ISSN 1977-0677
Official Journal
of the European Union
L 91
English edition
Legislation
Volume 61
9 April 2018
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 91 |
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English edition |
Legislation |
Volume 61 |
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Contents |
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II Non-legislative acts |
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INTERNATIONAL AGREEMENTS |
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REGULATIONS |
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DECISIONS |
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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
INTERNATIONAL AGREEMENTS
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9.4.2018 |
EN |
Official Journal of the European Union |
L 91/1 |
Notice concerning the entry into force of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance
The European Union and the United States of America have notified each other of the completion of the procedures necessary for the entry into force of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance (1). Consequently, this Agreement, pursuant to its Article 8, entered into force on 4 April 2018.
REGULATIONS
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9.4.2018 |
EN |
Official Journal of the European Union |
L 91/2 |
COUNCIL IMPLEMENTING REGULATION (EU) 2018/548
of 6 April 2018
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31(2) thereof,
Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 30 August 2017 the Council adopted Regulation (EU) 2017/1509. |
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(2) |
On 30 March 2018 the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) added one person and 21 entities to the list of persons and entities subject to restrictive measures and designated 15 vessels for an asset freeze, 25 vessels for a port entry ban and 12 vessels for deflagging. |
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(3) |
Annexes XIII and XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes XIII and XIV to Regulation (EU) 2017/1509 are amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the date 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, 6 April 2018.
For the Council
The President
E. ZAHARIEVA
ANNEX
1.
The following person and entities are added to the list of persons and entities referred to in Article 34(1) and (3) as set out in Annex XIII to Regulation (EU) 2017/1509:‘(a) Natural persons
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|
Name |
Alias |
Identifying information |
Date of UN designation |
Statement of reasons |
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80. |
TSANG YUNG YUAN |
Neil Tsang, Yun Yuan Tsang |
DOB: 20.10.1957 Passport No: 302001581 |
30.3.2018 |
Tsang Yung Yuan has coordinated DPRK coal exports with a DPRK broker operating in a third country, and he has a history of other sanctions evasion activities. |
(b) Legal persons, entities and bodies
|
|
Name |
Alias |
Location |
Date of UN designation |
Other information |
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55. |
CHANG AN SHIPPING & TECHNOLOGY |
CHANG AN SHIPPING AND TECHNOLOGY |
Room 2105, DL1849, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China |
30.3.2018 |
Registered owner, ship manager, and commercial manager of Panama-flagged vessel HUA FU, a cargo ship that loaded DPRK coal at Najin DPRK on 24 September 2017. |
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56. |
CHONMYONG SHIPPING CO |
CHON MYONG SHIPPING COMPANY LIMITED |
Kalrimgil 2-dong, Mangyongdae-guyok, Pyongyang, DPRK; Saemaul 2-dong, Pyongchon-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of CHON MYONG 1, a DPRK-flagged vessel that conducted ship-to-ship transfer of fuel in late December 2017. |
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57. |
FIRST OIL JV CO LTD |
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Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
Owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018. |
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58. |
HAPJANGGANG SHIPPING CORP |
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Kumsong 3-dong, Mangyongdae-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the DPRK tanker NAM SAN 8, which is believed to have been involved in ship to ship transfer operations for oil, and owner of vessel HAP JANG GANG 6. |
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59. |
HUAXIN SHIPPING HONGKONG LTD |
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Room 2105, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China |
30.3.2018 |
Ship and commercial manager of the ASIA BRIDGE 1. Hong Kong-owned vessel, the probable “ASIA BRIDGE 1” was instructed on 19 October 2017 by Huaxin Shipping to make preparations for entry into Nampo, DPRK to receive a shipment of coal bound for Vietnam. The “ASIA BRIDGE 1” was instructed by an unidentified employee of Huaxin Shipping Ltd to make preparations to receive 8 000 metric tonnes of coal and then sail to Cam Pha, Vietnam. The master of the vessel was instructed to cover the ship's name and other markings using canvas while in port at Nampo. |
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60. |
KINGLY WON INTERNATIONAL CO., LTD |
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Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960, Marshall Islands |
30.3.2018 |
In 2017, Tsang Yung Yuan (aka Neil Tsang) and Kingly Won attempted to engage in an oil deal valued at over USD 1 million with a petroleum company in a third country to illicitly transfer to the DPRK. Kingly Won acted as a broker for that petroleum company and a Chinese company that reached out to Kingly Won to purchase marine oil on its behalf. |
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61. |
