ISSN 1977-0677 doi:10.3000/19770677.L_2012.222.eng |
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Official Journal of the European Union |
L 222 |
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English edition |
Legislation |
Volume 55 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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2012/480/EU |
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Commission Implementing Decision of 16 August 2012 allowing Member States to extend provisional authorisations granted for the new active substance Aureobasidium pullulans (notified under document C(2012) 5709) ( 1 ) |
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(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
18.8.2012 |
EN |
Official Journal of the European Union |
L 222/1 |
COMMISSION IMPLEMENTING REGULATION (EU) No 749/2012
of 14 August 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2012.
For the Commission, On behalf of the President,
Andris PIEBALGS
Member of the Commission
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
(1) |
(2) |
(3) |
A product (so-called ‘Chitosan’) prepared from crustacean shells, consisting of amino polysaccharides. The product is presented in gelatine capsules, put up for retail sale. According to the label the product is presented as a food supplement for human consumption. |
2106 90 92 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106 , 2106 90 and 2106 90 92 . The product is a food preparation presented in the form of capsules. The casing is a factor that, together with the content, determines the use and character of the product as a food supplement (see judgment of the Court of Justice of the European Union in joined cases C-410/08 to C-412/08 ‘Swiss Caps’, [2009] ECR p.I-11991, paragraphs 29 and 32). Consequently, classification of the product as a natural polymer under heading 3913 is excluded. The product is therefore to be classified under heading 2106 as a food preparation not elsewhere specified or included (see also Harmonised System Explanatory Notes to heading 2106 , point (16). |
18.8.2012 |
EN |
Official Journal of the European Union |
L 222/3 |
COMMISSION IMPLEMENTING REGULATION (EU) No 750/2012
of 14 August 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
(4) |
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2012.
For the Commission, On behalf of the President,
Andris PIEBALGS
Member of the Commission
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
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(1) |
(2) |
(3) |
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A product (so-called ‘Propolis’) presented in gelatine capsules, put up for retail sale. The content of each capsule consists of the following components (% by weight):
Those components are materials collected by bees and are transformed with the enzymes of their saliva. According to the label the product is presented as a food supplement for human consumption. |
2106 90 92 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106 , 2106 90 and 2106 90 92 . The product is a food preparation presented in the form of capsules. The casing is a factor that, together with the content, determines the use and character of the product as a food supplement (see judgment of the Court of Justice of the European Union in joined cases C-410/08 to C-412/08, ‘Swiss Caps’, [2009] ECR I-11991, paragraphs 29 and 32). Consequently, classification of the product as an edible product of animal origin under CN code 0410 00 00 is excluded. The product is therefore to be classified under heading 2106 as a food preparation not elsewhere specified or included (see also Harmonised System Explanatory Notes to heading 2106 , point (16). |
18.8.2012 |
EN |
Official Journal of the European Union |
L 222/5 |
COMMISSION IMPLEMENTING REGULATION (EU) No 751/2012
of 16 August 2012
correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(3) and Article 38(d) thereof,
Whereas:
(1) |
Annex IV to Commission Regulation (EC) No 1235/2008 (2) as amended by Annex II to Implementing Regulation (EU) No 508/2012 (3) sets out the list of control bodies and control authorities competent to carry out controls and issue certificates in third countries for the purpose of equivalence. |
(2) |
In relation to CERES Certification of Environmental Standards GmbH, Ecocert SA and Istituto Mediterraneo di Certificazione s.r.l., certain third countries, code numbers and product categories have been omitted from that list. In addition, for Ecocert SA a reference to an exception to the products covered is missing. |
(3) |
Therefore, Annex IV to Regulation (EC) No 1235/2008 should be corrected accordingly. |
(4) |
For the sake of legal certainty, this Regulation should apply from the date of application of Annex II to Implementing Regulation (EU) No 508/2012. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 1235/2008 is corrected in accordance with 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 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 August 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 189, 20.7.2007, p. 1.
