title: Commission Implementing Regulation (EU) No 1060/2013 of 29 October 2013 concerning the authorisation of bentonite as a feed additive for all animal species  Text with EEA relevance

text:
               31.10.2013

               EN

               Official Journal of the European Union

               L 289/33

         COMMISSION IMPLEMENTING REGULATION (EU) No 1060/2013
   of 29 October 2013
   concerning the authorisation of bentonite as a feed additive for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

               (2)

               Bentonite was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive belonging to the group of binders, anticaking agents and coagulants, for use in all animal species, by Commission Directive 82/822/EEC (3). That additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, an application was submitted for the re-evaluation of bentonite as a feed additive for all animal species as binders and anticaking agents and, in accordance with Article 7 of that Regulation, for a new authorisation as substance for control of radionuclide contamination, for all animal species. In addition, in accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new authorisation of bentonite as substance for reduction of the contamination of feed by mycotoxins for all animal species. Those applications request that additive to be classified in the additive category ‘technological additives’ and were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinions of 2 February 2011 (4), 14 June 2011 (5) and 14 June 2012 (6) that, under the proposed conditions of use, bentonite does not have an adverse effect on animal health, human health or the environment, and that it has the potential to be efficacious as binder and anticaking agent and as substance for control of radionuclide contamination for all animal species. It was also recognised that bentonite has the potential to be efficacious as aflatoxin binder for dairy cows and that this conclusion can be extended to all ruminants. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               Since the provided in vitro studies meet the conditions for the demonstration of the efficacy of the technological additives laid down by Commission Regulation (EC) No 429/2008 (7), in particular under item 4 of Annex II and under item 1.4 of Annex III thereto, and they were recognised able to demonstrate the clear evidence to bind aflatoxin B1 (AfB) and moreover the binding capacity, restricted to aflatoxin B1, was defined as a characteristic of the bentonite, the conclusion on efficacy as a substance for reduction of the contamination of feed by mycotoxins can be considered sufficient to be extended to its use on poultry and pigs.

               (6)

               The assessment of bentonite shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that additive should be authorised as specified in the Annexes to this Regulation.

               (7)

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

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Bentonite specified in the Annexes, belonging to the additive category ‘technological additives’ and to the functional groups ‘substances for reduction of the contamination of feed by mycotoxins’, ‘binders’, ‘anticaking agents’ and ‘substances for control of radionuclide contamination’ is authorised as an additive in animal nutrition, subject to the conditions laid down in those Annexes.
   Article 2
   The additive specified in Annex II belonging to the functional groups ‘binders’ and ‘anticaking agents’ and feed containing that additive, which are produced and labelled before 19 November 2015 in accordance with the rules applicable before 19 November 2013 may continue to be placed on the market and used until the existing stocks are exhausted.
   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, 29 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feeding-stuffs (OJ L 270, 14.12.1970, p. 1).

      (3)  Forty-first Commission Directive 82/822/EEC of 19 November 1982 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs (OJ L 347, 7.12.1982, p. 16).

      (4)  EFSA Journal 2011; 9(2):2007.

      (5)  EFSA Journal 2011; 9(6):2276.

      (6)  EFSA Journal 2012; 10(7):2787.

      (7)  Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives (OJ L 133, 22.5.2008, p. 1).

      ANNEX I

                  Identification number of the additive

                  Additive

                  Chemical formula, description, methods of analysis

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                     Category of technological additives. Functional group: substances for reduction of the contamination of feed by mycotoxins: aflatoxin B1

                  1m558

                  Bentonite

                                 Additive composition

                              Bentonite: ≥ 70 % smectite (dioctahedral montmorillonite)

                                 Characterisation of active substance

                              Bentonite: ≥ 70 % smectite (dioctahedral montmorillonite)
                              < 10 % opal and feldspar
                              < 4 % quartz and calcite
                              AfB1-binding capacity (BC
                                    AfB1
                                 ) above 90 %

                                 Analytical method
                                  (1)

                              For the determination of bentonite in feed additive: X-ray diffraction (XRD)
                              For the determination of BC
                                    AfB1
                                  of the additive: adsorption test carried out in a buffer solution at pH 5,0 with a concentration of 4 mg/l for AfB1 and 0,02 % (w/v) for the feed additive.

                  Ruminants
                  Poultry
                  Pigs

                  —

                  20 000

                              1.