KOREA ACHIM SHIPPING CO |
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Sochang-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker CHON MA SAN. DPRK-flagged CHON MA SAN prepared for likely ship to ship transfer operations in late January 2018. The master of the DPRK-flagged motor tanker YU JONG 2 reported on 18 November 2017 to an unidentified DPRK-based controller that the vessel was avoiding a storm in advance of a ship to ship transfer. The master suggested that the YU JONG 2 load fuel oil before the DPRK-flagged tanker CHON MA SAN since the CHON MA SAN's larger size was better suited to conduct ship to ship transfers in a storm. After the CHON MA SAN loaded fuel oil from a vessel, the YU JONG 2 loaded 1 168 kilolitres of fuel oil on 19 November 2017 through a ship to ship transfer operation. |
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62. |
KOREA ANSAN SHIPPING COMPANY |
KOREA ANSAN SHPG COMPANY |
Pyongchon 1-dong, Pyongchon-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker AN SAN 1 believed to have been involved in ship to ship transfer operations for oil. |
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63. |
KOREA MYONGDOK SHIPPING CO |
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Chilgol 2-dong, Mangyongdae-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the YU PHYONG 5. In late November 2017, the YU PHYONG 5 conducted a ship-to-ship transfer of 1 721 metric tonnes of fuel oil. |
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64. |
KOREA SAMJONG SHIPPING |
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Tonghung-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tankers SAM JONG 1 and SAM JONG 2. Both vessels are believed to have imported refined petroleum to DPRK in violation of UN sanctions in late January 2018. |
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65. |
KOREA SAMMA SHIPPING CO |
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Rakrang 3-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
A DPRK-flagged tanker, SAM MA 2 owned by Korea Samma Shipping Company, conducted a ship-to-ship transfer of oil and fabricated documents in mid-October 2017, loading almost 1 600 metric tonnes of fuel oil in one transaction. The ship master was instructed to erase SAMMA SHIPPING and the Korean words found on the ship's seal and instead put “Hai Xin You 606” to mask its identity as a DPRK vessel. |
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66. |
KOREA YUJONG SHIPPING CO LTD |
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Puksong 2-dong, Pyongchon-guyok, Pyongyang, DPRK; Company Number IMO 5434358 |
30.3.2018 |
Registered owner of the DPRK tanker YU JONG 2, which loaded 1 168 kilolitres of fuel oil on 19 November 2017 through a ship to ship transfer operation. |
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67. |
KOTI CORP |
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Panama City, Panama |
30.3.2018 |
Ship manager and commercial manager of the Panama-flagged vessel KOTI, which conducted ship-to-ship transfers of likely petroleum product to the DPRK-flagged KUM UN SAN 3 on 9 December 2017. |
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68. |
MYOHYANG SHIPPING CO |
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Kumsong 3-dong, Mangyondae-guyok, Pyongyang, DPRK |
30.3.2018 |
Ship manager of DPRK oil products tanker YU SON, which is believed to have been involved in ship to ship transfer operations for oil. |
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69. |
PAEKMA SHIPPING CO |
Care of First Oil JV Co Ltd |
Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018. |
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70. |
PHYONGCHON SHIPPING & MARINE |
PHYONGCHON SHIPPING AND MARINE |
Otan-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker JI SONG 6, which is believed to have been involved in ship to ship transfer operations of oil in late January 2018. The company also owns vessels JI SONG 8 and WOORY STAR. |
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71. |
PRO-GAIN GROUP CORPORATION |
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Le Sanalele Complex, Ground Floor, Vaea Street, Saleufi, Apia, Samoa |
30.3.2018 |
Company owned or controlled by Tsang Yung Yuan and involved in illicit transfers of DPRK coal. |
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72. |
SHANGHAI DONGFENG SHIPPING CO LTD |
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Room 601, 433, Chifeng Lu, Hongkou Qu, Shanghai, 200083, China |
30.3.2018 |
Registered owner, ship and commercial manager of the DONG FENG 6, a vessel that loaded coal at Hamhung, DPRK on 11 July 2017 for export in violation of UN sanctions. |
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73. |
SHEN ZHONG INTERNATIONAL SHIPPING |
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Unit 503, 5th Floor, Silvercord Tower 2, 30, Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong, China |
30.3.2018 |
Ship and commercial manager of HAO FAN 2 and HAO FAN 6, St Kitts-Nevis-flagged vessels. The HAO FAN 6 loaded coal at Nampo, DPRK on 27 August 2017. HAO FAN 2 loaded North Korean coal at Nampo, DPRK on 3 June 2017. |
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74. |
WEIHAI WORLD-SHIPPING FREIGHT |
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419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China |
30.3.2018 |
Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive and instead went to Port Klang, Malaysia on 18 December 2017. |
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75. |
YUK TUNG ENERGY PTE LTD |
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17-22, UOB Plaza 2, Raffles Place, Singapore 048624, Singapore |
30.3.2018 |
Ship manager and commercial manager of the YUK TUNG, which conducted ship-to-ship transfer of refined petroleum product.’ |
2.