ANNEX
Annex IV to Regulation (EC) No 1235/2008 is corrected as follows:
(1) |
In the text relating to ‘CERES Certification of Environmental Standards GmbH’, point 3 is replaced by the following:
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(2) |
The text relating to ‘Ecocert SA’ is corrected as follows:
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(3) |
In the text relating to ‘Istituto Mediterraneo di Certificazione s.r.l.’, point 3 is replaced by the following:
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18.8.2012 |
EN |
Official Journal of the European Union |
L 222/11 |
COMMISSION IMPLEMENTING REGULATION (EU) No 752/2012
of 17 August 2012
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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 August 2012.
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) |
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CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
MK |
57,4 |
ZZ |
57,4 |
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0707 00 05 |
MK |
66,1 |
TR |
108,7 |
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ZZ |
87,4 |
|
0709 93 10 |
TR |
104,8 |
ZZ |
104,8 |
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0805 50 10 |
AR |
100,0 |
CL |
88,4 |
|
TR |
95,0 |
|
UY |
81,0 |
|
ZA |
94,7 |
|
ZZ |
91,8 |
|
0806 10 10 |
BA |
58,2 |
EG |
199,9 |
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TR |
133,9 |
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ZZ |
130,7 |
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0808 10 80 |
AR |
168,7 |
BR |
105,4 |
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CL |
125,5 |
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NZ |
127,1 |
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US |
194,6 |
|
ZA |
99,6 |
|
ZZ |
136,8 |
|
0808 30 90 |
AR |
111,1 |
CN |
80,2 |
|
TR |
140,3 |
|
ZA |
110,2 |
|
ZZ |
110,5 |
|
0809 30 |
TR |
166,2 |
ZZ |
166,2 |
|
0809 40 05 |
BA |
62,3 |
IL |
85,8 |
|
ZZ |
74,1 |
(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’.
DECISIONS
18.8.2012 |
EN |
Official Journal of the European Union |
L 222/13 |
COMMISSION IMPLEMENTING DECISION
of 16 August 2012
allowing Member States to extend provisional authorisations granted for the new active substance Aureobasidium pullulans
(notified under document C(2012) 5709)
(Text with EEA relevance)
(2012/480/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(1) thereof,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (2), and in particular Article 80(1)(a) thereof,
Whereas:
(1) |
In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Directive 91/414/EEC shall continue to apply to active substances for which a decision has been adopted in accordance with Article 6(3) of Directive 91/414/EEC before 14 June 2011. |
(2) |
In accordance with Article 6(2) of Directive 91/414/EEC, in April 2008 Austria received an application from bio-ferm GmbH for the inclusion of the active substance Aureobasidium pullulans in Annex I to Directive 91/414/EEC. Commission Decision 2008/953/EC (3) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive. |
(3) |
Confirmation of the completeness of the dossier was necessary in order to allow it to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods of up to three years, for plant protection products containing the active substance concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the conditions relating to the detailed assessment of the active substance and the plant protection products in the light of the requirements laid down by that Directive. |
(4) |
For this active substance, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The rapporteur Member State submitted the draft assessment report to the Commission on 16 December 2009. |
(5) |
Following submission of the draft assessment report by the rapporteur Member State, it has been found to be necessary to request further information from the applicant and to have the rapporteur Member State examine that information and submit its assessment. Therefore, the examination of the dossier is still ongoing and it will not be possible to complete the evaluation within the timeframe provided for in Directive 91/414/EEC. |
(6) |
As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substance concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossier to continue. It is expected that the evaluation and decision-making process with respect to a decision on a possible approval in accordance with Article 13(2) of Regulation (EC) No 1107/2009 for Aureobasidium pullulans will have been completed within 24 months. |
(7) |
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
Member States may extend provisional authorisations for plant protection products containing Aureobasidium pullulans for a period ending on 31 August 2014 at the latest.
Article 2
This Decision shall expire on 31 August 2014.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 16 August 2012.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1.