(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,

(1)

Article 8a of Directive 2011/16/EU provides for mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements. A standard form, including linguistic arrangements, should be used for those exchanges and a secure Member State central directory where the information be recorded should be developed.

(2)

Article 8aa of Directive 2011/16/EU provides for mandatory automatic exchange of information on country-by-country reports. Linguistic arrangements should be adopted as regards the form to be used for the exchanges.

(3)

Commission Implementing Regulation (EU) 2015/2378 (2) should therefore be amended accordingly.

(4)

For reasons of coherence and legal certainty, it is appropriate to align the dates of application of this Regulation with the dates by which the laws, regulations and administrative provisions in the Member States necessary to comply with Articles 8a and 8aa of Directive 2011/16/EU should apply.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Administrative Cooperation for Taxation,

(1)

The following Article 2a is inserted:

(2)

The following Article 2b is inserted:

(3)

Annex VII is added as set out in the Annex to this Regulation.

(1)

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

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003 applications were submitted for the authorisations of a preparation of dolomite-magnesite and a preparation of montmorillonite-illite. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

Those applications concern the authorisations of a preparation of dolomite-magnesite for dairy cows and other ruminants for dairy production, weaned piglets and pig for fattening and a preparation of montmorillonite-illite as feed additives for all animal species to be classified in the additive category ‘technological additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 1 December 2015 (2) that the preparation of dolomite-magnesite does not have an adverse effect on animal health, on the environment or on human health. The Authority has also concluded that it is efficacious as an anti-caking agent. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

Due to the physiological similarity of the dairy cows with all ruminants for dairy production, it is appropriate to extend the use of this additive to other ruminants for dairy production.

(6)

The Authority concluded in its opinions of 30 October 2014 and 10 September 2015 (3) that the preparation of montmorillonite-illite does not have an adverse effect on animal health, on the environment or on human health. The Authority has also concluded that it is efficacious as an anti-caking agent and as binder. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(7)

The assessment of the preparation of dolomite-magnesite and of the preparation of montmorillonite-illite shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those preparations should be authorised as specified in the Annexes to this Regulation.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(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,

(1)

The Agreement on the European Economic Area (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIX (Consumer protection) to the EEA Agreement.

(3)

Regulation (EU) No 524/2013 of the European Parliament and of the Council (2) is to be incorporated into the EEA Agreement.

(4)

Commission Implementing Regulation (EU) 2015/1051 (3) is to be incorporated into the EEA Agreement.

(5)

Directive 2013/11/EU of the European Parliament and of the Council (4) is to be incorporated into the EEA Agreement.

(6)

Annex XIX (Consumer protection) to the EEA Agreement should therefore be amended accordingly.

(7)

The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

(1)

Pursuant to the first subparagraph of Article 3(1) of Commission Decision 2002/757/EC (2) susceptible plants and susceptible wood may only be introduced into the territory of the Union if they comply with the emergency phytosanitary measures contained in points 1a and 2 of Annex I to that Decision. The second subparagraph of Article 3(1) of Decision 2002/757/EC provides for a derogation for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L., originating in the United States of America. It may be introduced into the Union until 30 November 2016 without complying with the conditions set out in point 2 of Annex I to that Decision, provided that it complies with the conditions set out in Annex II to that Decision.

(2)

Implementing Commission Decision (EU) 2015/893 (3) lays down the requirements for the introduction into the Union of bark-free sawn wood of Acer spp. originating in third countries. Those requirements are considered necessary for the phytosanitary protection of Union territory from Anoplophora glabripennis (Motschulsky) and no derogation from them should be considered justified. That species of bark-free sawn wood should therefore no longer be subject to the derogation provided for in Decision 2002/757/EC

(3)

In light of the information submitted periodically by Member States to the Commission, it may be concluded that the application of the specific conditions laid down in Annex II to Decision 2002/757/EC is sufficient to prevent the introduction of harmful organisms into the Union. Member States should continue to apply those conditions with regard to bark-free sawn wood of Quercus spp. L., originating in the United States of America. The assessment of the technical information submitted by the United States shows that the Kiln Drying Sawn Hardwood Lumber Certification Program, referred to in Article 6a(3) of Decision 2002/757/EC, is functioning effectively.

(4)

Therefore the authorisation for the derogation in respect of bark-free sawn wood of Quercus spp. L. originating in the United States of America should be extended until 31 December 2026 in order to avoid any unnecessary disruptions of trade with regard to that wood.

(5)

Decision 2002/757/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

(2)

Although avian influenza is mainly found in birds, infection with the causative virus has occurred occasionally and under certain circumstances also in humans.

(3)

In the event of an outbreak of avian influenza, there is a risk that the disease agent spreads to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live poultry or other captive birds or their products.

(4)

Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza.

(5)

Hungary notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a holding on its territory where poultry or other captive birds are kept and it took the measures pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones.

(6)

The Commission has examined those measures and is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority in that Member State, are at sufficient distance to any holding where an outbreak was confirmed.

(7)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define at Union level, in collaboration with the affected Member State, the protection and surveillance zones established in Hungary.

(8)

Accordingly, the protection and surveillance zones in Hungary, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be defined in the Annex to this Decision and the duration of that regionalisation fixed.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,