ISSN 1977-0677

Official Journal

of the European Union

L 271
European flag  

English edition

Legislation

Volume 60
20 October 2017

Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) 2017/1914 of 19 October 2017 concerning the authorisation of salinomycin sodium (Sacox 120 microGranulate and Sacox 200 microGranulate) as a feed additive for chickens for fattening and chickens reared for laying and repealing Regulations (EC) No 1852/2003 and (EC) No 1463/2004 (holder of authorisation Huvepharma NV) ( 1 )

1

 

*

Commission Implementing Regulation (EU) 2017/1915 of 19 October 2017 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora

7

 

 

Commission Implementing Regulation (EU) 2017/1916 of 19 October 2017 fixing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 October 2017 under the tariff quotas opened by Regulation (EC) No 341/2007 for garlic

25

 

 

Commission Implementing Regulation (EU) 2017/1917 of 19 October 2017 fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged until 9 October 2017 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending the submission of applications for such licences

27

 

 

Commission Implementing Regulation (EU) 2017/1918 of 19 October 2017 fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 October 2017 are based and establishing the quantities to be added to the quantity fixed for the sub-period from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

30

 

 

Commission Implementing Regulation (EU) 2017/1919 of 19 October 2017 on the minimum selling price for skimmed milk powder for the 13th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

33

 

 

DIRECTIVES

 

*

Commission Implementing Directive (EU) 2017/1920 of 19 October 2017 amending Annex IV to Council Directive 2000/29/EC as regards the movement of seeds of Solanum tuberosum L. originating in the Union

34

 

 

DECISIONS

 

*

Council Decision (EU) 2017/1921 of 16 October 2017 on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a list of arbitrators

38

 

*

Council Decision (EU) 2017/1922 of 16 October 2017 on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the amendment of Annex IX to Protocol I

41

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

*

Decision No 1/2017 of the ESA-EU Customs Cooperation Committee of 2 October 2017 on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of the Eastern and Southern Africa States with regard to preserved tuna and tuna loins [2017/1923]

44

 

*

Decision No 2/2017 of the ESA-EU Customs Cooperation Committee of 2 October 2017 on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of Mauritius with regard to salted snoek [2017/1924]

47

 

 

(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

20.10.2017   

EN

Official Journal of the European Union

L 271/1

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1914

of 19 October 2017

concerning the authorisation of salinomycin sodium (Sacox 120 microGranulate and Sacox 200 microGranulate) as a feed additive for chickens for fattening and chickens reared for laying and repealing Regulations (EC) No 1852/2003 and (EC) No 1463/2004 (holder of authorisation Huvepharma NV)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) and 13(3) thereof,

Whereas:

(1)

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

(2)

Salinomycin sodium 120 g/kg (Sacox 120 microGranulate) was authorised for 10 years in accordance with Directive 70/524/EEC as feed additive for chickens reared for laying by Commission Regulation (EC) No 1852/2003 (3) and for chickens for fattening by Commission Regulation (EC) No 1463/2004 (4). That additive was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of salinomycin sodium 120 g/kg (Sacox 120 microGranulate) as a feed additive for chickens for fattening and chickens reared for laying. In accordance with Article 7 of that Regulation, an application was submitted for the authorisation of the new formulation of salinomycin sodium 200 g/kg (Sacox 200 microGranulate) requesting that additive to be classified in the additive category ‘coccidiostats and histomonostas’. In accordance with Article 13(3) of that Regulation, an application was submitted requesting the reduction of the withdrawal time before slaughter from one to zero days and requesting a modification of the Maximum Residue Levels (‘MRLs’) for that additive from 5 μg/kg of all wet tissues to 0,150 mg/kg of liver, 0,040 mg/kg of kidney, 0,015 mg/kg of muscle and 0,150 mg/kg of skin/fat. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 6 December 2016 (5) that, under the proposed conditions of use, the salinomycin sodium 120 g/kg (Sacox 120 microGranulate) and salinomycin sodium 200 g/kg (Sacox 200 microGranulate) do not have an adverse effect on animal health, human health or the environment. The Authority further concluded that the use of the salinomycin sodium 120 g/kg (Sacox 120 microGranulate) and of salinomycin sodium 200 g/kg (Sacox 200 microGranulate) is effective in the control of coccidiosis in chickens for fattening and that, by the provided studies, the conclusion is extended to chickens reared for laying. The Authority also concluded that the exposure estimates at the highest use level indicated an acceptable withdrawal time of zero days. The Authority also concluded that it is not necessary to set MRLs. 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)

However for control reasons, MRLs, as applied for, should be set for liver, kidney, muscle and skin/fat. It was also considered that field monitoring of Eimeria spp. resistance to salinomycin sodium shall be undertaken, preferably during the latter part of the period of authorisation.

(6)

The assessment of the salinomycin sodium (Sacox 120 microGranulate and Sacox 200 microGranulate) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(7)

Regulations (EC) No 1852/2003 and (EC) No 1463/2004 should be repealed.

(8)

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

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

Authorisation

The preparations specified in the Annex, belonging to the additive category ‘coccidiostats and histomonostas’ are authorised as a coccidiostat in animal nutrition, subject to the conditions laid down in the Annex.

Article 2

Repeal of Regulation (EC) No 1852/2003

Regulation (EC) No 1852/2003 is repealed.

Article 3

Repeal of Regulation (EC) No 1463/2004

Regulation (EC) No 1463/2004 is repealed.

Article 4

Transitional measures

The preparation specified in the Annex and feed containing that preparation, which are produced and labelled before 9 May 2018 in accordance with the rules applicable before 9 November 2017 may continue to be placed on the market and used until the existing stocks are exhausted.

Article 5

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 October 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1)   OJ L 268, 18.10.2003, p. 29.

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

(3)  Commission Regulation (EC) No 1852/2003 of 21 October 2003 authorising the use for 10 years of a coccidiostat in feedingstuffs (OJ L 271, 22.10.2003, p. 13).

(4)  Commission Regulation (EC) No 1463/2004 of 17 August 2004 concerning the authorisation for 10 years of the additive ‘Sacox 120 microGranulate’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances (OJ L 270, 18.8.2004, p. 5).

(5)  EFSA Journal 2017; 15(1):4670.

ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

(trade name)

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

Maximum Residue Limits (MRLs) in the relevant foodstuffs of animal origin

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

Coccidiostats and histomonostats

51766

Huvepharma NV.

Salinomycin sodium 120 g/kg

(Sacox 120 microGranulate)

Salinomycin sodium 200 g/kg

(Sacox 200 microGranulate)

Additive composition

(Sacox120 microGranulate):

 

Salinomycin sodium: 114-132 g/kg

 

Silicon dioxide: 10-100 g/kg

 

Calcium carbonate: 500-700 g/kg

Solid form

(Sacox 200 microGranulate):

 

Salinomycin sodium: 190-220 g/kg

 

Silicon dioxide: 50-150 g/kg

 

Calcium carbonate: 50-150 g/kg

Solid form

Characterisation of the active substance

Salinomycin sodium,

C42H69Na O11,

CAS number: 55721-31-8,

sodium salt of a polyether monocarboxylic acid produced by fermentation of Streptomyces azureus (DSM 32267)

Related impurities:

—

≤ 10 mg elaiophylin/kg salinomycin sodium.

—

≤ 2 g 17-epi-20-desoxy-salinomycin/kg salinomycin sodium.

—

≤ 10 g 20-desoxysalinomycin/kg salinomycin sodium.

—

≤ 10 g 18,19-dihydrosalinomycin/kg salinomycin sodium.

—

≤ 10 g methylated salinomycin/kg salinomycin sodium.

Analytical method  (1)

For the quantification of salinomycin in the feed additive:

High Performance Liquid Chromatography using post-column derivatisation coupled to spectrophotometric detection (HPLC-PCD-UV-Vis).

For the quantification of salinomycin in premixtures and feedingstuffs:

High Performance Liquid Chromatography using post-column derivatisation coupled to spectrophotometric detection (HPLC-PCD-UV-Vis) — EN ISO 14183.

Chickens for fattening

—

50

70

1.

The additives shall be incorporated in compound feed in the form of a premixture.

2.

The following shall be indicated in the instructions for use:

‘Dangerous for equines and turkeys.

This feedingstuff contains an ionophore:

simultaneous use with certain medicinal substances (e.g. tiamulin) can be contra-indicated’.

3.

Salinomycin sodium shall not be mixed with other coccidiostats.

4.