                              Indicate in the instructions for use:

                                          —

                                          ‘The simultaneous oral use with macrolides shall be avoided’;

                                          —

                                          for poultry: ‘The simultaneous use with robenidine shall be avoided’.

                              2.

                              For poultry: the simultaneous use with coccidiostats other than robenidine is contraindicated with level of bentonite above 5 000 mg/kg of complete feed.

                              3.

                              The total amount of bentonite must not exceed the permitted maximum level in complete feedingstuff of 20 000 mg/kg of complete feedingstuff.

                              4.

                              The use of the additive is allowed in feedingstuffs complying with the European Union legislation on undesirable substances in animal feed.

                              5.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  19 November 2023

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

      ANNEX II

                  Identification number of the additive

                  Additive

                  Chemical formula, description, methods of analysis

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                     Category of technological additives. Functional group: binders

                  1m558i

                  Bentonite

                                 Additive composition

                              Bentonite: ≥ 50 % smectite

                                 Characterisation of active substance

                              Bentonite: ≥ 50 % smectite

                                 Analytical method
                                  (1)

                              For the determination in feed additive: X-ray diffraction (XRD)

                  All animal species

                  —

                  20 000

                              1.

                              Indicate in the instructions for use:

                                          —

                                          ‘The simultaneous oral use with macrolides shall be avoided’;

                                          —

                                          in poultry: ‘The simultaneous use with robenidine shall be avoided’.

                              2.

                              For poultry: the simultaneous use with coccidiostats other than robenidine is contraindicated with level of bentonite above 5 000 mg/kg of complete feed.

                              3.

                              The total amount of bentonite must not exceed the permitted maximum level in complete feedingstuff of 20 000 mg/kg of complete feedingstuff.

                              4.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  19 November 2023

                     Category of technological additives. Functional group: anticaking agents

                  1m558i

                  Bentonite

                                 Additive composition

                              Bentonite: ≥ 50 % smectite

                                 Characterisation of active substance

                              Bentonite: ≥ 50 % smectite

                                 Analytical method
                                  (1)

                              For the determination in feed additive: X-ray diffraction (XRD)

                  All animal species

                  —

                  20 000

                              1.

                              Indicate in the instructions for use:

                                          —

                                          ‘The simultaneous oral use with macrolides shall be avoided’;

                                          —

                                          in poultry: ‘The simultaneous use with robenidine shall be avoided’.

                              2.

                              For poultry: the simultaneous use with coccidiostats other than robenidine is contraindicated with level of bentonite above 5 000 mg/kg of complete feed.

                              3.

                              The total amount of bentonite must not exceed the permitted maximum level in complete feedingstuff of 20 000 mg/kg of complete feedingstuff.

                              4.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  19 November 2023

                     Category of technological additives. Functional group: substances for control of radionuclide contamination (134/137Cs)

                  1m558i

                  Bentonite

                                 Additive composition

                              Bentonite: ≥ 50 % smectite

                                 Characterisation of active substance

                              Bentonite: ≥ 50 % smectite

                                 Analytical method
                                  (1)

                              For the determination in feed additive: X-ray diffraction (XRD)

                  All animal species

                  —

                  —

                              1.

                              Indicate in the instructions for use:

                                          —

                                          ‘The simultaneous oral use with macrolides shall be avoided’;

                                          —

                                          in poultry: ‘The simultaneous use with robenidine shall be avoided’.

                              2.

                              For poultry: the simultaneous use with coccidiostats other than robenidine is contraindicated with level of bentonite above 5 000 mg/kg of complete feed.

                              3.

                              The mixture of different sources of bentonite must not exceed the permitted maximum level in complete feedingstuff of 20 000 mg/kg of complete feedingstuff.

                              4.

                              The additive may be used where feed is contaminated by radiocaesium to control it in animals and their products.

                              5.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  19 November 2023

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


title: Council Implementing Regulation (EU) No 941/2011 of 22 September 2011 implementing Article 16(2) and (5) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

text:
               23.9.2011

               EN

               Official Journal of the European Union

               L 246/11

         COUNCIL IMPLEMENTING REGULATION (EU) No 941/2011
   of 22 September 2011
   implementing Article 16(2) and (5) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) and (5) thereof,
   Whereas:

               (1)

               On 2 March 2011, the Council adopted Regulation (EU) No 204/2011.

