ISSN 1725-2555
doi:10.3000/17252555.L_2011.086.eng
Official Journal
of the European Union
L 86
English edition
Legislation
Volume 54
1 April 2011
|
ISSN 1725-2555 doi:10.3000/17252555.L_2011.086.eng |
||
|
Official Journal of the European Union |
L 86 |
|
|
|
||
|
English edition |
Legislation |
Volume 54 |
|
Contents |
|
II Non-legislative acts |
page |
|
|
|
REGULATIONS |
|
|
|
* |
Commission Regulation (EU) No 310/2011 of 28 March 2011 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for aldicarb, bromopropylate, chlorfenvinphos, endosulfan, EPTC, ethion, fenthion, fomesafen, methabenzthiazuron, methidathion, simazine, tetradifon and triforine in or on certain products ( 1 ) |
|
|
|
* |
||
|
|
* |
||
|
|
* |
||
|
|
* |
||
|
|
* |
||
|
|
* |
||
|
|
* |
||
|
|
|
||
|
|
|
||
|
|
|
||
|
|
|
DECISIONS |
|
|
|
* |
||
|
|
|
2011/204/EU |
|
|
|
* |
||
|
|
|
GUIDELINES |
|
|
|
|
2011/205/EU |
|
|
|
* |
||
|
|
|
2011/206/EU |
|
|
|
* |
|
|
|
Corrigenda |
|
|
|
* |
|
|
|
|
|
(1) Text with EEA relevance |
|
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/1 |
COMMISSION REGULATION (EU) No 310/2011
of 28 March 2011
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for aldicarb, bromopropylate, chlorfenvinphos, endosulfan, EPTC, ethion, fenthion, fomesafen, methabenzthiazuron, methidathion, simazine, tetradifon and triforine in or on certain products
(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 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) thereof,
Whereas:
|
(1) |
For aldicarb, bromopropylate, chlorfenvinphos, endosulfan, EPTC, ethion, fenthion, methidathion, simazine and triforine maximum residue levels (MRLs) are set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. For fomesafen, methabenzthiazuron and tetradifon MRLs were set in Part A of Annex III to Regulation (EC) No 396/2005. |
|
(2) |
The non-inclusion of aldicarb in Annex I to Council Directive 91/414/EEC (2) is provided for in Council Decision 2003/199/EC (3) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007. The non-inclusion of bromopropylate, chlorfenvinphos, EPTC, ethion, fomesafen, tetradifon and triforine is provided for in Commission Regulation (EC) No 2076/2002 (4) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007. The non-inclusion of endosulfan in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2005/864/EC (5) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007. The non-inclusion of fenthion in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2004/140/EC (6) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007. The non-inclusion of methabenzthiazuron in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2006/302/EC (7) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2009. The non-inclusion of methidathion in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2004/129/EC (8) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007.The non-inclusion of simazine in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2004/247/EC (9) and certain Member States were authorised to grant a period of grace expiring no later than 31 December 2007. |
|
(3) |
Since those periods of grace have expired, it is appropriate to lower the MRLs of those substances to the relevant level of analytical determination (LOD). This should not apply to CXLs based on uses in third countries, provided that those CXLs are acceptable with regard to consumer safety. Nor should it apply in cases where MRLs have been specifically set as import tolerances. |
|
(4) |
The Commission asked the European Food Safety Authority, hereinafter ‘the Authority’, to give an opinion on CXLs based on uses in third countries for bromopropylate, methidathion and triforine, examining in particular the risks to the consumer and, where relevant, to animals. The Authority gave reasoned opinions on those substances and forwarded them to the Commission and the Member States and made them available to the public. |
|
(5) |
In its opinion of 31 May 2010 (10) concerning bromopropylate the Authority concluded that the existing CXLs for citrus fruit, pome fruit and grapes cannot be considered acceptable with regard to consumer exposure. Therefore the current MRLs for these crops should be lowered to the relevant LOD. |
|
(6) |