A post-market monitoring program on the resistance to bacteria and Eimeria spp. shall be planned and executed by the holder of authorisation.

5.

Zero days of withdrawal time.

6.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing, eyes and skin protections.

9 November 2027

150 μg salinomycin sodium/kg of liver;

40 μg salinomycin sodium/kg of kidney;

15 μg salinomycin sodium/kg of muscle, and 150 μg salinomycin sodium/kg. skin/fat.

Chickens reared for laying

12 weeks

50

50

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

20.10.2017   

EN

Official Journal of the European Union

L 271/7

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1915

of 19 October 2017

prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 4(6) thereof,

Whereas:

(1)

The purpose of Regulation (EC) No 338/97 is to protect species of wild fauna and flora and to guarantee their conservation by regulating trade in animal and plant species listed in its Annexes. The species listed in the Annexes include the species set out in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in 1973 (2) (the Convention) as well as species whose conservation status requires that trade from, into and within the Union be regulated or monitored.

(2)

Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of specimens of certain species into the Union in accordance with the conditions laid down in points (a) to (d) thereof.

(3)

On the basis of recent information, the Scientific Review Group established pursuant to Article 17 of Regulation (EC) No 338/97 has concluded that the conservation status of certain species listed in Annex B to Regulation (EC) No 338/97 would be seriously jeopardised if their introduction into the Union from certain countries of origin is not prohibited. The introduction into the Union of specimens of the following species should therefore be prohibited:

 

Macaca fascicularis from Laos;

 

Kinyongia fischeri and Kinyongia tavetana from Tanzania;

 

Trioceros quadricornis from Cameroon;

 

Hippocampus algiricus from Guinea and Senegal;

 

Ornithoptera priamus from Solomon Islands (wild and ranched specimens)

 

Pandinus imperator (ranched specimens) from Ghana;

 

Phelsuma borai, Phelsuma gouldi, Phelsuma hoeschi and Phelsuma ravenala from Madagascar.

(4)

The Scientific Review Group has also concluded that, on the basis of the most recent available information, the prohibition of the introduction into the Union of certain species listed in Annex A to Regulation (EC) No 338/97 should no longer be required for specimens of the following species:

Falco cherrug from Bahrain.

(5)

The Scientific Review Group has also concluded that, on the basis of the most recent available information, the prohibition of the introduction into the Union of certain species listed in Annex B to Regulation (EC) No 338/97 should no longer be required for specimens of the following species:

 

Saiga borealis, Cypripedium macranthos, Orchis coriophora, Orchis pallens and Orchis ustulata from Russia;

 

Hexaprotodon liberiensis, Cercopithecus pogonias, Cercopithecus preussi, Lophocebus albigena, Euoticus pallidus and Arctocebus calabarensis from Nigeria;

 

Profelis aurata, Cercopithecus mona, Cercopithecus petaurista, Perodicticus potto and Chamaeleo gracilis (wild and ranched specimens (with snout to vent length greater than 8 cm)) from Togo;

 

Hydrictis maculicollis from Tanzania;

 

Zaglossus bartoni from Indonesia and Papua New Guinea;

 

Zaglossus bruijni from Indonesia;

 

Alouatta guariba from Argentina, Bolivia and Brazil;

 

Ateles belzebuth from Brazil, Colombia, Ecuador, Peru and Venezuela;

 

Ateles fusciceps from Colombia, Ecuador and Panama;

 

Ateles geoffroyi from Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico and Panama;

 

Ateles hybridus, Lagothrix lugens and Podocnemis lewyana from Colombia and Venezuela;

 

Lagothrix lagotricha from Brazil, Colombia, Ecuador and Peru;

 

Lagothrix poeppigii from Brazil, Ecuador and Peru;

 

Cercopithecus erythrogaster from Benin and Nigeria;

 

Cercopithecus erythrotis from Cameroon, Equatorial Guinea and Nigeria;

 

Cercopithecus hamlyni from Democratic Republic of the Congo, Rwanda and Uganda;

 

Colobus vellerosus from Nigeria and Togo;

 

Macaca cyclopis from Japan and Taiwan (POC);

 

Piliocolobus badius from Côte d'Ivoire, Gambia, Ghana, Guinea Bissau, Liberia, Senegal and Sierra Leone;

 

Galago matschiei and Balearica regulorum from Rwanda;

 

Pithecia pithecia and Paleosuchus trigonatus from Guyana;

 

Gyps bengalensis from Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Iran, Laos, Malaysia, Myanmar, Nepal, Pakistan, Russia, Thailand and Viet Nam;

 

Gyps indicus from Pakistan;

 

Gyps tenuirostris from Bangladesh, Cambodia, Laos, Malaysia, Myanmar, Nepal, Thailand and Vietnam;

 

Leucopternis lacernulatus and Aratinga auricapillus from Brazil;

 

Bugeranus carunculatus from South Africa;

 

Charmosyna diadema, Hippopus hippopus, Tridacna maxima and Tridacna squamosa from New Caledonia;

 

Agapornis nigrigenis from Botswana, Namibia, Zambia and Zimbabwe;

 

Hapalopsittaca amazonina from Colombia, Ecuador and Venezuela;

 

Hapalopsittaca pyrrhops from Ecuador and Peru;

 

Leptosittaca branickii from Colombia, Ecuador and Peru;

 

Poicephalus gulielmi from Côte d'Ivoire;

 

Poicephalus robustus from Nigeria and Uganda;

 

Psittrichas fulgidus from Indonesia and Papua New Guinea;

 

Uromastyx dispar and Ophrys pallida from Algeria;

 

Calumma ambreense, Calumma capuroni, Calumma cucullatum, Calumma furcifer, Calumma guibei, Calumma hilleniusi, Calumma linota, Calumma peyrierasi, Calumma tarzan, Calumma tsaratananense, Calumma vatosoa, Furcifer angeli, Furcifer balteatus, Furcifer belalandaensis, Furcifer monoceras, Furcifer nicosiai, Furcifer tuzetae, Phelsuma abbotti, Phelsuma antanosy, Phelsuma barbouri, Phelsuma berghofi, Phelsuma flavigularis, Phelsuma guttata, Phelsuma hielscheri, Phelsuma klemmeri, Phelsuma malamakibo, Phelsuma masohoala, Phelsuma modesta, Phelsuma mutabilis, Phelsuma pronki, Phelsuma pusilla, Phelsuma seippi, Phelsuma serraticauda, Uroplatus ebenaui, Uroplatus fimbriatus, Uroplatus guentheri, Uroplatus henkeli, Uroplatus lineatus, Uroplatus malama, Uroplatus phantasticus, Uroplatus pietschmanni, Uroplatus sameiti, Uroplatus sikorae, Mantella bernhardi, Mantella expectata and Mantella milotympanum from Madagascar;

 

Trioceros eisentrauti from Cameroon;

 

Phelsuma comorensis, Phelsuma laticauda and Phelsuma v-nigra from Comoros;

 

Phelsuma dubia from Comoros and Madagascar;

 

Boa constrictor from Honduras;

 

Python natalensis (ranched specimens) and Stigmochelys pardalis from Mozambique;

 

Python reticulatus from Malaysia (Peninsular);

 

Python sebae from Mauritania;

 

Batagur borneoensis from Brunei Darussalam, Indonesia, Malaysia and Thailand;

 

Gopherus agassizii from the United States;

 

Gopherus berlandieri from Mexico and the United States;

 

Tridacna derasa from New Caledonia and Philippines;

 

Galanthus nivalis from Bosnia and Herzegovina, Switzerland and Ukraine;

 

Anacamptis pyramidalis, Barlia robertiana, Dactylorhiza romana, Ophrys holoserica, Ophrys tenthredinifera, Ophrys umbilicata, Orchis italica, Orchis morio, Orchis punctulata, Orchis purpurea, Orchis tridentata, Serapias cordigera, Serapias parviflora, Serapias vomeracea, Cyclamen intaminatum, Cyclamen mirabile, Cyclamen pseudibericum and Cyclamen trochopteranthum from Turkey;

 

Cypripedium japonicum from Japan and North Korea;

 

Cypripedium margaritaceum from China;

 

Euphorbia guillauminiana, Pachypodium inopinatum, Pachypodium rosulatum and Pachypodium sofiense from Madagascar

 

Orchis mascula (wild and ranched specimens) from Albania;

 

Orchis simia from Bosnia and Herzegovina, former Yugoslav Republic of Macedonia and Turkey.