               (2)

               Following the adoption of United Nations Security Council Resolution (UNSCR) 2009 (2011) on 16 September 2011 and in accordance with Council Decision 2011/625/CFSP of 22 September 2011 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (2), the lists of persons and entities subject to restrictive measures set out in Annexes II and III to Regulation (EU) No 204/2011 should be amended,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The entries for the entities set out in the Annex to this Regulation shall be deleted from the lists set out in Annexes II and III to Regulation (EU) No 204/2011.
   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, 22 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 58, 3.3.2011, p. 1.

      (2)  See page 30 of this Official Journal.

      ANNEX

         Entities referred to in Article 1

      Entry deleted from the list set out in Annex II to Regulation (EU) No 204/2011:

                  5.

                  Libyan National Oil Corporation.

            Entry deleted from the list set out in Annex III to Regulation (EU) No 204/2011:

                  29.

                  Zuietina Oil Company (a.k.a. ZOC; a.k.a. Zueitina).


title: Commission Implementing Regulation (EU) No 1040/2013 of 24 October 2013 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive for pigs for fattening and minor porcine species for fattening other than Sus scrofa domesticus and turkeys for fattening (holder of authorisation Aveve NV) Text with EEA relevance

text:
               25.10.2013

               EN

               Official Journal of the European Union

               L 283/46

         COMMISSION IMPLEMENTING REGULATION (EU) No 1040/2013
   of 24 October 2013
   concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive for pigs for fattening and minor porcine species for fattening other than Sus scrofa domesticus and turkeys for fattening (holder of authorisation Aveve NV)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new use of a preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               That application concerns the authorisation of a new use of a preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive for pigs for fattening and minor porcine species for fattening other than Sus scrofa domesticus, and turkeys for fattening, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The use of that preparation was authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1091/2009 (2), for weaned piglets by Commission Implementing Regulation (EU) No 1088/2011 (3) and for laying hens and minor poultry species for fattening and laying by Commission Implementing Regulation (EU) No 989/2012 (4).

               (5)

               The European Food Safety Authority (‘the Authority’) in its opinions of 12 March 2013 (5) confirmed its previous conclusions that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) does not have an adverse effect on animal health, human health or the environment. The Authority concluded that the additive has the potential to improve the zootechnical performance in pigs for fattening and that this conclusion can be extrapolated to minor porcine species for fattening other than Sus scrofa domesticus. The Authority also concluded that the additive has the potential to improve the final body weight and feed to gain ratio in turkeys for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (6)

               The assessment of the preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Commission Regulation (EC) No 1091/2009 of 13 November 2009 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) as a feed additive for chickens for fattening (holder of authorisation Aveve NV) (OJ L 299, 14.11.2009, p. 6).

      (3)  Commission Implementing Regulation (EU) No 1088/2011 of 27 October 2011 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for weaned piglets (holder of authorisation Aveve NV) (OJ L 281, 28.10.2011, p. 14).

      (4)  Commission Implementing Regulation (EU) No 989/2012 of 25 October 2012 concerning the authorisation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for laying hens and minor poultry species for fattening and laying (holder of authorisation Aveve NV)
   (OJ L 297, 26.10.2012, p. 11).

      (5)  EFSA Journal 2013; 11(4):3171 and EFSA Journal 2013; 11(4):3172.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method.

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: digestibility enhancers

                  4a9

                  Aveve NV

                  Endo-1,4-beta-xylanase
                  EC 3.2.1.8
                  Endo-1,3(4)-beta-glucanase
                  EC 3.2.1.6

                                 Additive composition

                              Preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754) having a minimum activity of: 40 000 XU (1) and 9 000 BGU (2)/g Solid and liquid forms

                                 Characterisation of the active substance

                              endo-1,4-beta-xylanase produced by Trichoderma reesei (MUCL 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MUCL 49754)

                                 Analytical method
                                  (3)

                              Characterisation of the active substance in the additive:

                                          —

                                          colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,4-beta-xylanase on a xylan containing substrate;

                                          —

                                          colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,3(4)-beta-glucanase on a beta-glucan containing substrate.