In its opinion of 31 May 2010 (11) concerning Methidathion the Authority concluded that the available data do not support the existing MRLs on citrus fruit, cherries, peaches, plums, olives, onions, tomatoes, cucumber, head cabbage, dry peas, rape seed, sunflower seed, maize, tea, pome fruit and pineapples. As regards pome fruit and pineapples, however, the Authority proposed new MRLs, based on the available data. In respect of peas with pods and hops, the Authority concluded that the existing MRLs are obsolete and no longer required for international trade. Therefore the current MRLs for all these crops should be amended accordingly. |
|
(7) |
In its opinion of 31 May 2010 (12) concerning triforine the Authority concluded that the available data do not support the existing MRLs on pome fruit, stone fruit, currants, gooseberries, cucurbits (edible peel), barley, oats, rye, wheat and hops. Therefore the current MRLs for these crops should be lowered to the relevant LOD. |
|
(8) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. As regards bromopropylate, EPTC, fenthion, methabenzthiazuron, simazine, tetradifon and triforine, those laboratories concluded that for certain commodities technical development permits the setting of lower LODs. Furthermore, those laboratories advised to increase the LOD for aldicarb in tree nuts and bulb vegetables, for chlorfenvinphos in tree nuts, bulb vegetables, oilseeds and oil fruits, for endosulfan in bulb vegetables, for ethion in tree nuts, bulb vegetables, tea, coffee, herbal infusions and cocoa, hops and spices, for fenthion in tree nuts and bulb vegetables, for fomesafen in tree nuts, bulb vegetables, oilseeds and oil fruits, tea, coffee, herbal infusions and cocoa, hops and spices and for Methidathion in bulb vegetables, oilseeds and oil fruits. |
|
(9) |
Based on the reasoned opinions of the Authority and on the technical advice of those laboratories and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
|
(10) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
|
(11) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
|
(12) |
Annexes II and III to Regulation (EC) No 396/2005 should therefore be amended accordingly. |
|
(13) |
In order to allow for the normal marketing, processing and consumption of products, the Regulation provides for a transitional arrangement for products which have been lawfully produced before the modification of the MRLs and for which the Authority’s model for acute and chronic risk assessment shows that a high level of consumer protection is maintained. |
|
(14) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
As regards the active substances and the products set out in the following list, Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were lawfully produced before 21 October 2011:
(a) aldicarb: cereals;
(b) bromopropylate: quinces jelly, wine, raisins, tomato juice, preserved tomatoes, beans, herbal infusions (flowers);
(c) chlorfenvinphos: cultivated fungi;
(d) endosulfan: preserved tomatoes, wine, raisins, pear juice, tomato juice, grapes juice, herbal infusions (flowers, leaves, roots);
(e) EPTC: potato flakes, fried potatoes, maize, sunflower seeds, legume vegetables;
(f) ethion: azarole juice, cherimoya juice, guava juice, lentils, bamboo shoots, dried herbs (sage, rosemary, thyme, basil, bay leaves and tarragon);
(g) fenthion: olive oil;
(h) fomesafen: beans and peas (with and without pods, pulses), soya beans;
(i) methabenzthiazuron: all vegetables;
(j) methidathion: all fruit and vegetables except for citrus fruit; dry peas, maize, sorghum, sunflower seeds and rape seeds;
(k) simazine: all fruit and vegetables, pulses, oilseeds and oil fruits, cereals;
(l) tetradifon: wine, raisins, pulses;
(m) triforine: all fruit and vegetables except for pome fruit.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 21 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2011.
For the Commission
The President
José Manuel BARROSO
(2) OJ L 230, 19.8.1991, p. 1.
(3) OJ L 76, 22.3.2003, p. 21.
(4) OJ L 319, 23.11.2002, p. 3.
(5) OJ L 317, 3.12.2005, p. 25.
(6) OJ L 46, 17.2.2004, p. 32.
(7) OJ L 112, 26.4.2006, p. 15.
(8) OJ L 37, 10.2.2004, p. 27.
(9) OJ L 78, 16.3.2004, p. 50.
(10) European Food Safety Authority; Consumer safety assessment of certain EU MRLs established for bromopropylate. EFSA Journal 2010; 8(6):1640. [26 pp.]. doi:10.2903/j.efsa.2010.1640.