The following vessels are added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509 under the heading ‘A. Vessels subject to a seizure’:‘1. Name: CHON MYONG 1
Additional information
IMO: 8712362
2. Name: AN SAN 1
Additional information
IMO: 7303803
3. Name: YU PHYONG 5
Additional information
IMO: 8605026
4. Name: SAM JONG 1
Additional information
IMO: 8405311
5. Name: SAM JONG 2
Additional information
IMO: 7408873
6. Name: SAM MA 2
Additional information
IMO: 8106496
7. Name: YU JONG 2
Additional information
IMO: 8604917
8. Name: PAEK MA
Additional information
IMO: 9066978
9. Name: JI SONG 6
Additional information
IMO: 8898740
10. Name: CHON MA SAN
Additional information
IMO: 8660313
11. Name: NAM SAN 8
Additional information
IMO: 8122347
12. Name: YU SON
Additional information
IMO: 8691702
13. Name: WOORY STAR
Additional information
IMO: 8408595
14. Name: JI SONG 8
Additional information
IMO: 8503228
15. Name: HAP JANG GANG 6
Additional information
IMO: 9066540’
3.
The following vessels are added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509 under the heading ‘B. Vessels which are prohibited entry into ports’:‘9. Name: CHON MYONG 1
Additional information
IMO: 8712362
10. Name: AN SAN 1
Additional information
IMO: 7303803
11. Name: YU PHYONG 5
Additional information
IMO: 8605026
12. Name: SAM JONG 1
Additional information
IMO: 8405311
13. Name: SAM JONG 2
Additional information
IMO: 7408873
14. Name: SAM MA 2
Additional information
IMO: 8106496
15. Name: YU JONG 2
Additional information
IMO: 8604917
16. Name: PAEK MA
Additional information
IMO: 9066978
17. Name: JI SONG 6
Additional information
IMO: 8898740
18. Name: CHON MA SAN
Additional information
IMO: 8660313
19. Name: NAM SAN 8
Additional information
IMO: 8122347
20. Name: YU SON
Additional information
IMO: 8691702
21. Name: WOORY STAR
Additional information
22. Name: ASIA BRIDGE 1
Additional information
IMO: 8916580
23. Name: XIN GUANG HAI
Additional information
IMO: 9004700
24. Name: HUA FU
Additional information
IMO: 9020003
25. Name: YUK TUNG
Additional information
IMO: 9030591
26. Name: KOTI
Additional information
IMO: 9417115
27. Name: DONG FENG 6
Additional information
IMO: 9008201
28. Name: HAO FAN 2
Additional information
IMO: 8747604
29. Name: HAO FAN 6
Additional information
IMO: 8628597
30. Name: JIN HYE
Additional information
IMO: 8518572
31. Name: FAN KE
Additional information
IMO: 8914934
32. Name: WAN HENG 11
Additional information
IMO: 8791667
33. Name: MIN NING DE YOU 078
Additional information
IMO: does not exist’
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9.4.2018 |
EN |
Official Journal of the European Union |
L 91/11 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/549
of 6 April 2018
amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(e) thereof,
Whereas:
|
(1) |
Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’ or ‘CN’), which is set out in Annex I to that Regulation. |
|
(2) |
Additional note 6 to Chapter 17 of the Combined Nomenclature defines ‘inulin syrup’ for the purposes of CN subheadings 1702 60 80 and 1702 90 80. It is an immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state a definite amount of fructose in free form or as sucrose. |
|
(3) |
On the Commission's initiative, on the basis of Article 12(3) of Regulation (EEC) No 2658/87 and Article 7(a)(ii) of Regulation (EU) No 1294/2013 of the European Parliament and of the Council (2), the ‘Proficiency Test on Sugars and Sugar Containing Products 2016’ (3) has been performed in the framework of Action 2 (4) of the Customs Laboratories European Network. It revealed that customs laboratories in the Union interpret the phrase ‘fructose in free form or as sucrose’ mentioned in Additional note 6 to Chapter 17 differently. |
|
(4) |
The text of that Additional note should therefore be clarified. The quantity of present sugars — expressed on the dry matter — should be determined by the High Performance Liquid Chromatography method which is the most precise method available. |
|
(5) |
In the interest of maintaining legal certainty, it is necessary to amend that Additional note by adding a new paragraph to the existing text. |
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(6) |