                                    Characterisation of the active substances in the feedingstuffs:

                                          —

                                          colorimetric method measuring water soluble dye released by action of endo-1,4-beta-xylanase from dye cross-linked wheat arabinoxylan substrate;

                                          —

                                          colorimetric method measuring water soluble dye released by action of endo-1,3(4)-beta-glucanase from dye cross-linked barley betaglucan substrate.

                  Pigs for fattening
                  Minor porcine species for fattening other than Sus scrofa domesticus

                  Turkeys for fattening

                  —

                  4 000 XU
                  900 BGU

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage conditions, and stability to pelleting.

                              2.

                              For use in feed rich in non-starch polysaccharides (mainly beta-glucans and arabinoxylans)

                              3.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  14 November 2023

         (1)  XU is the amount of enzyme which liberates 1 micromole of reducing sugars (xylose equivalents) per minute from xylan of oat spelt at pH 4,8 and 50 °C.

         (2)  BGU is the amount of enzyme which liberates 1 micromole of reducing sugars (cellobiose equivalents) per minute from ß-glucan of barley at pH 5,0 and 50 °C.

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


title: Commission Implementing Regulation (EU) No 291/2012 of 2 April 2012 amending Council Regulation (EC) No 992/95 as regards tariff quotas of the Union for certain agricultural and fishery products originating in Norway

text:
               3.4.2012

               EN

               Official Journal of the European Union

               L 96/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 291/2012
   of 2 April 2012
   amending Council Regulation (EC) No 992/95 as regards tariff quotas of the Union for certain agricultural and fishery products originating in Norway
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 992/95 of 10 April 1995 opening and providing for the administration of tariff quotas of the Union for certain agricultural and fishery products originating in Norway (1), and in particular Article 5(1)(a) and (b) thereof,
   Whereas:

               (1)

               An Agreement has been concluded in the form of an Exchange of Letters between the European Union, of the one part, and the Kingdom of Norway, of the other part, concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area. The Agreement was approved on behalf of the Union by Council Decision 2011/818/EU (2).

               (2)

               That Agreement provides further progressive liberalisation of agricultural trade on a preferential, reciprocal and mutually beneficial basis and for new annual duty free tariff quotas at import into the European Union of certain agricultural products originating in Norway.

               (3)

               In order to implement the new tariff quotas provided for in the Agreement, it is necessary to amend Regulation (EC) No 992/95.

               (4)

               Regulation (EC) No 992/95 should therefore be amended accordingly.

               (5)

               In accordance with Decision 2011/818/EU the new tariff quotas are to apply from 1 January 2012. This Regulation should therefore apply from the same date.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 992/95 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 April 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 101, 4.5.1995, p. 1.

      (2)  OJ L 327, 9.12.2011, p. 1.

      ANNEX
      Annex I to Regulation (EC) No 992/95 is amended as follows:

                  (a)

                  the rows for order numbers 09.0701, 09.0751, 09.0757 and 09.0759 are replaced by the following:

                              Order No

                              CN code

                              TARIC subdivision

                              Description of products

                              Quota period

                              Quota volume
                              (in tonnes net weight unless otherwise specified)

                              Quota duty
                              (%)

                              ‘09.0701

                              Ex15042010

                              90

                              Oils and fats of marine animals, other than whale oil and sperm oil, in packings of a net capacity of more than 1 kg

                              From 1.1 to 31.12

                              1 000

                              8,5

                              Ex15043010

                              99

                              09.0751

                              Ex07041000

                              90

                              Cauliflowers

                              From 1.8 to 31.10

                              2 000

                              0

                              09.0757

                              Ex08092100
                              Ex08092900

                              Cherries, fresh

                              From 16.7 to 15.9

                              900

                              0 (3)

                              09.0759

                              Ex08094005

                              Plum, fresh, from 1 September to 15 October

                              From 1.9 to 15.10

                              600

                              0 (3)’

                  (b)

                  the rows for order numbers 09.0753, 09.0755, 09.0775, 09.0777, 09.0781 and 09.0785 are deleted;

                  (c)

                  the following rows are inserted:

                              ‘09.0815

                              0810 20 10

                              Raspberries, fresh

                              From 1.1 to 31.12

                              400

                              0

                              09.0816

                              2005 20 20

                              Thin slices of potatoes, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

                              From 1.1 to 31.12

                              200

                              0

                              09.0817

                              2309 10 13
                              2309 10 15
                              2309 10 19
                              2309 10 33
                              2309 10 39
                              2309 10 51
                              2309 10 53
                              2309 10 59
                              2309 10 70
                              2309 10 90

