title: Commission Implementing Regulation (EU) 2018/579 of 16 April 2018 amending Council Regulation (EC) No 312/2003 as regards an additional Union tariff quota for certain agricultural products originating in Chile

text:
                  17.4.2018

                  EN

                  Official Journal of the European Union

                  L 97/11

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/579
      of 16 April 2018
      amending Council Regulation (EC) No 312/2003 as regards an additional Union tariff quota for certain agricultural products originating in Chile
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the Community the tariff provisions laid down in the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1) and in particular Article 5 thereof,
      Whereas:

                  (1)

                  By Council Decision (EU) 2017/1368 of 11 May 2017 (2), the Council authorised the signing and provisional application of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union.

                  (2)

                  The Third Additional Protocol provides for an additional tariff quota for release for free circulation in the Union of certain agricultural products originating in Chile.

                  (3)

                  It is necessary to amend Regulation (EC) No 312/2003 in order to provide for an additional tariff quota.

                  (4)

                  In accordance with Decision (EU) 2017/1368, and in particular Article 3 thereof, the additional tariff quota is to apply from 1 July 2013. This Regulation should therefore apply from the same date and should enter into force upon publication.

                  (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 Annex to Regulation (EC) No 312/2003 is amended as 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.
      It shall apply from 1 July 2013.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 16 April 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 46, 20.2.2003, p. 1.

         (2)  OJ L 196, 27.7.2017, p. 1.

         ANNEX
         In the Annex to Regulation (EC) No 312/2003, the following row is added:

                        ‘09.1944

                        0203 11 10
                        0203 12 11
                        0203 12 19
                        0203 19 11
                        0203 19 13
                        0203 19 15
                        0203 19 55
                        0203 19 59
                        0203 21 10
                        0203 22 11
                        0203 22 19
                        0203 29 11
                        0203 29 13
                        0203 29 15
                        0203 29 55
                        0203 29 59
                        1601 00
                        1602 41
                        1602 42
                        1602 49

                        Meat of swine, fresh, chilled or frozen; sausages and similar products, of meat, meat offal, or blood; food preparations based on these products; other prepared or preserved meat, meat offal or blood (of swine)

                        1 000  tonnes (*1)

                        100’.

            (*1)  500 tonnes from 1.7.2013 to 31.12.2013 and 1 000 tonnes for each period thereafter from 1.1. to 31.12.


title: Commission Implementing Regulation (EU) 2018/603 of 12 April 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  20.4.2018

                  EN

                  Official Journal of the European Union

                  L 101/18

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/603
      of 12 April 2018
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
      Article 2
      Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 12 April 2018.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An inflatable cushion of plastics (so-called ‘wheelchair cushion’), measuring approximately 40 × 40 cm, consisting of two rectangular interconnected chambers filled with air. Each chamber contains an air filled bag of plastics covered with a thin layer of silicone.
                     The cushion is adjustable according to the degree to which the two chambers are inflated, which causes the position of the bag of plastics in each chamber to shift when the user is sitting on the cushion.
                     The cushion has a removable anti-slip cover of textile materials that has two ‘velcro’-type straps attached to its underside.
                     The article is intended to prevent the user developing pressure sores. It provides a relieving effect on the seat bones and improves the comfort of the user.
                     See images (*1)

                     3926 90 97

                     Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90  and 3926 90 97 .
                     Classification of the article under heading 9404  (articles of bedding and similar furnishing) is excluded because pneumatic cushions are excluded from this heading within the meaning of note 1 (a) to Chapter 94 and, consequently, pneumatic cushions of plastics are classified under heading 3926  (see also the Harmonized System Explanatory Notes (HSEN) to heading 9404 , last paragraph, (b)).
                     Classification under CN code 8714 20 00  as parts and accessories of carriages for disabled persons is also excluded, because the article is not identifiable as being suitable for use solely or principally with carriages for disabled persons within the meaning of note 3 to Section XVII. Considering its objective characteristics, the article can be used on many seats and chairs as well as on seats of wheelchairs. For example, the article is not designed for use with a specific seat, because it has no specific means by which it can be attached that would identify it for use with a specific seat. The anti-slip cover and the ‘velcro’-type straps can be attached to many different types of seats. There is therefore nothing to identify the article as being designed for use with a specific type of seat (see also the HSEN to heading 8714 , first paragraph, (i)).
                     Moreover, classification under CN code 8714 20 00  as parts and accessories of carriages for disabled persons is excluded because the article is neither indispensable for the functioning of the wheelchair, nor does it adapt the wheelchair for a particular operation or increase its range of operations or enable it to perform a particular service connected with its main function which is enabling a handicapped person to move (see judgment of the Court of 16 June 2011, Unomedical, C-152/10, ECLI:EU:C:2011:402, paragraphs 29, 30 and 36). A wheelchair operates in the same way as it does without the cushion. The cushion merely makes the wheelchair more comfortable and endurable for the user.
                     Although the article consists of different components (the cushion of plastics and the cover of textile materials), the article is to be classified as if it consisted of the cushion of plastics because the cushion gives the article its essential character within the meaning of general rule 3 (b). The textile component is merely a cover that protects and keeps the essential component in place. The article is therefore to be classified according to its constituent material under CN code 3926 90 97  as ‘other articles of plastics’.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2018/606 of 19 April 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Dons’ (PDO)

text:
               20.4.2018

               EN

               Official Journal of the European Union

               L 101/37

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/606
   of 19 April 2018
   conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Dons’ (PDO)
   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 99 thereof,
   Whereas:

               (1)

               In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Dons’ as a Protected Designation of Origin (PDO) sent by Denmark, and has published it in the Official Journal of the European Union
                   (2).