In order to ensure uniform interpretation of the Combined Nomenclature throughout the Union with regard to the definition of inulin syrup covered by CN subheadings 1702 60 80 and 1702 90 80, Additional note 6 to Chapter 17 of the Combined Nomenclature should be amended. |
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(7) |
Annex I to Regulation (EEC) No 2658/87 should therefore be amended accordingly. |
|
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
In Additional note 6 to Chapter 17 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following paragraph is added:
‘The quantity of “fructose in free form or as sucrose” shall be determined using the formula F + 0,5 S/0,95 calculated on the dry matter, where “F” is the fructose content and “S” is the sucrose content, as determined by the High Performance Liquid Chromatography method.’.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 April 2018.
For the Commission
The President
Jean-Claude JUNCKER
(2) Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC (OJ L 347, 20.12.2013, p. 209).
(3) Final report issued on 24 April 2017 by the European Commission and distributed to the Customs Laboratories European Network.
(4) Action 2 deals with intercomparisons and method validations of the customs laboratories.
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9.4.2018 |
EN |
Official Journal of the European Union |
L 91/13 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/550
of 6 April 2018
amending Annex II to Regulation (EC) No 684/2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (1), and in particular Article 29(1) thereof,
Whereas:
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(1) |
Council Regulation (EEC) No 2658/87 (2) established a goods nomenclature, the ‘Combined Nomenclature’, to meet the requirements of the Common Customs Tariff, the external trade statistics of the Union, and other Union policies concerning the importation or exportation of goods. |
|
(2) |
For the completion of certain data fields in the messages exchanged for the purposes of Articles 21 to 25 of Directive 2008/118/EC, the codes listed in Annex II to Commission Regulation (EC) No 684/2009 (3) are to be used. |
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(3) |
The products subject to the provisions of Council Directive 2003/96/EC (4) are described by references to the codes of the Combined Nomenclature of Commission Regulation (EC) No 2031/2001 (5). |
|
(4) |
Certain energy products are listed in the table in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009 and they are described by references to codes of the Combined Nomenclature of Regulation (EC) No 2031/2001. |
|
(5) |
Pursuant to the amendments to Annex I to Regulation (EEC) No 2658/87, the latest ones introduced by Commission Implementing Regulation (EU) 2017/1925 (6), the codes of the Combined Nomenclature for certain energy products referred to in Directive 2003/96/EC have been replaced by new codes. |
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(6) |
Pursuant to Commission Implementing Decision (EU) 2018/552 (7), the codes of the Combined Nomenclature for certain energy products subject to the provisions of Directive 2003/96/EC have been updated in the light of changes of the Combined Nomenclature, the latest ones introduced by Implementing Regulation (EU) 2017/1925. |
|
(7) |
It is necessary to ensure that the codes of the Combined Nomenclature used to describe the energy products listed in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009 are the codes of the Combined Nomenclature, to which references are made in Directive 2003/96/EC, as updated by Implementing Decision (EU) 2018/552. |
|
(8) |
Council Directive 95/60/EC (8) does not require the application of the common fiscal marker to jet fuel falling within CN code 2710 19 21. Therefore this code should not be used to describe marked kerosene. |
|
(9) |
The description for excise product code E490 refers to a wide range of CN codes, but only some of them should be covered by this excise product code in accordance with Article 20(1)(c) of Directive 2003/96/EC. Therefore its description should be clarified in order to list only the relevant CN codes. |
|
(10) |
Regulation (EC) No 684/2009 should therefore be amended accordingly. |
|
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Excise Duty, |