                              Dog or cat food put up for retail sale

                              From 1.1 to 31.12

                              13 000

                              0’


title: Commission Implementing Regulation (EU) No 1113/2013 of 7 November 2013 concerning the authorisation of preparations of Lactobacillus plantarum NCIMB 40027, Lactobacillus buchneri DSM 22501, Lactobacillus buchneri NCIMB 40788/CNCM I-4323, Lactobacillus buchneri LN 40177/ATCC PTA-6138, and Lactobacillus buchneri LN 4637/ATCC PTA-2494 as feed additives for all animal species  Text with EEA relevance

text:
               8.11.2013

               EN

               Official Journal of the European Union

               L 298/29

         COMMISSION IMPLEMENTING REGULATION (EU) No 1113/2013
   of 7 November 2013
   concerning the authorisation of preparations of Lactobacillus plantarum NCIMB 40027, Lactobacillus buchneri DSM 22501, Lactobacillus buchneri NCIMB 40788/CNCM I-4323, Lactobacillus buchneri LN 40177/ATCC PTA-6138, and Lactobacillus buchneri LN 4637/ATCC PTA-2494 as feed additives for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003, the preparations of Lactobacillus plantarum NCIMB 40027, Lactobacillus buchneri DSM 22501, Lactobacillus buchneri NCIMB 40788/CNCM I-4323, Lactobacillus buchneri LN 40177/ATCC PTA-6138, and Lactobacillus buchneri LN 4637/ATCC PTA-2494 were entered in the Register of Feed Additives as existing products belonging to the functional group of silage additives, for all animal species.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, applications were submitted for the authorisation of those preparations as feed additives for all animal species, requesting those additives to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (the Authority) concluded in its opinions of 12 March 2013 (2) and 16 April 2013 (3) that, under the proposed conditions of use, the preparations concerned do not have an adverse effect on animal health, human health or the environment. The Authority also concluded that the preparation of Lactobacillus plantarum NCIMB 40027 has the potential to improve the production of silage by increasing lactic acid content and the preservation of dry matter by reducing pH and protein degradation, in easy and moderately difficult to ensile forage at 1 × 108 CFU/kg of fresh material and at 1 × 109 CFU/kg of fresh material in difficult to ensile forage for all species. It also concluded that the preparation of Lactobacillus buchneri DSM 22501 has the potential to improve the production of silage by reducing pH and ammonia nitrogen and by the preservation of dry matter, from easy, moderately difficult and difficult to ensile forage; the preparation of Lactobacillus buchneri NCIMB 40788/CNCM I-4323 has the potential to improve the aerobic stability of easy, moderately difficult and difficult to ensile forage and the preparations of Lactobacillus buchneri LN 40177/ATCC PTA-6138, and of Lactobacillus buchneri LN 4637/ATCC PTA-2494 have the potential to improve the aerobic stability of easy to ensile forage for all animal species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of the preparations concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annex to this Regulation.

               (6)

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

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Authorisation
   The preparations specified in the Annex belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   Transitional measures
   The preparations specified in the Annex and feed containing them, which are produced and labelled before 28 May 2014 in accordance with the rules applicable before 28 November 2013 may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 November 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2013; 11(4):3168.

      (3)  EFSA Journal 2013; 11(5):3205.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU/kg of fresh material

                     Category of technological additives. Functional group: silage additives

                  1k20743

                  —

                     Lactobacillus plantarum NCIMB 40027

                                 Additive composition

                              Preparation of Lactobacillus plantarum NCIMB 40027 containing a minimum of 1 × 1011 CFU/g additive.

                                 Characterisation of the active substance

                              Viable cells of Lactobacillus plantarum NCIMB 40027.

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method (EN 15787).
                              Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

                              Minimum content of the additive when used without combination with other micro-organisms as silage additives:

                                          —

                                          1 × 108 CFU/kg fresh material in easy and moderately difficult to ensile material (2).

                                          —

                                          1 × 109 CFU/kg fresh material in difficult to ensile material (3).

                              3.

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

                  28 November 2023

                  1k20738

                     Lactobacillus buchneri DSM 22501

                                 Additive composition

                              Preparation of Lactobacillus buchneri DSM 22501 containing a minimum of 5 × 1010 CFU/g additive.