(6)

The species Chitra chitra, Manis temminckii, Manis tricuspis, Macaca sylvanus, Psittacus erithacus and Psittacus erithacus timneh have recently been included in Appendix I to the Convention as well as in Annex A to Regulation (EC) No 338/97. The prohibition of the introduction into the Union for specimens of these species formerly listed in Annex B to Regulation (EC) No 338/97 is therefore no longer required:

 

Chitra chitra from Malaysia,

 

Manis temminckii from the Democratic Republic of the Congo;

 

Manis tricuspis fom Guinea;

 

Macaca sylvanus from Algeria and Morocco;

 

Psittacus erithacus from Benin, Equatorial Guinea, Liberia and Nigeria

 

Psittacus erithacus timneh from Guinea and Guinea-Bissau.

(7)

The species Trachemys scripta elegans, Callosciurus erythraeus, Sciurus carolinensis, Sciurus niger, Oxyura jamaicensis and Lithobates catesbeianus have been removed from the Annex B to Regulation (EC) No 338/97. The prohibition of the introduction into the Union for specimens of these species formerly listed in Annex B to Regulation (EC) No 338/97 is therefore no longer required:

Trachemys scripta elegans, Callosciurus erythraeus, Sciurus carolinensis, Sciurus niger, Oxyura jamaicensis and Lithobates catesbeianus from all countries of origin.

(8)

The countries of origin of the species which are subject to new restrictions to the introduction into the Union have all been consulted bilaterally or through the multilateral processes under the Convention.

(9)

At the 17th Conference of the Parties to the Convention, new nomenclatural references (splitting/lumping/renaming of taxa) for animals were adopted and should be reflected accordingly in Union legislation. These changes concern the species Poicephalus robustus/fuscicollis, Calumma linota/linotum, Cordylus/Smaug mossambicus, Cuora bourreti/galbinifrons/picturata, Geochelone/Centrochelys sulcata, Kinixys belliana/nogueyi/zombensis, Pandinus imperator/roesli, Tridacna maxima/noae, Trioceros quadricornis/eisentrauti as well as the class name Actinopteri.

(10)

The list of species for which the introduction into the Union is prohibited should therefore be updated and Commission Implementing Regulation (EU) 2015/736 (3) should, for reasons of clarity, be replaced.

(11)

The Scientific Review Group has been consulted on this Regulation.

(12)

Applications for import permits for specimens of species for which import is restricted pursuant to Article 4(6) of Regulation (EC) No 338/97 shall be treated by Member States in accordance with Article 71 of Commission Regulation (EC) No 865/2006 (4).

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora established pursuant to Article 18 of Regulation (EC) No 338/97,

HAS ADOPTED THIS REGULATION:

Article 1

The introduction into the Union of specimens of the species of wild fauna and flora set out in the Annex to this Regulation from the countries of origin indicated therein is prohibited.

Article 2

Implementing Regulation (EU) 2015/736 is repealed.

References to the repealed Implementing Regulation shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 October 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1)   OJ L 61, 3.3.1997, p. 1.

(2)  https://cites.org/sites/default/files/eng/disc/CITES-Convention-EN.pdf

(3)  Commission Implementing Regulation (EU) 2015/736 of 7 May 2015 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora (OJ L 117, 8.5.2015, p. 25).

(4)  Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, p. 1).

ANNEX

I.   Specimens of species included in Annex A to Regulation (EC) No 338/97 whose introduction into the Union is prohibited

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), Point:

FAUNA

CHORDATA

 

 

 

 

MAMMALIA

ARTIODACTYLA

Bovidae

Capra falconeri

Wild

Hunting trophies

Uzbekistan

(a)

CARNIVORA

Canidae

Canis lupus

Wild

Hunting trophies

Belarus, Mongolia, Tajikistan, Turkey

(a)

Ursidae

Ursus arctos

Wild

Hunting trophies

Canada (British Columbia), Kazakhstan

(a)

Ursus thibetanus

Wild

Hunting trophies

Russia

(a)

PROBOSCIDEA

Elephantidae

Loxodonta africana

Wild

Hunting trophies

Cameroon

(a)

II.   Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Union is prohibited

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), Point:

FAUNA

CHORDATA

 

 

 

 

MAMMALIA

ARTIODACTYLA

Bovidae

Ovis vignei bochariensis

Wild

All

Uzbekistan

(b)

Cervidae

Cervus elaphus bactrianus

Wild

All

Uzbekistan

(b)

Hippopotamidae

Hippopotamus amphibius

Wild

All

Mozambique

(b)

Moschidae

Moschus moschiferus

Wild

All

Russia

(b)

CARNIVORA

Eupleridae

Cryptoprocta ferox

Wild

All

Madagascar

(b)

Felidae

Panthera leo

Wild

All

Ethiopia

(b)

Profelis aurata

Wild

All

Tanzania

(b)

Odobenidae

Odobenus rosmarus

Wild

All

Greenland

(b)

PRIMATES

Cercopithecidae

Cercopithecus dryas

Wild

All

Democratic Republic of the Congo

(b)

Macaca fascicularis

Wild

All

Laos

(b)

Piliocolobus badius (synonym Colobus badius)

Wild

All

Guinea

(b)

Pitheciidae

Chiropotes chiropotes

Wild

All

Guyana

(b)

AVES

CICONIIFORMES

Balaenicipitidae

Balaeniceps rex

Wild

All

Tanzania

(b)

FALCONIFORMES

Accipitridae

Accipiter erythropus

Wild

All

Guinea

(b)

Accipiter melanoleucus

Wild

All

Guinea

(b)

Accipiter ovampensis

Wild

All

Guinea

(b)

Aquila rapax

Wild

All

Guinea

(b)

Aviceda cuculoides

Wild

All

Guinea

(b)

Gyps africanus

Wild

All

Guinea

(b)

Gyps bengalensis

Wild

All

Afghanistan, India

(b)

Gyps indicus

Wild

All

Afghanistan, India

(b)

Gyps rueppellii

Wild

All

Guinea

(b)

Gyps tenuirostris

Wild

All

India

(b)

Hieraaetus ayresii

Wild

All

Cameroon, Guinea, Togo

(b)

Hieraaetus spilogaster

Wild

All

Guinea, Togo

(b)

Lophaetus occipitalis

Wild

All

Guinea

(b)

Macheiramphus alcinus

Wild

All

Guinea

(b)

Polemaetus bellicosus

Wild

All

Cameroon, Guinea, Tanzania, Togo

(b)

Spizaetus africanus

Wild

All

Guinea

(b)

Stephanoaetus coronatus

Wild

All

Côte d'Ivoire, Guinea, Tanzania, Togo

(b)

Terathopius ecaudatus

Wild

All

Tanzania

(b)

Torgos tracheliotus

Wild

All

Cameroon, Sudan, Tanzania

(b)

Trigonoceps occipitalis

Wild

All

Côte d'Ivoire, Guinea

(b)

Urotriorchis macrourus

Wild

All

Guinea

(b)

Falconidae

Falco chicquera

Wild

All

Guinea, Togo

(b)

Sagittariidae

Sagittarius serpentarius

Wild

All

Cameroon, Guinea, Tanzania, Togo

(b)

GRUIFORMES

Gruidae

Balearica pavonina

Wild

All

Guinea, Mali, South Sudan, Sudan

(b)

Balearica regulorum

Wild

All

Botswana, Burundi, Democratic Republic of the Congo, Kenya, South Africa, Tanzania, Zambia, Zimbabwe

(b)

Bugeranus carunculatus

Wild

All

Tanzania

(b)

PSITTACIFORMES

Psittacidae

Agapornis fischeri

Wild

All

Tanzania

(b)

Agapornis pullarius

Wild

All

Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Mali, Togo

(b)

Coracopsis vasa

Wild

All

Madagascar

(b)

Deroptyus accipitrinus

Wild

All

Suriname

(b)

Poicephalus fuscicollis

Wild

All

Côte d'Ivoire, Democratic Republic of the Congo, Guinea, Mali, Togo

(b)

Poicephalus gulielmi

Wild

All

Cameroon, Congo, Guinea

(b)

Pyrrhura caeruleiceps

Wild

All

Colombia

(b)

Pyrrhura pfrimeri

Wild

All

Brazil

(b)

Pyrrhura subandina

Wild

All

Colombia

(b)

STRIGIFORMES

Strigidae

Asio capensis

Wild

All

Guinea

(b)

Bubo lacteus

Wild

All

Guinea

(b)