HAS ADOPTED THIS REGULATION:
Article 1
In the table in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009, the rows with excise products with codes from E410 to E490 and codes E910 and E920 are replaced by the following:
|
EPC |
CAT |
UNIT |
Description |
A |
P |
D |
|
E410 |
E |
2 |
Leaded petrol falling within CN codes 2710 12 31 , 2710 12 51 and 2710 12 59 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E420 |
E |
2 |
Unleaded petrol falling within CN codes 2710 12 31 , 2710 12 41 , 2710 12 45 and 2710 12 49 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E430 |
E |
2 |
Gas oil, unmarked falling within CN codes 2710 19 43 , 2710 19 46 , 2710 19 47 , 2710 19 48 , 2710 20 11 , 2710 20 15 , 2710 20 17 and 2710 20 19 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E440 |
E |
2 |
Gas oil, marked falling within CN codes 2710 19 43 , 2710 19 46 , 2710 19 47 , 2710 19 48 , 2710 20 11 , 2710 20 15 , 2710 20 17 and 2710 20 19 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E450 |
E |
2 |
Kerosene, falling within CN code 2710 19 21 and unmarked kerosene falling within CN code 2710 19 25 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E460 |
E |
2 |
Kerosene, marked falling within CN code 2710 19 25 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E470 |
E |
1 |
Heavy fuel oil falling within CN codes 2710 19 62 , 2710 19 64 , 2710 19 68 , 2710 20 31 , 2710 20 35 and 2710 20 39 (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
N |
|
E480 |
E |
2 |
Products falling within CN codes 2710 12 21 , 2710 12 25 , 2710 19 29 and 2710 20 90 (only for products of which less than 90 % by volume (including losses) distils at 210 °C and 65 % or more by volume (including losses) distils at 250 °C by the ISO 3405 method (equivalent to the ASTM D 86 method)) in bulk commercial movements (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E490 |
E |
2 |
Products falling within CN codes 2710 12 11 , 2710 12 15 , 2710 12 70 , 2710 12 90 , 2710 19 11 , 2710 19 15 , 2710 19 31 , 2710 19 35 , 2710 19 51 and 2710 19 55 . (Article 20(1)(c) of Directive 2003/96/EC) |
N |
N |
Y |
|
E910 |
E |
2 |
Fatty-acid mono-alkyl esters, containing by weight 96,5 % or more of esters (FAMAE) falling within CN code 3826 00 10 (Article 20(1)(h) of Directive 2003/96/EC) |
N |
N |
Y |
|
E920 |
E |
2 |
Products falling within CN codes 3824 99 86 , 3824 99 92 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93 , 3824 99 96 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products) and 3826 00 90 , if these are intended for use as heating fuel or motor fuel (Article 20(1)(h) of Directive 2003/96/EC) |
N |
N |
Y |
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 15 September 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 April 2018.
For the Commission
The President
Jean-Claude JUNCKER
(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(3) Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).
(4) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).
(5) Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 279, 23.10.2001, p. 1).
(6) Commission Implementing Regulation (EU) 2017/1925 of 12 October 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2017, p. 1).
(7) Commission Implementing Decision (EU) 2018/552 of 6 April 2018 updating the references in Council Directive 2003/96/EC to the codes of the Combined Nomenclature for certain products (see page 27 of this Official Journal).
(8) Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (OJ L 291, 6.12.1995, p. 46).
DECISIONS
|
9.4.2018 |
EN |
Official Journal of the European Union |
L 91/16 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2018/551
of 6 April 2018
implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 27 May 2016 the Council adopted Decision (CFSP) 2016/849. |
|
(2) |
On 30 March 2018 the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) added one person and 21 entities to the list of persons and entities subject to restrictive measures and designated 15 vessels for an asset freeze, 25 vessels for a port entry ban and 12 vessels for deflagging. |
|
(3) |
Annexes I and IV to Decision (CFSP) 2016/849 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annexes I and IV to Decision (CFSP) 2016/849 are amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 6 April 2018.