(11) European Food Safety Authority; Consumer safety assessment of the EU MRLs established for methidathion. EFSA Journal 2010; 8(6):1639. [49 pp.]. doi:10.2903/j.efsa.2010.1639.
(12) European Food Safety Authority; Assessment of maximum residue limits for triforine established by Codex Alimentarius Commission. EFSA Journal 2010; 8(6):1638. [22 pp.]. doi:10.2903/j.efsa.2010.1638.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
|
(1) |
in Annex II, the columns for aldicarb, bromopropylate, chlorfenvinphos, endosulfan, EPTC, ethion, fenthion, methidathion, simazine and triforine are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
(2) |
in Part A of Annex III, the columns for fomesafen, methabenzthiazuron and tetradifon are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
|
|
(3) |
in Part B of Annex III, the columns for aldicarb, bromopropylate, chlorfenvinphos, endosulfan, EPTC, ethion, fenthion, methidathion, simazine and triforine are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(*1) Indicates lower limit of analytical determination
(*2) Pesticide-code combination for which the MRL as set in Annex III Part B applies.
(2) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(*3) Indicates lower limit of analytical determination.’
(3) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
(*4) Indicates lower limit of analytical determination
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/51 |
COMMISSION IMPLEMENTING REGULATION (EU) No 311/2011
of 31 March 2011
replacing Annex I to Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America (1), and in particular Article 3 thereof,
Whereas:
|
(1) |
As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in compliance with its obligations under the World Trade Organisation (WTO) agreements, Regulation (EC) No 673/2005 imposed a 15 % ad valorem additional customs duty on imports of certain products originating in the United States of America as from 1 May 2005. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the Community at that time. |
|
(2) |
The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2010 (1 October 2009-30 September 2010). On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the European Union is calculated at USD 9,96 million. |
|
(3) |
Since the level of nullification or impairment and consequently of suspension has decreased, the 19 products of Annex II which were added in 2010 to the list in Annex I to Regulation (EC) No 673/2005 should be removed first from the list in Annex I to that Regulation. Eleven products of Annex I to Regulation (EC) No 673/2005 should then be withdrawn from Annex I to that Regulation following the order of that list. |
|
(4) |
The effect of a 15 % ad valorem additional customs duty on imports from the United States of the products in the amended Annex I represents, over 1 year, a value of trade that does not exceed USD 9,96 million. |
|
(5) |
To make sure that there are no delays in the customs clearance of goods removed from the scope of the 15 % ad valorem additional customs duty, this Regulation should enter into force on the day of its publication. |
|
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on trade retaliation, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 673/2005 is replaced by the text of 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 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
‘ANNEX I
The products on which additional duties are to apply are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) as amended by Council Regulation (EC) No 493/2005 (2).
0710 40 00
9003 19 30
8705 10 00
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/53 |
COMMISSION REGULATION (EU) No 312/2011
of 30 March 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the 20th day following 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, 30 March 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
||
|
(1) |
(2) |
(3) |
||
|
8548 90 90 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8548 , 8548 90 and 8548 90 90 . As the article cannot be considered to be a part of a specific machine of Section XVI, classification by virtue of Note 2 to Section XVI is excluded. As the article cannot be considered to be a part of a specific instrument or apparatus of Chapter 90, classification by virtue of Note 2 to Chapter 90 is also excluded. The article is an electrical part of machinery or apparatus, not specified or included elsewhere in Chapter 85. The article is therefore to be classified under CN code 8548 90 90 . |
||
|
8548 90 90 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8548 , 8548 90 and 8548 90 90 . As the article cannot be considered to be a part of a specific machine of Section XVI, classification by virtue of Note 2 to Section XVI is excluded. As the article cannot be considered to be a part of a specific instrument or apparatus of Chapter 90, classification by virtue of Note 2 to Chapter 90 is also excluded. The article is an electrical part of machinery or apparatus, not specified or included elsewhere in Chapter 85. The article is therefore to be classified under CN code 8548 90 90 . |
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/55 |
COMMISSION REGULATION (EU) No 313/2011
of 30 March 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.