Bubo poensis

Wild

All

Guinea

(b)

Glaucidium capense

Wild

All

Rwanda

(b)

Glaucidium perlatum

Wild

All

Cameroon, Guinea

(b)

Ptilopsis leucotis

Wild

All

Guinea

(b)

Scotopelia bouvieri

Wild

All

Cameroon

(b)

Scotopelia peli

Wild

All

Guinea

(b)

REPTILIA

SAURIA

Agamidae

Uromastyx dispar

Wild

All

Mali, Sudan

(b)

Uromastyx geyri

Wild

All

Mali, Niger

(b)

Chamaeleonidae

Brookesia decaryi

Wild

All

Madagascar

(b)

Chamaeleo africanus

Wild

All

Niger

(b)

Chamaeleo gracilis

Wild

All

Benin, Ghana

(b)

Ranched

All

Benin

(b)

Chamaeleo senegalensis

Wild

All

Benin, Ghana, Togo

(b)

Ranched

Snout to vent length greater than 6 cm

Benin, Togo

(b)

Furcifer labordi

Wild

All

Madagascar

(b)

Kinyongia fischeri

Wild

All

Tanzania

(b)

Kinyongia tavetana

Wild

All

Tanzania

(b)

Trioceros camerunensis

Wild

All

Cameroon

(b)

Trioceros deremensis

Wild

All

Tanzania

(b)

Trioceros feae

Wild

All

Equatorial Guinea

(b)

Trioceros fuelleborni

Wild

All

Tanzania

(b)

Trioceros montium

Wild

All

Cameroon

(b)

Trioceros perreti

Wild

All

Cameroon

(b)

Trioceros quadricornis

Wild

All

Cameroon

(b)

Trioceros serratus

Wild

All

Cameroon

(b)

Trioceros werneri

Wild

All

Tanzania

(b)

Trioceros wiedersheimi

Wild

All

Cameroon

(b)

Cordylidae

Cordylus rhodesianus

Wild

All

Mozambique

(b)

Cordylus tropidosternum

Wild

All

Mozambique

(b)

Cordylus vittifer

Wild

All

Mozambique

(b)

Smaug mossambicus

Wild

All

Mozambique

(b)

Gekkonidae

Phelsuma borai

Wild

All

Madagascar

(b)

Phelsuma breviceps

Wild

All

Madagascar

(b)

Phelsuma gouldi

Wild

All

Madagascar

(b)

Phelsuma hoeschi

Wild

All

Madagascar

(b)

Phelsuma ravenalla

Wild

All

Madagascar

(b)

Phelsuma standingi

Wild

All

Madagascar

(b)

Scincidae

Corucia zebrata

Wild

All

Solomon Islands

(b)

Varanidae

Varanus albigularis

Wild

All

Tanzania

(b)

Varanus beccarii

Wild

All

Indonesia

(b)

Varanus dumerilii

Wild

All

Indonesia

(b)

Varanus exanthematicus

Wild

All

Benin, Togo

(b)

Ranched

Greater than 35 cm total length

Benin, Togo

(b)

Varanus jobiensis (synonym V. karlschmidti)

Wild

All

Indonesia

(b)

Varanus niloticus

Wild

All

Benin, Togo

(b)

Ranched

Greater than 35 cm total length

Benin

(b)

Ranched

All

Togo

(b)

Varanus ornatus

Wild

All

Togo

(b)

Ranched

All

Togo

(b)

Varanus salvadorii

Wild

All

Indonesia

(b)

Varanus spinulosus

Wild

All

Solomon Islands

(b)

SERPENTES

Boidae

Calabaria reinhardtii

Wild

All

Togo

(b)

Ranched

All

Benin, Togo

(b)

Candoia carinata

Wild

All

Indonesia

(b)

Colubridae

 

 

 

 

Elapidae

Naja atra

Wild

All

Laos

(b)

Naja kaouthia

Wild

All

Laos

(b)

Naja siamensis

Wild

All

Laos

(b)

Pythonidae

Liasis fuscus

Wild

All

Indonesia

(b)

Morelia boeleni

Wild

All

Indonesia

(b)

Python bivittatus

Wild

All

China

(b)

Python molurus

Wild

All

China

(b)

Python regius

Wild

All

Benin, Guinea

(b)

TESTUDINES

Emydidae

Chrysemys picta

All

Live

All

(d)

Geoemydidae

Cuora amboinensis

Wild

All

Indonesia, Malaysia

(b)

Cuora bourreti

Wild

All

Laos

(b)

Cuora galbinifrons

Wild

All

China, Laos

(b)

Heosemys annandalii

Wild

All

Laos

(b)

Heosemys grandis

Wild

All

Laos

(b)

Heosemys spinosa

Wild

All

Indonesia

(b)

Leucocephalon yuwonoi

Wild

All

Indonesia

(b)

Malayemys subtrijuga

Wild

All

Indonesia

(b)

Notochelys platynota

Wild

All

Indonesia

(b)

Siebenrockiella crassicollis

Wild

All

Indonesia

(b)

Podocnemididae

Erymnochelys madagascariensis

Wild

All

Madagascar

(b)

Peltocephalus dumerilianus

Wild

All

Guyana

(b)

Podocnemis unifilis

Wild

All

Suriname

(b)

Testudinidae

Centrochelys sulcata

Ranched

All

Benin, Togo

(b)

Indotestudo forstenii

Wild

All

All

(b)

Indotestudo travancorica

Wild

All

All

(b)

Kinixys erosa

Wild

All

Democratic Republic of the Congo, Togo

(b)

Kinixys homeana

Wild

All

Benin, Ghana, Togo

(b)

Ranched

All

Benin

(b)

Ranched

Greater than 8 cm straight carapace length

Togo

(b)

Kinixys nogueyi

Wild

All

Benin, Ghana

(b)

Ranched

Greater than 5 cm straight carapace length

Benin

(b)

Kinixys spekii

Wild

All

Mozambique

(b)

Kinixys zombensis

Wild

All

Mozambique

(b)

Manouria emys

Wild

All

Indonesia

(b)

Manouria impressa

Wild

All

Vietnam

(b)

Stigmochelys pardalis

Wild

All

Democratic Republic of the Congo, Uganda

(b)

Testudo horsfieldii

Wild

All

Kazakhstan

(b)

Trionychidae

Amyda cartilaginea

Wild

All

Indonesia

(b)

Pelochelys cantorii

Wild

All

Indonesia

(b)

AMPHIBIA

ANURA

Conrauidae

Conraua goliath

Wild

All

Cameroon

(b)

Dendrobatidae

Hyloxalus azureiventris

Wild

All

Peru

(b)

Ranitomeya variabilis

Wild

All

Peru

(b)

Ranitomeya ventrimaculata

Wild

All

Peru

(b)

Mantellidae

Mantella aurantiaca

Wild

All

Madagascar

(b)

Mantella cowani

Wild

All

Madagascar

(b)

Mantella crocea

Wild

All

Madagascar

(b)

Mantella pulchra

Wild

All

Madagascar

(b)

Mantella viridis

Wild

All

Madagascar

(b)

Microhylidae

Scaphiophryne gottlebei

Wild

All

Madagascar

(b)

ACTINOPTERI

PERCIFORMES

Labridae

Cheilinus undulatus

Wild

All

Indonesia

(b)

SYNGNATHIFORMES

Syngnathidae

Hippocampus algiricus

Wild

All

Guinea, Senegal

(b)

Hippocampus barbouri

Wild

All

Indonesia

(b)

Hippocampus comes

Wild

All

Indonesia

(b)

Hippocampus erectus

Wild

All

Brazil

(b)

Hippocampus histrix

Wild

All

Indonesia

(b)

Hippocampus kelloggi

Wild

All

Indonesia

(b)

Hippocampus kuda

Wild

All

China, Indonesia, Vietnam

(b)

Hippocampus spinosissimus

Wild

All

Indonesia

(b)

ARTHROPODA

 

 

 

 

ARACHNIDA

SCORPIONES

Scorpionidae

Pandinus imperator

Wild

All

Benin, Ghana, Togo

(b)

Ranched

All

Benin, Ghana, Togo

(b)

Pandinus roeseli

Wild

All

Benin, Ghana, Togo

(b)

Ranched

All

Benin, Ghana, Togo

(b)

INSECTA

LEPIDOPTERA

Papilionidae

Ornithoptera croesus

Wild

All

Indonesia

(b)

Ornithoptera priamus

Wild

All

Solomon Islands

(b)