For the Council
The President
E. ZAHARIEVA
ANNEX
1)
The person and entities listed below shall be added to the list of persons and entities subject to restrictive measures set out in Annex I to Decision (CFSP) 2016/849:‘A. Persons
|
|
Name |
Alias |
Date of birth |
Date of UN designation |
Statement of reasons |
|
80. |
TSANG YUNG YUAN |
Neil Tsang, Yun Yuan Tsang |
DOB: 20.10.1957 Passport No: 302001581 |
30.3.2018 |
Tsang Yung Yuan has coordinated DPRK coal exports with a DPRK broker operating in a third country, and he has a history of other sanctions evasion activities. |
B. Entities
|
|
Name |
Alias |
Location |
Date of UN designation |
Other information |
|
55. |
CHANG AN SHIPPING & TECHNOLOGY |
CHANG AN SHIPPING AND TECHNOLOGY |
Room 2105, DL1849, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China |
30.3.2018 |
Registered owner, ship manager, and commercial manager of Panama-flagged vessel HUA FU, a cargo ship that loaded DPRK coal at Najin DPRK on September 24, 2017. |
|
56. |
CHONMYONG SHIPPING CO |
CHON MYONG SHIPPING COMPANY LIMITED |
Kalrimgil 2-dong, Mangyongdae-guyok, Pyongyang, DPRK; Saemaul 2-dong, Pyongchon-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of CHON MYONG 1, a DPRK-flagged vessel that conducted ship-to-ship transfer of fuel in late December 2017. |
|
57. |
FIRST OIL JV CO LTD |
|
Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
Owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018. |
|
58. |
HAPJANGGANG SHIPPING CORP |
|
Kumsong 3-dong, Mangyongdae-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the DPRK tanker NAM SAN 8, which is believed to have been involved in ship to ship transfer operations for oil, and owner of vessel HAP JANG GANG 6. |
|
59. |
HUAXIN SHIPPING HONGKONG LTD |
|
Room 2105, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China |
30.3.2018 |
Ship and commercial manager of the ASIA BRIDGE 1. Hong Kong-owned vessel, the probable “ASIA BRIDGE 1” was instructed on October 19, 2017 by Huaxin Shipping to make preparations for entry into Nampo, DPRK to receive a shipment of coal bound for Vietnam. The “ASIA BRIDGE 1” was instructed by an unidentified employee of Huaxin Shipping Ltd to make preparations to receive 8 000 metric tons of coal and then sail to Cam Pha, Vietnam. The master of the vessel was instructed to cover the ship's name and other markings using canvas while in port at Nampo. |
|
60. |
KINGLY WON INTERNATIONAL CO., LTD |
|
Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960, Marshall Islands |
30.3.2018 |
In 2017, Tsang Yung Yuan (aka Neil Tsang) and Kingly Won attempted to engage in an oil deal valued at over $1 million with a petroleum company in a third country to illicitly transfer to the DPRK. Kingly Won acted as a broker for that petroleum company and a Chinese company that reached out to Kingly Won to purchase marine oil on its behalf. |
|
61. |
KOREA ACHIM SHIPPING CO |
|
Sochang-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker CHON MA SAN. DPRK-flagged CHON MA SAN prepared for likely ship to ship transfer operations in late January 2018. The master of the DPRK-flagged motor tanker YU JONG 2 reported on November 18, 2017 to an unidentified DPRK-based controller that the vessel was avoiding a storm in advance of a ship to ship transfer. The master suggested that the YU JONG 2 load fuel oil before the DPRK-flagged tanker CHON MA SAN since the CHON MA SAN's larger size was better suited to conduct ship to ship transfers in a storm. After the CHON MA SAN loaded fuel oil from a vessel, the YU JONG 2 loaded 1 168 kiloliters of fuel oil on November 19, 2017 through a ship to ship transfer operation. |
|
62. |
KOREA ANSAN SHIPPING COMPANY |
KOREA ANSAN SHPG COMPANY |
Pyongchon 1-dong, Pyongchon-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker AN SAN 1 believed to have been involved in ship to ship transfer operations for oil. |
|
63. |
KOREA MYONGDOK SHIPPING CO |
|
Chilgol 2-dong, Mangyongdae-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the YU PHYONG 5. In late November 2017, the YU PHYONG 5 conducted a ship-to-ship transfer of 1 721 metric tons of fuel oil. |
|
64. |
KOREA SAMJONG SHIPPING |