Article3
This Regulation shall enter into force on the 20th day following 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, 30 March 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
|
(1) |
(2) |
(3) |
|
A piece of furniture (so-called ‘television stand’) with measurements of approximately 80 × 40 × 45 cm. The product consists of a top and two shelves made of clear tempered glass, and four cylindrical legs of approximately 45 × 5 cm made of metal. The maximum weight load of the product is 80 kg. The metal components and the glass components comprise approximately 47 % and 44 %, respectively, of the total value of the product. (*1) See the image. |
9403 20 80 |
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 9403 , 9403 20 and 9403 20 80 . Tables and similar furniture made of different materials are classified according to the material of which the support (legs and frame) is made, unless, by application of General Interpretative Rule 3(b), the material from which the top is made gives the table its essential character, for example, by being of a higher value (see also the CN Explanatory Notes to heading 9403 ). Classification under CN code 9403 89 00 as furniture of other materials (glass) is therefore excluded, as the glass top, being of less value than the metal support, does not give the product its essential character. Consequently, the product is to be classified according to the material of which the support is made. The product is therefore to be classified under CN code 9403 20 80 as other metal furniture. |
(*1) The image is purely for information.
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/57 |
COMMISSION REGULATION (EU) No 314/2011
of 30 March 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the 20th 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, 30 March 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
||||||||
|
(1) |
(2) |
(3) |
||||||||
|
An apparatus (so-called ‘infrared thermal camera’) for capturing images of infrared radiation by means of a microbolometer and displaying such images in colours representing different temperatures, with dimensions of approximately 26 × 8 × 11 cm. The apparatus comprises:
The microbolometer, being a thermal sensor used as a detector in the camera, provides for 19 200 pixels in each image where each pixel represents the result of a temperature measurement. The image is displayed in various colours representing the measurement of various temperatures together with a vertical scale showing the temperature at the top and bottom of the chosen range of temperatures and the range of colours going from top to bottom. The apparatus is also capable of measuring the temperature of a specific point and displaying the result on a temperature scale. The apparatus is used for preventative maintenance to detect defective construction or insulation and heat leaks. |
9025 19 20 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9025 , 9025 19 and 9025 19 20 . As the apparatus is capable of measuring temperature and representing the measured values in figures, which is a function covered by heading 9025 , classification under heading 8525 as a camera is excluded (see also the CN Explanatory Notes to heading 8525 ). As the purpose of the apparatus is not to measure or to check quantities of heat but to detect the level of infrared radiation (temperature measurement), classification under heading 9027 is excluded. Given its characteristics, the apparatus is therefore to be classified under CN code 9025 19 20 as a thermometer. |
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/59 |
COMMISSION REGULATION (EU) No 315/2011
of 30 March 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the 20th day following 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, 30 March 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
|
(1) |
(2) |
(3) |
|
Electromechanical machine (so-called ‘vibrating platform’), comprising a steel platform and a central column equipped with a handle and a control panel. The machine measures approximately 80 × 80 × 120 cm and weighs 34 kg. The control panel has a keypad and buttons for starting, repeating or interrupting the training programmes encoded. The platform is powered by a motor, which makes the platform oscillate from side to side relative to the central column, reproducing movements similar to fast walking. The oscillating movement is transmitted to the feet of the person standing on the platform (and then upwards to the muscles) at a frequency of between 30 Hz and 50 Hz. The machine acts as a stimulator to muscle contraction and is for use, for example, in medicine, physiotherapy and well-being. |