Ornithoptera priamus

Ranched

All

Solomon Islands

(b)

Ornithoptera victoriae

Wild

All

Solomon Islands

(b)

Ranched

All

Solomon Islands

(b)

MOLLUSCA

 

 

 

 

BIVALVIA

VENEROIDA

Tridacnidae

Hippopus hippopus

Wild

All

Tonga, Vanuatu, Vietnam

(b)

Tridacna crocea

Wild

All

Cambodia, Fiji, Solomon Islands, Tonga, Vanuatu, Vietnam

(b)

Tridacna derasa

Wild

All

Fiji, Palau, Solomon Islands, Tonga, Vanuatu, Vietnam

(b)

Tridacna gigas

Wild

All

Marshall Islands, Solomon Islands, Tonga, Vietnam

(b)

Tridacna maxima

Wild

All

Cambodia, Fiji, Marshall Islands, Micronesia, Mozambique, Solomon Islands, Tonga, Vanuatu, Vietnam

(b)

Tridacna noae

Wild

All

Fiji, Micronesia, Solomon Islands, Vanuatu

 

Tridacna rosewateri

Wild

All

Mozambique

(b)

Tridacna squamosa

Wild

All

Cambodia, Fiji, Mozambique, Solomon Islands, Tonga, Vanuatu, Vietnam

(b)

Tridacna tevoroa

Wild

All

Tonga

(b)

GASTROPODA

MESOGASTROPODA

Strombidae

Strombus gigas

Wild

All

Grenada, Haiti

(b)

CNIDARIA

 

 

 

 

ANTHOZOA

HELIOPORACEA

Helioporidae

Heliopora coerulea

Wild

All

Solomon Islands

(b)

SCLERACTINIA

Scleractinia spp.

Wild

All

Ghana

(b)

Agariciidae

Agaricia agaricites

Wild

All

Haiti

(b)

Caryophylliidae

Catalaphyllia jardinei

Wild

All

Solomon Islands

(b)

Euphyllia divisa

Wild

Live corals except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia fimbriata

Wild

Live corals except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia paraancora

Wild

Live corals except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia paradivisa

Wild

Live corals except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia yaeyamaensis

Wild

Live corals except maricultured specimens attached to artificial substrates

Indonesia

(b)

Plerogyra discus

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Plerogyra simplex (Plerogyra taisnei)

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Faviidae

Favites halicora

Wild

All

Tonga

(b)

Platygyra sinensis

Wild

All

Tonga

(b)

Mussidae

Acanthastrea hemprichii

Wild

All

Tonga

(b)

Blastomussa merleti

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Cynarina lacrymalis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Scolymia spp.

Wild

All

Tonga

(b)

Pocilloporidae

Seriatopora stellata

Wild

All

Indonesia

(b)

Trachyphylliidae

Trachyphyllia geoffroyi

Wild

All

Fiji

(b)

FLORA

Cycadaceae

Cycadaceae spp.

Wild

All

Mozambique

(b)

Euphorbiaceae

Euphorbia ankarensis

Wild

All

Madagascar

(b)

Euphorbia banae

Wild

All

Madagascar

(b)

Euphorbia berorohae

Wild

All

Madagascar

(b)

Euphorbia bongolavensis

Wild

All

Madagascar

(b)

Euphorbia bulbispina

Wild

All

Madagascar

(b)

Euphorbia duranii

Wild

All

Madagascar

(b)

Euphorbia fianarantsoae

Wild

All

Madagascar

(b)

Euphorbia iharanae

Wild

All

Madagascar

(b)

Euphorbia kondoi

Wild

All

Madagascar

(b)

Euphorbia labatii

Wild

All

Madagascar

(b)

Euphorbia lophogona

Wild

All

Madagascar

(b)

Euphorbia millotii

Wild

All

Madagascar

(b)

Euphorbia neohumbertii

Wild

All

Madagascar

(b)

Euphorbia pachypodioides

Wild

All

Madagascar

(b)

Euphorbia razafindratsirae

Wild

All

Madagascar

(b)

Euphorbia suzannae-marnierae

Wild

All

Madagascar

(b)

Euphorbia waringiae

Wild

All

Madagascar

(b)

Orchidaceae

Cypripedium japonicum

Wild

All

China, South Korea

(b)

Cypripedium macranthos

Wild

All

South Korea,

(b)

Cypripedium micranthum

Wild

All

China

(b)

Dendrobium bellatulum

Wild

All

Vietnam

(b)

Dendrobium nobile

Wild

All

Laos

(b)

Dendrobium wardianum

Wild

All

Vietnam

(b)

Myrmecophila tibicinis

Wild

All

Belize

(b)

Phalaenopsis parishii

Wild

All

Vietnam

(b)

Stangeriaceae

Stangeriaceae spp.

Wild

All

Mozambique

(b)

Zamiaceae

Zamiaceae spp.

Wild

All

Mozambique

(b)

20.10.2017   

EN

Official Journal of the European Union

L 271/25

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1916

of 19 October 2017

fixing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 October 2017 under the tariff quotas opened by Regulation (EC) No 341/2007 for garlic

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,

Whereas:

(1)

Commission Regulation (EC) No 341/2007 (2) opened annual tariff quotas for imports of garlic.

(2)

The quantities covered by the applications for ‘A’ import licences lodged in the first seven calendar days of October 2017, for the subperiod from 1 December 2017 to 28 February 2018, for certain quotas, exceed those available. The extent to which ‘A’ import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

(3)

In order to ensure the efficient management of the measure, 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 quantities covered by the applications for ‘A’ import licences lodged under Regulation (EC) No 341/2007 for the subperiod from 1 December 2017 to 28 February 2018 shall be multiplied by the allocation coefficient 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, 19 October 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (OJ L 90, 30.3.2007, p. 12).

(3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

ANNEX

Origin

Reference number

Allocation coefficient — applications lodged for the subperiod from 1.12.2017 to 28.2.2018

(%)

Argentina

—

Traditional importers

09.4104

—

—

New importers

09.4099

—

China

—

Traditional importers

09.4105

—

—

New importers

09.4100

0,481701

Other third countries

—

Traditional importers

09.4106

—

—

New importers

09.4102

—

20.10.2017   

EN

Official Journal of the European Union

L 271/27

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1917

of 19 October 2017

fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged until 9 October 2017 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending the submission of applications for such licences

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,

Whereas:

(1)

Commission Regulation (EC) No 891/2009 (2) opened annual tariff quotas for imports of sugar products.

(2)

The quantities covered by import licence applications lodged until 9 October 2017 at 13.00 for the subperiod from 1 to 31 October 2017 are, for order number 09.4321, greater than those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). The submission of further applications for import licences under that order number should be suspended until the end of the quota period.

(3)

In order to ensure efficient management of the measure, 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

1.   The quantities covered by import licence applications lodged under Regulation (EC) No 891/2009 until 9 October 2017 at 13.00 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.

2.   The submission of further applications for import licences under the order numbers indicated in the Annex shall be suspended until the end of the 2017/2018 quota period.

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, 19 October 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).

(3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

ANNEX

‘CXL concessions sugar’

2017/2018 Quota period

Applications lodged until 9 October 2017 at 13.00

Order No

Country

Allocation coefficient (%)

Further applications

09.4317

Australia

—

 

09.4318

Brazil

—

 

09.4319

Cuba

—

 

09.4320

Any third country

—

 

09.4321

India

2,631578

Suspended

09.4329

Brazil

—

 

09.4330

Brazil

Available in 2022/2023 and 2023/2024


‘Balkans sugar’

2017/2018 Quota period

Applications lodged until 9 October 2017 at 13.00

Order No

Country

Allocation coefficient (%)

Further applications

09.4324

Albania

—

 

09.4325

Bosnia and Herzegovina

—

 

09.4326

Serbia

—

 

09.4327

Former Yugoslav Republic of Macedonia

—

 

20.10.2017   

EN

Official Journal of the European Union

L 271/30

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1918

of 19 October 2017

fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 October 2017 are based and establishing the quantities to be added to the quantity fixed for the sub-period from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,

Whereas:

(1)

Commission Regulation (EC) No 616/2007 (2) opened annual tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries.

(2)

The quantities on which applications for import licences lodged from 1 to 7 October 2017 for the sub-period from 1 January to 31 March 2018 are based relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

(3)

The quantities on which applications for import rights lodged from to 1 to 7 October 2017 for the sub-period from 1 January to 31 March 2018 are based relate, for some quotas, to quantities exceeding those available. The extent to which import rights may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Regulation (EC) No 1301/2006.