                                 Characterisation of the active substance

                              Viable cells of Lactobacillus buchneri DSM 22501.

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method (EN 15787).
                              Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                              1.

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

                              2.

                              Minimum content of the additive when it is not used in combination with other micro-organisms as silage additive: 1 × 108 CFU/kg of fresh material.

                              3.

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

                  1k20739

                  —

                     Lactobacillus buchneri

                  NCIMB 40788/CNCM I-4323

                                 Additive composition

                              Preparation of Lactobacillus buchneri NCIMB 40788/CNCM I-4323 containing a minimum of 3 × 109 CFU/g additive.

                                 Characterisation of the active substance

                              Viable cells of Lactobacillus buchneri NCIMB 40788/CNCM I-4323.

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method (EN 15787).
                              Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

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

                              3.

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

                  28 November 2023

                  1k20740

                  —

                     Lactobacillus buchneri

                  LN 40177/ATCC PTA-6138

                                 Additive composition

                              Preparation of Lactobacillus buchneri LN 40177/ATCC PTA-6138 containing a minimum of 1 × 1010 CFU/g additive.

                                 Characterisation of the active substance

                              Viable cells of Lactobacillus buchneri LN 40177/ATCC PTA-6138.

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method (EN 15787).
                              Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

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

                              3.

                              The additive shall be used in easy to ensile material (4).

                              4.

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

                  28 November 2023

                  1k20741

                  —

                     Lactobacillus buchneri

                  LN 4637/ATCC PTA-2494

                                 Additive composition

                              Preparation of Lactobacillus buchneri LN 4637/ATCC PTA-2494 containing a minimum of 1 × 1010 CFU/g additive.

                                 Characterisation of the active substance

                              Viable cells of Lactobacillus buchneri LN 4637/ATCC PTA-2494.

                                 Analytical method
                                  (1)

                              Enumeration in the feed additive: spread plate method (EN 15787).
                              Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

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

                              3.

                              The additive shall be used in easy to ensile material (4)

                              4.

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

                  28 November 2023

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

         (2)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material. Moderately difficult to ensile forage: 1,5-3,0 % soluble carbohydrates in the fresh material. Regulation (EC) No 429/2008 (OJ L 133, 22.5.2008, p. 1).

         (3)  Difficult to ensile forage: < 1,5 % soluble carbohydrates in the fresh material. Regulation (EC) No 429/2008 (OJ L 133, 22.5.2008, p. 1).

         (4)  Easy to ensile forage: > 3 % soluble carbohydrates in fresh material. Regulation (EC) No 429/2008 (OJ L 133, 22.5.2008, p. 1).


title: Commission Implementing Regulation (EU) 2015/380 of 6 March 2015 fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 March 2015 under the Tunisian tariff quota and suspending the issue of import licences for the month of March 2015

text:
               7.3.2015

               EN

               Official Journal of the European Union

               L 64/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/380
   of 6 March 2015
   fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 March 2015 under the Tunisian tariff quota and suspending the issue of import licences for the month of March 2015
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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,
   Having regard to 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 (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Article 3(1) and (2) of Protocol No 1 (3) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (4), opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the European Union, up to the limit laid down for each year.

               (2)

               Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (5) lays down monthly quantitative limits for the issue of import licences.

               (3)

               Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of March in Article 2(2) of that Regulation.

               (4)

               In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available.

               (5)

               Since the limit for the month of March has been reached, no more import licences can be issued for that month,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications were lodged for 2 and 3 March 2015 under Article 3(1) of Regulation (EC) No 1918/2006 shall be multiplied by an allocation coefficient of 5,451531 %.
   The issue of import licences in respect of amounts applied for as from 4 March 2015 shall be suspended for March 2015.
   Article 2
   This Regulation shall enter into force on 7 March 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 March 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)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 97, 30.3.1998, p. 57.

      (4)  OJ L 97, 30.3.1998, p. 2.