8479 89 97 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8479 , 8479 89 and 8479 89 97 . Classification as a mechano-therapy appliance under heading 9019 is excluded as the machine is not used for the treatment under medical supervision of joints or muscles (See also the Harmonised System Explanatory Notes (HSEN) to heading 9019 , (I)). Classification as massage apparatus under heading 9019 is also excluded as the main purpose of the machine is to stimulate all muscles of the body in such a way that they contract naturally. (See also the HSEN to heading 9019 , (II)). Classification as articles or equipment for general physical exercise under heading 9506 is excluded as the machine is not intended for physical exercise. (See also the HSEN to heading 9506 ). Given that the machine acts as a muscle stimulator by mechanical means, it is to be classified under CN code 8479 89 97 as a machine or mechanical appliance having individual functions, not specified or included elsewhere. |
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/61 |
COMMISSION REGULATION (EU) No 316/2011
of 30 March 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of 3 months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the 20th day following 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, 30 March 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
||||
|
(1) |
(2) |
(3) |
||||
|
A used pick-up vehicle, with an unfolding load-carrying platform, for the transport of persons and goods (so-called ‘multipurpose vehicle’), with a diesel engine of a cylinder-capacity of 3 200 cm3, an automatic gearbox, four-wheel drive (4 × 4), and a wheelbase length of 320 cm. It consists of:
|
8703 33 90 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8703 , 8703 33 and 8703 33 90 . Classification under heading 8704 as a vehicle for the transport of goods is excluded, given its intended use, which is inherent to the entirety of its objective characteristics and general appearance, as a vehicle principally designed for the transport of persons. The maximum inner length at the floor of the area for transport of goods is limited by the sides and the tailgate when the latter is closed. (See also the Harmonised System Explanatory Notes to heading 8703 and the CN Explanatory Notes to heading 8703 ). The vehicle is therefore to be classified under CN code 8703 33 90 as a used motor vehicle principally designed for the transport of persons. |
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/63 |
COMMISSION IMPLEMENTING REGULATION (EU) No 317/2011
of 31 March 2011
amending for the 147th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1)(a) and 7a(1) thereof,
Whereas:
|
(1) |
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
|
(2) |
On 23 March 2011 the Sanctions Committee of the United Nations Security Council decided to add one natural person to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
|
(3) |
Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly. |
|
(4) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
For the Commission, On behalf of the President,
Head of the Foreign Policy Instruments Service
ANNEX
In Annex I to Regulation (EC) No 881/2002, under the heading ‘Natural persons’, the following entry shall be added:
‘Ibrahim Hassan Tali Al-Asiri (alias (a) Ibrahim Hassan Tali Asiri, (b) Ibrahim Hasan Talea Aseeri, (c) Ibrahim Hassan al-Asiri, (d) Ibrahim Hasan Tali Asiri, (e) Ibrahim Hassan Tali Assiri, (f) Ibrahim Hasan Tali’A ’Asiri, (g) Ibrahim Hasan Tali al-’Asiri, (h) Ibrahim al-’Asiri, (i) Ibrahim Hassan Al Asiri, (j) Abu Saleh, (k) Abosslah, (l) Abu-Salaah). Address: Yemen. Date of birth: (a) 19.4.1982, (b) 18.4.1982, (c) 24.6.1402 (Hijri Calendar). Place of birth: Riyadh, Saudi Arabia. Nationality: Saudi Arabian. Passport No: F654645 (Saudi Arabian passport number, issued on 30.4.2005, expired on 7.3.2010, issue date in Hijri Calendar 24/06/1426, expiry date in Hijri Calendar 21/03/1431). National identification No: 1028745097 (Saudi Arabian civil identification number). Other information: (a) Operative and principal bomb maker of Al-Qaida in the Arabian Peninsula; (b) Believed to be hiding in Yemen as at March 2011; (c) Wanted by Saudi Arabia; (d) INTERPOL Orange Notice (file #2009/52/OS/CCC, #81) has been issued for him; (e) Associated with Nasir ’abd-al-Karim ’Abdullah Al-Wahishi, Said Ali al-Shihri, Qasim Yahya Mahdi al-Rimi and Anwar Nasser Abdulla Al-Aulaqi. Date of designation referred to in Article 2a(4)(b): 24.3.2011.’