(4)

The quantities on which applications for import licences and import rights lodged from 1 to 7 October 2017 for the sub-period from 1 January to 31 March 2018 are based relate, for some quotas, to quantities less than those available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota sub-period.

(5)

In order to ensure the efficient management of the measure, 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

1.   The quantities on which applications for import licences lodged pursuant to Regulation (EC) No 616/2007 for the sub-period from 1 January to 31 March 2018 are based shall be multiplied by the allocation coefficient set out in part A of the Annex hereto.

2.   The quantities for which applications for import licences have not been lodged pursuant to Regulation (EC) No 616/2007, to be added to the sub-period from 1 April to 30 June 2018, are set out in part A of the Annex hereto.

Article 2

1.   The quantities on which applications for import rights lodged pursuant to Regulation (EC) No 616/2007 for the sub-period from 1 January to 31 March 2018 are based shall be multiplied by the allocation coefficient set out in part B of the Annex hereto.

2.   The quantities for which applications for import rights have not been lodged pursuant to Regulation (EC) No 616/2007, to be added to the sub-period from 1 April to 30 June 2018, are set out in part B of the Annex hereto.

Article 3

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, 19 October 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries (OJ L 142, 5.6.2007, p. 3).

(3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

ANNEX

PART A

Group No

Order No

Allocation coefficient — applications lodged for the sub-period from 1 January to 31 March 2018

(%)

Non-requested quantities to be added to the quantities available for the sub-period from 1 April to 30 June 2018

(in kg)

1

09.4211

0,388838

—

2

09.4212

—

13 622 005

4A

09.4214

0,709344

—

09.4251

20,408202

—

09.4252

1,407574

—

6A

09.4216

0,270271

—

09.4260

0,297978

—

7

09.4217

—

47 043 200

8

09.4218

—

9 276 800

PART B

Group No

Order No

Allocation coefficient — applications lodged for the sub-period from 1 January to 31 March 2018

(%)

Non-requested quantities to be added to the quantities available for the sub-period from 1 April to 30 June 2018

(in kg)

5A

09.4215

0,455581

—

09.4254

0,479158

—

09.4255

1,779372

—

09.4256

—

6 250 002

20.10.2017   

EN

Official Journal of the European Union

L 271/33

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1919

of 19 October 2017

on the minimum selling price for skimmed milk powder for the 13th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

(2)

In the light of the tenders received for the 13th partial invitation to tender, a minimum selling price should be fixed.

(3)

The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit laid down by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the 13th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 17 October 2017, the minimum selling price shall be 144,05 EUR/100 kg.

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, 19 October 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).

DIRECTIVES

20.10.2017   

EN

Official Journal of the European Union

L 271/34

COMMISSION IMPLEMENTING DIRECTIVE (EU) 2017/1920

of 19 October 2017

amending Annex IV to Council Directive 2000/29/EC as regards the movement of seeds of Solanum tuberosum L. originating in the Union

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular point (d) of the second paragraph of Article 14 thereof,

Whereas:

(1)

Article 5(1) of Directive 2000/29/EC in conjunction with point 18.3 of Section II of Part A of Annex IV to that Directive, provides for special requirements concerning the movement of plants of stolon or tuber-forming species of Solanum L., or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. specified in points 18.1., 18.1.1. or 18.2. of Section II of Part A of Annex IV to that Directive, and other than culture maintenance material being stored in gene banks or genetic stock collections.

(2)

Certain Member States have requested for more specific requirements for the movement of seeds of Solanum tuberosum L., commonly also referred to as ‘true potato seeds’, originating in the Union (hereafter ‘the specified seeds’). Those requirements should ensure phytosanitary protection of the Union territory from harmful organisms potentially hosted by the specified seeds.

(3)

Seeds which are plants of stolon, or tuber-forming species of Solanum L., or their hybrids, intended for planting, being stored in gene banks or genetic stock collections, should not be considered as specified seeds, because they are intended for research and conservation purposes.

(4)

As Synchytrium endobioticum (Schilbersky) Percival, Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Ralstonia solanacearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid present the major phytosanitary risk for the specified seeds, and taking into account the pest risk analysis of the Netherlands Food and Consumer Product Safety Authority of 2015 (2), it is appropriate to provide that either the specified seeds should originate in areas known to be free from those organisms, or the specified seeds and their production sites should be subject to specific requirements.

(5)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex IV to Directive 2000/29/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 31 March 2018 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 1 April 2018.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 19 October 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1)   OJ L 169, 10.7.2000, p. 1.

(2)  PRA EU internal movement of True Potato Seeds of official varieties, NVWA, June 2015.

ANNEX

Section II of Part A of Annex IV to Directive 2000/29/EC is amended as follows:

(1)

Point 18.3 is replaced by the following:

‘18.3.

Plants of stolon or tuber-forming species of Solanum L., or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. specified in points 18.1, 18.1.1 or 18.2, other than culture maintenance material being stored in gene banks or genetic stock collections, and other than seeds of Solanum tuberosum L. specified in point 18.3.1.

(a)

The plants shall have been held under quarantine conditions and shall have been found free of any harmful organisms in quarantine testing;

(b)

the quarantine testing referred to in (a) shall:

(aa)

be supervised by the official plant protection organisation of the Member State concerned and executed by scientifically trained staff of that organisation or of any officially approved body;

(bb)

be executed at a site provided with appropriate facilities sufficient to contain harmful organisms and maintain the material including indicator plants in such a way as to eliminate any risk of spreading harmful organisms;

(cc)

be executed on each unit of the material,

—

by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any harmful organisms,

—

by testing, in accordance with appropriate methods to be submitted to the Committee referred to in Article 18:

—

in the case of all potato material at least for

—

Andean potato latent virus,

—

Arracacha virus B. oca strain,

—

Potato black ringspot virus,

—

Potato spindle tuber viroid,

—

Potato virus T,

—

Andean potato mottle virus,

—

common potato viruses A, M, S, V, X and Y (including Yo, Yn und Yc) and Potato leaf roll virus,

—

Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,

—

Ralstonia solanacearum (Smith) Yabuuchi et al.;

—

in the case of seeds of Solanum tuberosum L., other than those specified in point 18.3.1, at least for the viruses and viroid listed above;

(dd)

by appropriate testing on any other symptom observed in the visual examination in order to identify the harmful organisms having caused such symptoms;

(c)

any material, which has not been found free, under the testing specified under (b) from harmful organisms as specified under (b) shall be immediately destroyed or subjected to procedures which eliminate the harmful organism(s);

(d)

each organisation or research body holding this material shall inform their official Member State plant protection service of the material held.’

(2)

The following point 18.3.1 is inserted after point 18.3:

‘18.3.1.

Seeds of Solanum tuberosum L., other than those specified in point 18.4.

Official statement that:

The seeds derive from plants complying, as applicable, with the requirements set out in points 18.1., 18.1.1, 18.2 and 18.3;

and

(a)

the seeds originate in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival, Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Ralstonia solanacearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid;

or

(b)

the seeds comply with all of the following requirements:

(i)

they have been produced in a site where, since the beginning of the last cycle of vegetation, no symptoms of disease caused by the harmful organisms referred to in point (a) have been observed;

(ii)

they have been produced at a site where all of the following actions have been taken:

(1)

separation of the site from other solanaceous plants and other host plants of Potato spindle tuber viroid;

(2)

prevention of contact with staff and items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid, or appropriate hygiene measures concerning staff or items from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid to prevent infection;

(3)

only water free from all harmful organisms referred to in this point is used.’

DECISIONS

20.10.2017   

EN

Official Journal of the European Union

L 271/38

COUNCIL DECISION (EU) 2017/1921

of 16 October 2017

on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a list of arbitrators

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been applied provisionally since 29 December 2008.

(2)

In accordance with Article 221 of the Agreement, a list of 15 individuals with specialised knowledge of or experience in law and international trade, who are willing to serve as arbitrators, should be established. It is necessary to implement the dispute settlement provisions of the Agreement.

(3)

The Joint CARIFORUM-EU Council (‘the Joint Council’), at its fourth meeting on 17 November 2017, is to adopt a decision on the establishment of that list.

(4)

In the Joint Council, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). The Member States are to support the position of the Union in accordance with Article 4(3) TEU.

(5)

It is appropriate to establish the position to be adopted on behalf of the Union within the Joint Council.