      (5)  OJ L 365, 21.12.2006, p. 84.


title: Commission Implementing Regulation (EU) No 1055/2013 of 25 October 2013 concerning the authorisation of a preparation of orthophosphoric acid as a feed additive for all animal species  Text with EEA relevance

text:
               30.10.2013

               EN

               Official Journal of the European Union

               L 288/57

         COMMISSION IMPLEMENTING REGULATION (EU) No 1055/2013
   of 25 October 2013
   concerning the authorisation of a preparation of orthophosphoric acid as a feed additive for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

               (2)

               A preparation of orthophosphoric acid was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on all animal species by Commission Directive 76/603/EEC (3). That preparation was subsequently entered in the Community Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of orthophosphoric acid, CAS number 7664-38-2, as an additive for all animal species for use in feed, requesting that additive to be classified in the additive category ‘technological additives’ and the functional group ‘preservatives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. The application includes also other uses of the same substance for which no decision has yet been taken.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 December 2012 (4) that, under the proposed conditions of use in feed, orthophosphoric acid does not have an adverse effect on animal and consumer health, and it is not expected to pose additional risk for the environment and it has the potential to preserve feed. The Authority also concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of the preparation of orthophosphoric acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

               (6)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for the disposal of existing stocks of the additive, pre-mixtures and compound feed containing it, as authorised by Directive 76/603/EEC.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional group ‘preservatives’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   The preparation specified in the Annex and feed containing that preparation, which are produced and labelled before 19 May 2014 in accordance with the rules applicable before 19 November 2013, may continue to be placed on the market and used until the existing stocks are exhausted.
   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 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 270, 14.12.1970, p. 1.

      (3)  OJ L 198, 23.7.1976, p. 10.

      (4)  EFSA Journal 2013; 11(1):3043.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg/kg of complete feedingstuff with a moisture content of 12 %

                     Category of technological additives. Functional group: preservatives

                  1a338

                  —

                  Orthophosphoric acid

                                 Additive composition

                              Preparation of orthophosphoric acid
                              (67 %-85,7 %) w/w (aqueous solution)

                                 Active substance

                              Orthophosphoric acid
                              H3PO4

                              CAS No 7664-38-2
                              Volatile acid: ≤ 10 mg/kg (as acetic acid)
                              Chlorides: ≤ 200 mg/kg (as chlorine)
                              Sulphates: ≤ 1 500 mg/kg (as CaSO4)

                                 Analytical method
                                  (1)

                              For the determination of orthophosphoric acid in the feed additive: titration with sodium hydroxide (JECFA Monograph ‘phosphoric acid’ (2))

                  All animal species

                  —

                  —

                  —

                              1.

                              For safety: breathing protection, eye protection, gloves and protective clothing shall be used during handling.

                              2.

                              The content of phosphorus shall be indicated in the label of premixture.

                  19 November 2023

         (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: www.irmm.jrc.be/crl-feed-additives

         (2)  JECFA Monograph ‘Phosphoric acid’, http://www.fao.org/ag/agn/jecfa-additives/specs/Monograph1/Additive-312.pdf


title: Commission Implementing Regulation (EU) 2015/21 of 5 January 2015 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.1.2015

               EN

               Official Journal of the European Union

               L 4/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/21
   of 5 January 2015
   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, 5 January 2015.

            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)

                  An electronic component contained in a rectangular plastic housing (so-called ‘game cartridge’) with dimensions of 35 × 33 × 4 mm.
                  The game cartridge consists of a printed circuit board with integrated circuits (read-only memory (ROM) and flash memory), passive elements (capacitors, resistors) and several contact pins.
                  The ROM comprises an application program (a video game) and cannot be changed or upgraded by the user. The flash memory is used for storing data created when the game is played, such as preferences or reached levels and scores.
                  Due to its special shape and specifically configured contact pins, the cartridge can only be used in a specific brand and type of video game consoles of heading 9504.
                  See image (1).

                  9504 50 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Chapter 95 and by the wording of CN codes 9504 and 9504 50 00.
                  The cartridge contains not only a flash memory, but also a ROM comprising the game. The flash memory only stores information needed for playing the game, such as the players' preferences, reached levels and scores. The cartridge can only be used for playing video games in conjunction with a game console. Consequently, classification as media for the recording of sound or other phenomena of heading 8523 is excluded (see also the Harmonized System Explanatory Notes (HSEN) to heading 8523, sixth paragraph, point (f).
                  As the cartridge is a part or accessory suitable for use solely or principally with a game console of subheading 9504 50, it is to be classified under CN code 9504 50 00 (see also the HSEN to heading 9504 (2), third paragraph).

         (1)  The image is purely for information.