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/65 |
COMMISSION IMPLEMENTING REGULATION (EU) No 318/2011
of 31 March 2011
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 April 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
IL |
61,9 |
|
JO |
68,6 |
|
|
MA |
52,9 |
|
|
TN |
106,6 |
|
|
TR |
79,8 |
|
|
ZZ |
74,0 |
|
|
0707 00 05 |
EG |
158,2 |
|
TR |
141,6 |
|
|
ZZ |
149,9 |
|
|
0709 90 70 |
MA |
38,2 |
|
TR |
121,7 |
|
|
ZA |
28,9 |
|
|
ZZ |
62,9 |
|
|
0805 10 20 |
EG |
53,3 |
|
IL |
76,5 |
|
|
MA |
52,7 |
|
|
TN |
50,9 |
|
|
TR |
69,5 |
|
|
ZZ |
60,6 |
|
|
0805 50 10 |
TR |
47,7 |
|
ZZ |
47,7 |
|
|
0808 10 80 |
AR |
81,5 |
|
BR |
80,8 |
|
|
CA |
87,6 |
|
|
CL |
92,6 |
|
|
CN |
85,4 |
|
|
MK |
45,6 |
|
|
US |
130,8 |
|
|
UY |
70,6 |
|
|
ZA |
90,1 |
|
|
ZZ |
85,0 |
|
|
0808 20 50 |
AR |
85,2 |
|
CL |
148,7 |
|
|
CN |
58,5 |
|
|
US |
79,9 |
|
|
ZA |
97,9 |
|
|
ZZ |
94,0 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/67 |
COMMISSION IMPLEMENTING REGULATION (EU) No 319/2011
of 31 March 2011
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
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 (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
|
(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 299/2011 (4). |
|
(2) |
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 April 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 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 178, 1.7.2006, p. 24.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 1 April 2011
|
(EUR) |
||
|
CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
|
1701 11 10 (1) |
49,59 |
0,00 |
|
1701 11 90 (1) |
49,59 |
0,03 |
|
1701 12 10 (1) |
49,59 |
0,00 |
|
1701 12 90 (1) |
49,59 |
0,00 |
|
1701 91 00 (2) |
49,96 |
2,48 |
|
1701 99 10 (2) |
49,96 |
0,00 |
|
1701 99 90 (2) |
49,96 |
0,00 |
|
1702 90 95 (3) |
0,50 |
0,22 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/69 |
COMMISSION IMPLEMENTING REGULATION (EU) No 320/2011
of 31 March 2011
fixing the import duties in the cereals sector applicable from 1 April 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 April 2011 and should apply until new import duties are fixed and enter into force, |
HAS ADOPTED THIS REGULATION:
Article 1
From 1 April 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 April 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 April 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
17.3.2011-30.3.2011
|
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
(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).
DECISIONS
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/72 |
COUNCIL DECISION 2011/203/CFSP
of 31 March 2011
amending Decision 2010/445/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (EUSR) for the crisis in Georgia until 28 February 2009. |
|
(2) |
On 11 August 2010, the Council adopted Decision 2010/445/CFSP (2) extending the mandate of the EUSR until 31 August 2011. The financial reference amount provided for to cover the expenditure relating to the mandate of the EUSR until that date was set at EUR 700 000. The financial reference amount should be increased to EUR 1 004 000 in order to allow for additional operational needs. |
|
(3) |
Decision 2010/445/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 5 of Decision 2010/445/CFSP, paragraph 1 is replaced by the following:
‘1. The financial reference amount intended to cover the expenditure relating to the mandate of the EUSR during the period from 1 September 2010 to 31 August 2011 shall be EUR 1 004 000.’.
Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 March 2011.
Done at Brussels, 31 March 2011.
For the Council
The President
VÖLNER P.