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council at its fourth meeting on 17 November 2017 as regards the establishment of a list of arbitrators shall be based on the draft Decision of the Joint CARIFORUM-EU Council attached to this Decision.

Article 2

This Decision is addressed to the Commission and the Member States.

Done at Luxembourg, 16 October 2017.

For the Council

The President

F. MOGHERINI

(1)   OJ L 289, 30.10.2008, p. 3.

DRAFT

DECISION No …/2017 OF THE JOINT CARIFORUM-EU COUNCIL

established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part

of …

as regards the establishment of a list of arbitrators

THE JOINT CARIFORUM-EU COUNCIL,

Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, and in particular Article 221(1) thereof,

HAS ADOPTED THIS DECISION:

Article 1

The list of fifteen arbitrators provided for in Article 221(1) annexed to this Decision is adopted by the Parties.

Article 2

The CARIFORUM-EU Trade and Development Committee may amend the list of arbitrators annexed to this Decision.

Article 3

This Decision shall enter into force on ….

Done at …,

For the CARIFORUM States

For the EU Party

ANNEX

List of arbitrators referred to in Article 221(1) of the Agreement

Arbitrators selected by the CARIFORUM States:

 

Ms. Tracy BENN-ROBERTS (Antigua and Barbuda)

 

Ms. Nicole FOSTER (Barbados)

 

Ms. Bertha COOPER – ROSSEAU (The Bahamas)

 

Ms. Michelle A. BROWN (Jamaica)

 

Ms. Fabiola MEDINA GARNES (Dominican Republic)

Arbitrators selected by the EU:

 

Mr. Jacques BOURGEOIS (Belgium)

 

Mr. Claus – Dieter EHLERMANN (Germany)

 

Mr. Pieter Jan KUIJPER (Netherlands)

 

Mr. Giorgio SACERDOTI (Italy)

 

Mr. Ramon TORRENT (Spain)

Arbitrators jointly selected by the Parties:

 

Mr. Frederick ABBOTT (United States)

 

Mr. James BACCHUS (United States)

 

Mr. Armand DE MESTRAL (Canada)

 

Ms. Claudia OROZCO (Colombia)

 

Mr. Helge SELAND (Norway)

20.10.2017   

EN

Official Journal of the European Union

L 271/41

COUNCIL DECISION (EU) 2017/1922

of 16 October 2017

on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the amendment of Annex IX to Protocol I

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been applied provisionally since 29 December 2008.

(2)

Pursuant to Article 229(1) and (2) of the Agreement, the Joint CARIFORUM-EU Council (‘the Joint Council’) may adopt decisions that are binding on the Parties and the Signatory CARIFORUM States, which shall take all the measures necessary to implement them in accordance with internal rules of each Party and of each Signatory CARIFORUM State.

(3)

The Joint Council, at its fourth meeting on 17 November 2017, is to adopt a decision on the amendment of Annex IX to Protocol I of the Agreement (‘Annex IX’) that includes the list of Overseas Countries and Territories (‘OCTs’).

(4)

In light of the change of status of three territories, that amendment aims to update the list of OCTs set out in Annex IX and harmonise it with the one set out in the Annex II to the Treaty.

(5)

In the Joint Council, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). The Member States are to support the position of the Union in accordance with Article 4(3) TEU.

(6)

It is appropriate to establish the position to be adopted on behalf of the Union in the Joint Council.

(7)

The position of the Union within the Joint Council should teherefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council at its fourth meeting on 17 November 2017 as regards the amendment of Annex IX to Protocol I to the Agreement shall be based on the draft Decision of the Joint CARIFORUM-EU Council attached to this Decision.

Article 2

This Decision is addressed to the Commission and to the Member States.

Done at Luxembourg, 16 October 2017.

For the Council

The President

F. MOGHERINI

(1)   OJ L 289, 30.10.2008, p. 3.

DRAFT

DECISION No …/2017 OF THE JOINT CARIFORUM–EU COUNCIL

established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part,

of …

concerning the amendment of Annex IX to Protocol I: Overseas countries and territories

THE JOINT CARIFORUM-EU COUNCIL

Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’), and in particular Article 41 of Protocol I thereof,

Whereas:

(1)

Protocol I of the Agreement — Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation — defines Overseas Countries and Territories (OCTs) to mean the Overseas Countries and Territories set out in Annex IX thereto;

(2)

Following the change of status of Mayotte (1) and Saint-Barthélemy (2), and the entry into force of Council Decision 2013/755/EU on the association of the overseas countries and territories with the European Union (3), the list of overseas countries and territories in Annex IX to Protocol I of the Agreement should be updated,

HAS DECIDED AS FOLLOWS:

Article 1

Annex IX to Protocol I is replaced by the Annex which is annexed to this Decision.

Article 2

This Decision shall enter into force on …

Done at …,

For the CARIFORUM States

For the EU Party

(1)  Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (OJ EU L 204, 31.7.2012, p. 131).

(2)  Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (OJ EU L 325, 9.12.2010, p. 4).

(3)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (OJ EU L 76, 15.3.2014, p. 56).

ANNEX IX to Protocol I

Overseas countries and territories

For the purposes of this Protocol ‘overseas countries and territories’ means the following countries and territories referred to in Annex II to the Treaty on the Functioning of the European Union listed below:

(This list is without prejudice to the status of these countries and territories, or future changes in their status.)

1.

Overseas countries and territories that have special relations with the Kingdom of Denmark:

—

Greenland.

2.

Overseas countries and territories that have special relations with the French Republic:

—

New Caledonia and Dependencies,

—

French Polynesia,

—

Saint Pierre and Miquelon,

—

Saint Barthélemy,

—

French Southern and Antarctic Territories,

—

Wallis and Futuna.

3.

Overseas countries and territories that have special relations with the Kingdom of the Netherlands:

—

Aruba,

—

Bonaire,

—

Curaçao,

—

Saba,

—

Sint Eustatius,

—

Sint Maarten.

4.

Overseas countries and territories that have special relations with the United Kingdom of Great Britain and Northern Ireland:

—

Anguilla,

—

Bermuda,

—

Cayman Islands,

—

Falkland Islands,

—

South Georgia and the South Sandwich Islands,

—

Montserrat,

—

Pitcairn,

—

Saint Helena and Dependencies,

—

British Antarctic Territory,

—

British Indian Ocean Territory,

—

Turks and Caicos Islands,

—

British Virgin Islands.

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

20.10.2017   

EN

Official Journal of the European Union

L 271/44

DECISION No 1/2017 OF THE ESA-EU CUSTOMS COOPERATION COMMITTEE

of 2 October 2017

on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of the Eastern and Southern Africa States with regard to preserved tuna and tuna loins [2017/1923]

THE CUSTOMS COOPERATION COMMITTEE,

Having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, and in particular Article 41(4) of Protocol I thereto,

Whereas:

(1)

The Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part (1) (‘the interim EPA’) applies provisionally as from 14 May 2012 between the Union and the Republic of Madagascar, the Republic of Mauritius, the Republic of Seychelles and the Republic of Zimbabwe.

(2)

Protocol 1 to the interim EPA concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation contains the rules of origin for the importation of products originating in the ESA States into the Union.

(3)

In accordance with Article 42(8) of Protocol 1 to the interim EPA, derogations from those rules of origin are granted automatically within an annual quota of 8 000 tonnes for canned tuna and of 2 000 tonnes for tuna loins.

(4)

On 29 November 2012 the ESA-EU Customs Cooperation Committee adopted Decision No 1/2012 (2) granting an automatic derogation from the rules of origin with regard to canned tuna and tuna loins imported into the Union in accordance with Article 42(8) of Protocol 1 to the interim EPA from 1 January 2012 to 31 December 2017.

(5)

In order to permit the effective and full utilisation of the quota available, Mauritius, Seychelles and Madagascar requested a derogation covering the annual quantities of 8 000 tonnes of canned tuna and of 2 000 tonnes of tuna loins imported into the Union from 1 January 2018.

(6)

Since the annual quota is granted automatically upon request of the ESA States, the Customs Cooperation Committee should allocate the global quota to the ESA States. Therefore, a derogation should be granted to the ESA States in respect of 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins.

(7)

The reference in Article 42(8) of Protocol 1 to the interim EPA to ‘canned tuna’ is to be understood as to cover tuna preserved in vegetable oil or in other ways. For those types of tuna, Annex I to Council Regulation (EEC) No 2658/87 (3) (‘the Combined Nomenclature’) refers to the term ‘preserved’. The term ‘preserved tuna’ comprises canned tuna, but also tuna vacuum-packed in plastic bags or other containers. It is therefore appropriate to use the term ‘preserved tuna’.

