — 09.4150 — 09.4152 — 09.4153 — 09.4154 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166, in accordance with the first subparagraph of Article 5 of Implementing Regulation (EU) No 1273/2011.

               (6)

               In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For import licence applications for rice under the quotas with order number 09.4154 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of January 2015, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The total quantity available for the following subperiod under the quotas with order number 09.4127 — 09.4128 — 09.4148 — 09.4149 — 09.4150 — 09.4152 — 09.4153 — 09.4154 — 09.4112 — 09.4116 — 09.4117 — 09.4118 — 09.4119 and 09.4166 referred to in Implementing Regulation (EU) No 1273/2011 is set out 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, 28 January 2015.

            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)  Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

         Quantities to be allocated for the January 2015 subperiod and quantities available for the following subperiod under Implementing Regulation (EU) No 1273/2011

                  (a)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011

                              Origin

                              Order number

                              Allocation coefficient for the January 2015 subperiod

                              Total quantity available for April 2015 subperiod (kg)

                              United States

                              09.4127

                              — (1)

                              24 446 294

                              Thailand

                              09.4128

                              — (1)

                              10 513 071

                              Australia

                              09.4129

                              — (2)

                              1 019 000

                              Other origins

                              09.4130

                              — (2)

                              1 805 000

                  (b)

                  Quota of husked rice covered by CN code 1006 20 as provided for in Article 1(1)(b) of Implementing Regulation (EU) No 1273/2011

                              Origin

                              Order number

                              Allocation coefficient for the January 2015 subperiod

                              Total quantity available for July 2015 subperiod (kg)

                              All countries

                              09.4148

                              — (3)

                              1 612 000

                  (c)

                  Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011

                              Origin

                              Order number

                              Allocation coefficient for the January 2015 subperiod

                              Total quantity available for July 2015 subperiod (kg)

                              Thailand

                              09.4149

                              — (4)

                              50 566 471

                              Australia

                              09.4150

                              — (5)

                              16 000 000

                              Guyana

                              09.4152

                              — (5)

                              11 000 000

                              United States

                              09.4153

                              — (5)

                              9 000 000

                              Other origins

                              09.4154

                              92,307692 %

                              6 000 001

                  (d)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011

                              Origin

                              Order number

                              Allocation coefficient for the January 2015 subperiod
                              (%)

                              Total quantity available for July 2015 subperiod (kg)

                              Thailand

                              09.4112

                              0,842133

                              0

                              United States

                              09.4116

                              18,073078

                              0

                              India

                              09.4117

                              0,963486

                              0

                              Pakistan

                              09.4118

                              0,895330

                              0

                              Other origins

                              09.4119

                              0,873150

                              0

                              All countries

                              09.4166

                              0,655752

                              17 011 019

         (1)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.

         (2)  No quantity available for this subperiod.

         (3)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.

         (4)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.

         (5)  No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.