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/73 |
COMMISSION IMPLEMENTING DECISION
of 31 March 2011
on a financial contribution from the Union towards emergency measures to combat avian influenza in Denmark and the Netherlands in 2010
(notified under document C(2011) 1979)
(Only the Danish and Dutch texts are authentic)
(2011/204/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 4(2) thereof,
Whereas:
|
(1) |
Avian influenza is an infectious viral disease of poultry and other captive birds with a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and export to third countries. |
|
(2) |
In the event of an outbreak of avian influenza, there is a risk that the disease agent spreads to other poultry holdings within that Member State, but also to other Member States and to third countries through trade in live poultry or their products. |
|
(3) |
Council Directive 2005/94/EC (2) introducing Union measures for the control of avian influenza sets out measures which in the event of an outbreak have to be immediately implemented by Member States as a matter of urgency to prevent further spread of the virus. |
|
(4) |
Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. Pursuant to Article 4(2) of that Decision, Member States shall obtain a financial contribution towards the costs of certain measures to eradicate avian influenza. |
|
(5) |
Article 4(3), first and second indents of Decision 2009/470/EC lays down rules on the percentage of the costs incurred by the Member State that may be covered by the financial contribution from the Union. |
|
(6) |
The payment of a financial contribution from the Union towards emergency measures to eradicate avian influenza is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3). |
|
(7) |
Outbreaks of avian influenza occurred in Denmark in March 2010 and the Netherlands in May 2010. Denmark and the Netherlands took measures in accordance with Directive 2005/94/EC to combat those outbreaks. |
|
(8) |
The authorities of Denmark and the Netherlands were able to demonstrate through reports provided in the Standing Committee on the Food Chain and Animal Health and continuous submission of information on the development of the disease situation that they have efficiently implemented the control measures provided for in Directive 2005/94/EC leading to the rapid containment of the disease. |
|
(9) |
The authorities of Denmark and the Netherlands have therefore fulfilled all their technical and administrative obligations with regard to the measures provided for in Article 4(2) of Decision 2009/470/EC and Article 6 of Regulation (EC) No 349/2005. |
|
(10) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Financial contribution from the Union to Denmark and the Netherlands
1. A financial contribution from the Union may be granted to Denmark and the Netherlands towards the costs incurred by these Member States in taking measures pursuant to Article 4(2) and (3) of Decision 2009/470/EC, to combat avian influenza in Denmark in March 2010 and in the Netherlands in May 2010.
2. The financial contribution mentioned in paragraph 1 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 40(2) of Decision 2009/470/EC.
Article 2
Addressees
This Decision is addressed to the Kingdom of Denmark and Kingdom of the Netherlands.
Done at Brussels, 31 March 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 155, 18.6.2009, p. 30.
GUIDELINES
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/75 |
GUIDELINE OF THE EUROPEAN CENTRAL BANK
of 17 March 2011
amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2)
(ECB/2011/2)
(2011/205/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 3.1 and Articles 17, 18 and 22 thereof,
Whereas:
|
(1) |
The Governing Council of the European Central Bank (ECB) adopted Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1) governing TARGET2, which is characterised by a single technical platform called the Single Shared Platform. |
|
(2) |
Amendments should be made to Guideline ECB/2007/2 to allow the Governing Council to decide whether, as a precautionary measure, overnight credit may need to be made available in TARGET2 to certain eligible CCPs that are not licensed as credit institutions, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendments to Guideline ECB/2007/2
Guideline ECB/2007/2 is amended as follows:
|
1. |
Article 7(2) is replaced by the following text: ‘2. The eligibility criteria for intraday credit of ECB counterparties are defined in Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (*1). Intraday credit granted by the ECB shall remain limited to the day in question with no possibility of an extension to overnight credit. |
|
2. |
in Annex III, paragraph 3, the following subparagraphs are added: ‘By way of derogation, the Governing Council may decide to exempt, by means of a reasoned prior decision, certain eligible central counterparties (CCPs) from the prohibition on overnight credit extension. Such eligible CCPs are those that, at all relevant times:
All overnight credit granted to eligible CCPs shall be subject to the terms of this Annex (including, for the avoidance of doubt, the provisions in relation to eligible collateral). For the avoidance of doubt, the sanctions provided for in paragraphs 10 and 11 of this Annex shall apply in cases of non reimbursement by eligible CCPs of the overnight credit extended to them by their NCB. (*2) The Eurosystem’s current policy for the location of infrastructures is set out in the following statements, which are all published on the ECB’s website at www.ecb.europa.eu: (a) the “Policy statement on euro payment and settlement systems located outside the euro area” of 3 November 1998; (b) “The Eurosystem’s policy line with regard to consolidation in central counterparty clearing” of 27 September 2001; (c) “The Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions” of 19 July 2007; and (d) “The Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions: specification of ‘legally and operationally located in the euro area’ ” of 20 November 2008.’." |
Article 2
Guarantee Fund Accounts and Remuneration
1. To the extent that a CCP is required by regulation, including on oversight grounds, to hold a Guarantee Fund Account, funds credited to such an account of a CCP shall be remunerated at the main refinancing operations rate minus 15 basis points.