(8)

In the interest of clarity, it is appropriate to set out explicitly that the non-originating tuna to be used for the manufacture of preserved tuna of CN codes 1604 14 21, 31 and 41, 1604 14 28, 38 and 48, ex 1604 20 70 and tuna loins of CN code 1604 14 26, 36 and 46 should be tuna of HS Headings 0302 or 0303, in order for the preserved tuna and tuna loins to benefit from the derogation.

(9)

Commission Implementing Regulation (EU) 2015/2447 (4) lays down rules for the management of tariff quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.

(10)

The derogation should be granted for a period of 5 years as foreseen in Article 42(10) point (a) of Protocol 1 to the interim EPA.

(11)

In order to allow efficient monitoring of the operation of the derogation, the authorities of the ESA States should communicate regularly to the Commission details of the EUR.1 movement certificates issued,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from Protocol 1 to the interim EPA and in accordance with Article 42(8) of that Protocol, preserved tuna and tuna loins of HS Heading 1604 manufactured from non-originating tuna of HS Headings 0302 or 0303 shall be regarded as originating in an ESA State in accordance with the terms set out in Articles 2 to 4 of this Decision.

Article 2

The derogation provided for in Article 1 shall apply on an annual basis to the products and the quantities set out in the Annex to this Decision which are declared for release for free circulation into the Union from an ESA State during the period of 1 January 2018 to 31 December 2022.

Article 3

The quantities set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 4

1.   The customs authorities of the ESA States shall carry out quantitative checks on exports of the products referred to in Article 1.

2.   Before the end of the month following each quarter, the customs authorities of those countries shall forward to the Commission, via the Secretariat of the Customs Cooperation Committee, a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

3.   Box 7 of movement certificates EUR.1 issued under this Decision shall contain one of the following indications:

 

‘Derogation — Decision No 1/2017 of the ESA-EU Customs Cooperation Committee of 2 October 2017 ’;

 

‘Dérogation — Décision no 1/2017 du comité de coopération douanière AfOA-UE du 2 octobre 2017 ’;

Article 5

1.   The ESA States and the Union shall take the measures necessary on their part to implement this Decision.

2.   Where the Union has made a finding, on the basis of objective information, of irregularities or fraud or of a repeated failure to respect the obligations laid down in Article 4, the Union may seek temporary suspension of the derogation referred to in Article 1 in accordance with the procedure provided for in Article 22(5) and (6) of the interim EPA.

Article 6

This Decision shall enter into force on 1 January 2018.

Done at Antananarivo, 2 October 2017.

Mr M. R. NABEE

ESA Representative

on behalf of the ESA States

Mr J. G. SANCHEZ

European Commission

on behalf of the European Union

(1)   OJ L 111, 24.4.2012, p. 2.

(2)  Decision No 1/2012 of the ESA-EU Customs Cooperation Committee of 29 November 2012 on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of the Eastern and Southern Africa States with regard to preserved tuna and tuna loins (OJ L 347, 15.12.2012, p. 38).

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

(4)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

ANNEX

Order No

CN Code

Description of goods

Period

Net weight

(in tonnes)

09.1618

1604 14 21 , 31 and 41

1604 14 28 , 38 and 48

ex 1604 20 70  (1)

Preserved tuna (2)

1.1.2018-31.12.2018

8 000

1.1.2019-31.12.2019

8 000

1.1.2020-31.12.2020

8 000

1.1.2021-31.12.2021

8 000

1.1.2022-31.12.2022

8 000

09.1619

1604 14 26 , 36 and 46

Tuna loins

1.1.2018-31.12.2018

2 000

1.1.2019-31.12.2019

2 000

1.1.2020-31.12.2020

2 000

1.1.2021-31.12.2021

2 000

1.1.2022-31.12.2022

2 000

(1)  TARIC codes 1604207030, 1604207040, 1604207050, 1604207092 and 1604207094.

(2)  In any form of packaging whereby the product is considered as preserved within the meaning of HS Heading 1604.

20.10.2017   

EN

Official Journal of the European Union

L 271/47

DECISION No 2/2017 OF THE ESA-EU CUSTOMS COOPERATION COMMITTEE

of 2 October 2017

on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of Mauritius with regard to salted snoek [2017/1924]

THE CUSTOMS COOPERATION COMMITTEE,

Having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, and in particular Article 41(4) of Protocol 1 thereto,

Whereas:

(1)

The Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part (1) (‘the interim EPA’) applies provisionally as from 14 May 2012 between the Union and the Republic of Madagascar, the Republic of Mauritius, the Republic of Seychelles and the Republic of Zimbabwe.

(2)

Protocol 1 to the interim EPA concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation contains the rules of origin for the importation of products originating in the ESA States into the Union.

(3)

In accordance with Article 42(1) of Protocol 1 to the interim EPA, derogations from those rules of origin are granted where the development of existing industries in the ESA States justifies them.

(4)

Mauritius has requested a derogation from the rules of origin with regard to 120 tonnes of salted snoek (barracouta) of CN code 0305 69 80 imported into the Union from April 2017 to April 2018 in accordance with Article 42 of Protocol 1 to the interim EPA. Mauritius indicates in its request that there is no availability of snoek originating in the EU or Mauritius, and that snoek from other ACP States does not meet the requirements regarding quality and regular supply. Therefore, Mauritius needs to source non-originating snoek for its processing industry.

(5)

The derogation would contribute to the development of Small and Medium Enterprises and would allow diversification of the Mauritian seafood sector, which is predominantly based on tuna products. Mauritius has indicated that the value of the anticipated exports under derogation amounts to EUR 468 000. The value of imports of fisheries products of HS Chapter 03 from Mauritius into the Union amounted to EUR 21 571 300 in 2015. The low quantities, representing only 2,15 % in value, and the limited period requested for the derogation are not such as to cause serious injury to an economic sector of the Union or of one or more Member States.

(6)

It is therefore appropriate to provide Mauritius with a derogation for 120 tonnes of salted snoek, which respects the ability of the existing industry to continue its exports to the Union, limited to a period of one year.

(7)

Commission Implementing Regulation (EU) 2015/2447 (2) lays down rules for the management of tariff quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.

(8)

In order to allow efficient monitoring of the operation of the derogation, the Mauritian authorities should communicate regularly to the Commission details of the EUR.1 movement certificates issued,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from Protocol 1 to the interim EPA and in accordance with Article 42(1) of that Protocol, salted snoek of HS Heading 0305 69 (CN code 0305 69 80) manufactured from non-originating snoek (barracouta) of HS Heading 0303 89 shall be regarded as originating in Mauritius in accordance with the terms set out in Articles 2 to 5 of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the product and the quantity set out in the Annex to this Decision, declared for release for free circulation into the Union from Mauritius for a period limited to one year from the date of adoption of this Decision.

Article 3

The quantity set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 4

The customs authorities of Mauritius shall carry out quantitative checks on exports of the products referred to in Article 1.

Before the end of the month following each quarter, the customs authorities of Mauritius shall forward to the Commission, via the Secretariat of the Customs Cooperation Committee, a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5

Box 7 of movement certificates EUR.1 issued under this Decision shall contain one of the following indications:

‘Derogation — Decision No 2/2017 of the ESA-EU Customs Cooperation Committee of 2 October 2017 ’;

‘Dérogation — Décision no 2/2017 du comité de coopération douanière AfOA-UE du 2 octobre 2017 ’.

Article 6

1.   Mauritius and the Union shall take the measures necessary on their part to implement this Decision.

2.   Where the Union has made a finding, on the basis of objective information, of irregularities or fraud or of a repeated failure to respect the obligations laid down in Article 4, the Union may seek temporary suspension of the derogation referred to in Article 1 in accordance with the procedure provided for in Article 22(5) and (6) of the interim EPA.

Article 7

This Decision shall enter into force on 2 October 2017.

Done at Antananarivo, 2 October 2017.

Mr M. R. NABEE

ESA States Representative

on behalf of the ESA States

Mr J. G. SANCHEZ

European Commission

on behalf of the European Union

(1)   OJ L 111, 24.4.2012, p. 2.

(2)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

ANNEX

Order No

CN Code

TARIC code

Description of goods

Period

Net weight

(in tonnes)

09.1611

ex 0305 69 80

25

snoek (barracouta), salted

2.10.2017-1.10.2018

120