|
Tonghung-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tankers SAM JONG 1 and SAM JONG 2. Both vessels are believed to have imported refined petroleum to DPRK in violation of UN sanctions in late January 2018. |
|
65. |
KOREA SAMMA SHIPPING CO |
|
Rakrang 3-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
A DPRK-flagged tanker, SAM MA 2 owned by Korea Samma Shipping Company, conducted a ship-to-ship transfer of oil and fabricated documents in mid-October 2017, loading almost 1 600 metric tons of fuel oil in one transaction. The ship master was instructed to erase SAMMA SHIPPING and the Korean words found on the ship's seal and instead put “Hai Xin You 606” to mask its identity as a DPRK vessel. |
|
66. |
KOREA YUJONG SHIPPING CO LTD |
|
Puksong 2-dong, Pyongchon-guyok, Pyongyang, DPRK; Company Number IMO 5434358 |
30.3.2018 |
Registered owner of the DPRK tanker YU JONG 2, which loaded 1 168 kiloliters of fuel oil on November 19, 2017 through a ship to ship transfer operation. |
|
67. |
KOTI CORP |
|
Panama City, Panama |
30.3.2018 |
Ship manager and commercial manager of the Panama-flagged vessel KOTI, which conducted ship-to-ship transfers of likely petroleum product to the DPRK-flagged KUM UN SAN 3 on December 9, 2017. |
|
68. |
MYOHYANG SHIPPING CO |
|
Kumsong 3-dong, Mangyondae-guyok, Pyongyang, DPRK |
30.3.2018 |
Ship manager of DPRK oil products tanker YU SON, which is believed to have been involved in ship to ship transfer operations for oil. |
|
69. |
PAEKMA SHIPPING CO |
Care of First Oil JV Co Ltd |
Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018. |
|
70. |
PHYONGCHON SHIPPING & MARINE |
PHYONGCHON SHIPPING AND MARINE |
Otan-dong, Chung-guyok, Pyongyang, DPRK |
30.3.2018 |
Registered owner of DPRK tanker JI SONG 6, which is believed to have been involved in ship to ship transfer operations of oil in late January 2018. The company also owns vessels JI SONG 8 and WOORY STAR. |
|
71. |
PRO-GAIN GROUP CORPORATION |
|
Le Sanalele Complex, Ground Floor, Vaea Street, Saleufi, Apia, Samoa |
30.3.2018 |
Company owned or controlled by Tsang Yung Yuan and involved in illicit transfers of DPRK coal. |
|
72. |
SHANGHAI DONGFENG SHIPPING CO LTD |
|
Room 601, 433, Chifeng Lu, Hongkou Qu, Shanghai, 200083, China |
30.3.2018 |
Registered owner, ship and commercial manager of the DONG FENG 6, a vessel that loaded coal at Hamhung, DPRK on July 11, 2017 for export in violation of UN sanctions. |
|
73. |
SHEN ZHONG INTERNATIONAL SHIPPING |
|
Unit 503, 5th Floor, Silvercord Tower 2, 30, Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong, China |
30.3.2018 |
Ship and commercial manager of HAO FAN 2 and HAO FAN 6, St Kitts-Nevis-flagged vessels. The HAO FAN 6 loaded coal at Nampo, DPRK on August 27, 2017. HAO FAN 2 loaded North Korean coal at Nampo, DPRK on June 3, 2017. |
|
74. |
WEIHAI WORLD-SHIPPING FREIGHT |
|
419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China |
30.3.2018 |
Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK on October 27, 2017 and had an ETA of November 14, 2017 to Cam Pha, Vietnam, but it did not arrive and instead went to Port Klang, Malaysia on December 18, 2017. |
|
75. |
YUK TUNG ENERGY PTE LTD |
|
17-22, UOB Plaza 2, Raffles Place, Singapore 048624, Singapore |
30.3.2018 |
Ship manager and commercial manager of the YUK TUNG, which conducted ship-to-ship transfer of refined petroleum product.’ |
2)
The vessels listed below shall be added to the list of vessels subject to restrictive measures set out in Annex IV to Decision (CFSP) 2016/849 under the heading ‘A. Deflagged vessels’‘1. Name: ASIA BRIDGE 1
Additional information
IMO: 8916580
2. Name: XIN GUANG HAI
Additional information
IMO: 9004700
3. Name: HUA FU
Additional information
IMO: 9020003
4. Name: YUK TUNG
Additional information
IMO: 9030591
5. Name: KOTI
Additional information
IMO: 9417115
6. Name: DONG FENG 6
Additional information
IMO: 9008201
7. Name: HAO FAN 2
Additional information
IMO: 8747604
8. Name: HAO FAN 6
Additional information
IMO: 8628597
9. Name: JIN HYE
Additional information
IMO: 8518572
10. Name: FAN KE
Additional information
IMO: 8914934
11. Name: WAN HENG 11