2. Funds otherwise credited to a Guarantee Fund Account of a CCP shall be remunerated at the deposit rate.
Article 3
Entry into force
This Guideline shall enter into force 2 days after its adoption. It shall apply from 11 April 2011.
Article 4
Addressees and implementing measures
1. This Guideline is addressed to all Eurosystem central banks.
2. The participating NCBs shall by 1 April 2011 send to the ECB the measures by which they intend to comply with this Guideline.
Done at Frankfurt am Main, 17 March 2011.
For the Governing Council of the ECB
The President of the ECB
Jean-Claude TRICHET
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/77 |
GUIDELINE OF THE EUROPEAN CENTRAL BANK
of 18 March 2011
amending Guideline ECB/2004/18 on the procurement of euro banknotes
(ECB/2011/3)
(2011/206/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,
Whereas:
|
(1) |
Pursuant to Article 21 of Guideline ECB/2004/18 of 16 September 2004 on the procurement of euro banknotes (1), the Governing Council is to review Guideline ECB/2004/18 at the beginning of 2008 and every 2 years thereafter. |
|
(2) |
Article 2(1) of Guideline ECB/2004/18 states that the single Eurosystem tender procedure (SETP) will start at the latest on 1 January 2012. The assumptions upon which the SETP start date was based have changed; therefore it is necessary to amend Article 2 of Guideline ECB/2004/18 to reflect the new SETP start date. |
|
(3) |
The expected SETP start date may be changed by a Governing Council decision, in the context of the review of Guideline ECB/2004/18, in particular where more than half of the national central banks (NCBs) representing more than half of the Eurosystem’s total banknote printing requirement choose not to participate in the SETP. |
|
(4) |
In view of the amendment to the expected start date of the SETP, an amendment to the definition of the transitional period is also necessary, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendment to Guideline ECB/2004/18
Guideline ECB/2004/18 is amended as follows:
|
1. |
Article 1(12) is replaced by the following:
|
|
2. |
Article 2(1) is replaced by the following: ‘1. The single Eurosystem tender procedure shall start at the latest on 1 January 2014, unless the Governing Council decides on a different start date.’. |
Article 2
Entry into force
This Guideline shall enter into force 2 days after its adoption.
Article 3
Addressees
This Guideline is addressed to all Eurosystem central banks.
Done at Frankfurt am Main, 18 March 2011.
For the Governing Council of the ECB
The President of the ECB
Jean-Claude TRICHET
Corrigenda
|
1.4.2011 |
EN |
Official Journal of the European Union |
L 86/78 |
Corrigendum to Commission Regulation (EU) No 1004/2010 of 8 November 2010 of operating deductions from certain fishing quotas for 2010 on account of overfishing in the previous year
( Official Journal of the European Union L 291 of 9 November 2010 )
On page 33, Annex, the following text is deleted:
|
‘IRL |
HER |
1/2. |
Herring |
EC and international waters of I and II |
y |
9 965,00 |
8 539,0 |
18 504,00 |
9 560,1 |
9 333,70 |
18 893,80 |
102,1 % |
– 389,80 |
8 563,00 |
|
8 173 ’ |
|
On page 34, Annex, the following text is deleted:
|
‘IRL |
HER |
*2AJMN |
Herring |
Norwegian waters north of 62° N and the fishery zone around Jan Mayen |
y |
8 539,00 |
0,0 |
8 539,00 |
0,0 |
9 560,10 |
9 560,10 |
112,0 % |
–1 037,82 |
7 707,00 |
|
6 669 ’ |
|
On page 34, Annex:
for:
|
‘NLD |
PLE |
03AN. |
Plaice |
Skagerrak |
y |
303,00 |
0,0 |
303,00 |
0,0 |
305,60 |
305,60 |
100,9 % |
–2,60 |
910,00 |
|
907 ’ |
|
read:
|
‘NLD |
PLE |
03AN. |
Plaice |
Skagerrak |
y |
303,00 |
0,0 |
303,00 |
0,0 |
305,60 |
305,60 |
100,9 % |
–2,60 |
1 400,00 |
|
1 397 ’ |
|