               (2)

               Objections were received by email from the Italian Ministry of Agriculture, ‘Confederazione Nazionale dei Consorzi Volontari per la Tutela delle Denominazioni dei Vini Italiani’ (FEDERDOC) and ‘L'Alleanza delle Cooperative Italiane-Agroalimentare’ in line with Articles 98 of Regulation (EU) No 1308/2013 and 14 of Commission Regulation (EC) No 607/2009 (3), on 4 February 2016, 5 February 2016 and 8 February 2016 respectively. The Commission deemed all three objections admissible according to Article 15 of Regulation (EC) No 607/2009.

               (3)

               By letter dated 24 May 2016, the Commission forwarded these objections to the Danish authorities and invited them to file their related observations within two months, in line with Article 16(1) of Regulation (EC) No 607/2009. Denmark sent its observations within the required deadline, on 4 July 2016.

               (4)

               As provided for in Article 16(1) of Regulation (EC) No 607/2009, the Commission communicated the observations from the Danish authorities by letters of 12 January 2017 to the three objectors, and they were given two months for possible comments. In reply, the Commission received another communication from the Italian Ministry of Agriculture on 10 March 2017, reiterating its opposition.

               (5)

               In accordance with Article 16(3) of Regulation (EC) No 607/2009, the Commission should take a decision on the basis of the evidence available to it.

               (6)

               All three objectors claim that certain vine varieties used for the production of ‘Dons’, namely ‘Cabernet Cortis’, ‘Orion’, ‘Regent’, ‘Rondo’ and ‘Solaris’, which they consider to be hybrids obtained from cross-breeding of the species Vitis vinifera with other species of the genus Vitis, should not be used for the production of a Protected Designation of Origin according to Article 93(1)(a)(iv) of Regulation (EU) No 1308/2013. They also claim that in no case a variety obtained from an interspecies cross could be considered as belonging to the species Vitis vinifera. According to the Italian Ministry of Agriculture and FEDERDOC, in any country of the European Union, the examination of the genome makes it possible to determine whether a variety belongs to the species Vitis vinifera or a cross with another species of the genus Vitis.

               (7)

               The Italian Ministry of Agriculture additionally claims that the reference to human factors is insufficient, as is the causal link between natural and human factors, and information on the quality and characteristics of the product attributable to the geographical environment. Moreover, this objector claims that the assertion that the acidity profile of the product is attributable to the ‘selection of relatively hardy varieties’ is devoid of any technical and scientific basis, taking into account that the selection of varieties is a long-term process which cannot refer to interspecies hybrid varieties.

               (8)

               Lastly, the Italian Ministry of Agriculture considers that it is superfluous to state the requirements about the labelling of grape varieties and the vintage year, as such requirements are laid down in Articles 61 and 62 of Regulation (EC) No 607/2009.

               (9)

               The Commission has assessed the arguments and evidence provided by the objectors and the applicant, and concluded that the name ‘Dons’ should be registered as Protected Designation of Origin for the following reasons.

               (10)

               As regards the allegations that the product is not obtained from vine varieties belonging to Vitis vinifera, several elements have to be taken into account. Firstly, there is no harmonised classification of a vine variety belonging to Vitis vinifera at EU level. In addition, there is no reference list or scientific document available from any official competent body, such as the International Organisation of Vine and Wine (OIV), which currently would allow to undisputedly categorize Vitis vinifera species or a cross between the Vitis vinifera species and other species of the genus Vitis, or to distinguish between them. Against this background, the issue of scientific definition should primarily be addressed in the preliminary national assessment conducted by the Member States in accordance with Article 96 of Regulation (EU) No 1308/2013. Denmark relies on the German classification where all five wine grape varieties in question are classified as belonging to Vitis vinifera. Secondly, pursuant to Article 16(3) of Regulation (EC) No 607/2009 regarding the Scrutiny of an objection, the Commission shall take any decision to reject or register the designation of origin on the basis of the evidence available to it. In the case at hand the objectors did not provide any solid scientific evidence or data proving that the product is not obtained from vine varieties belonging to Vitis vinifera. Lastly, the Commission notes that several other Member States use the wine grape varieties in question in the production of their wines with Protected Designation of Origin.

               (11)

               For the above reasons, it is not possible to conclude that the product referred to by the name ‘Dons’ is obtained from vine varieties not belonging to Vitis vinifera. The objections made on that ground therefore have to be rejected.

               (12)

               As regards the alleged missing information on the link, the Commission observes that a description of the relevant natural factors present in the geographical environment has been provided, as well as their link to the specific quality and characteristics of the product, expressed notably in a higher lactic acidity of the product distinguishing it from classical sparkling wines. It is, therefore, to conclude that the necessary elements of the link have been included in line with Article 7 of Regulation (EC) No 607/2009. As for the human factors, the acidity profile of the product is deemed attributable to the selection of relatively hardy varieties in line with Article 93(1)(a)(i) of Regulation (EU) No 1308/2013.

               (13)

               As regards the allegations that it is superfluous to state the requirements which are prescribed by the Regulation, since parts of the requirements go beyond the Union law, their inclusion seems appropriate for the reasons of clarity and correct understanding of the requirements by potentially eligible producers.

               (14)

               In the light of the above and in accordance with Article 99 of Regulation (EU) No 1308/2013, the Commission considers that the application meets the conditions laid down in that Regulation and that the name ‘Dons’ should be protected and entered in the register referred to in Article 104 of that Regulation.

               (15)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Dons’ (PDO) is hereby protected.
   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, 19 April 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 407, 8.12.2015, p. 4.

      (3)  Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).