Additional information
IMO: 8791667
12. Name: MIN NING DE YOU 078
Additional information
IMO: does not exist’
3)
The vessels listed below shall be added to the list of vessels subject to restrictive measures set out in Annex IV to Decision (CFSP) 2016/849 under the heading ‘D. Vessels which are prohibited entry into ports’‘9. Name: CHON MYONG 1
Additional information
IMO: 8712362
10. Name: AN SAN 1
Additional information
IMO: 7303803
11. Name: YU PHYONG 5
Additional information
IMO: 8605026
12. Name: SAM JONG 1
Additional information
IMO: 8405311
13. Name: SAM JONG 2
Additional information
IMO: 7408873
14. Name: SAM MA 2
Additional information
IMO: 8106496
15. Name: YU JONG 2
Additional information
IMO: 8604917
16. Name: PAEK MA
Additional information
IMO: 9066978
17. Name: JI SONG 6
Additional information
IMO: 8898740
18. Name: CHON MA SAN
Additional information
IMO: 8660313
19. Name: NAM SAN 8
Additional information
IMO: 8122347
20. Name: YU SON
Additional information
IMO: 8691702
21. Name: WOORY STAR
Additional information
IMO: 8408595
22. Name: ASIA BRIDGE 1
Additional information
IMO: 8916580
23. Name: XIN GUANG HAI
Additional information
IMO: 9004700
24. Name: HUA FU
Additional information
IMO: 9020003
25. Name: YUK TUNG
Additional information
IMO: 9030591
26. Name: KOTI
Additional information
IMO: 9417115
27. Name: DONG FENG 6
Additional information
IMO: 9008201
28. Name: HAO FAN 2
Additional information
IMO: 8747604
29. Name: HAO FAN 6
Additional information
IMO: 8628597
30. Name: JIN HYE
Additional information
IMO: 8518572
31. Name: FAN KE
Additional information
IMO: 8914934
32. Name: WAN HENG 11
Additional information
IMO: 8791667
33. Name: MIN NING DE YOU 078
Additional information
IMO: does not exist’
4)
The vessels listed below shall be added to the list of vessels subject to restrictive measures set out in Annex IV to Decision (CFSP) 2016/849 under the heading ‘E. Vessels subject to an asset freeze’‘1. Name: CHON MYONG 1
Additional information
IMO: 8712362
2. Name: AN SAN 1
Additional information
IMO: 7303803
3. Name: YU PHYONG 5
Additional information
IMO: 8605026
4. Name: SAM JONG 1
Additional information
IMO: 8405311
5. Name: SAM JONG 2
Additional information
IMO: 7408873
6. Name: SAM MA 2
Additional information
IMO: 8106496
7. Name: YU JONG 2
Additional information
IMO: 8604917
8. Name: PAEK MA
Additional information
IMO: 9066978
9. Name: JI SONG 6
Additional information
IMO: 8898740
10. Name: CHON MA SAN
Additional information
IMO: 8660313
11. Name: NAM SAN 8
Additional information
IMO: 8122347
12. Name: YU SON
Additional information
IMO: 8691702
13. Name: WOORY STAR
Additional information
IMO: 8408595
14. Name: JI SONG 8
Additional information
IMO: 8503228
15. Name: HAP JANG GANG 6
Additional information
IMO: 9066540’
|
9.4.2018 |
EN |
Official Journal of the European Union |
L 91/27 |
COMMISSION IMPLEMENTING DECISION (EU) 2018/552
of 6 April 2018
updating the references in Council Directive 2003/96/EC to the codes of the Combined Nomenclature for certain products
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), and in particular the second subparagraph of Article 2(5) thereof,
Whereas:
|
(1) |
Council Regulation (EEC) No 2658/87 (2) established a goods nomenclature, the ‘Combined Nomenclature’, to meet the requirements of the Common Customs Tariff, the external trade statistics of the Union, and other Union policies concerning the importation or exportation of goods. |
|
(2) |
The products subject to the provisions of Directive 2003/96/EC are described by references to the codes of the Combined Nomenclature of Commission Regulation (EC) No 2031/2001 (3). |
|
(3) |
Pursuant to the amendments to Annex I to Regulation (EEC) No 2658/87, the latest ones introduced by Commission Implementing Regulation (EU) 2017/1925 (4), the codes of Combined Nomenclature for certain products referred to in Directive 2003/96/EC, have been replaced by new codes. |
|
(4) |
Therefore it is appropriate to update the references to certain codes used in Directive 2003/96/EC to ensure that the products referred thereto are described by the new codes of the Combined Nomenclature, as updated by Implementing Regulation (EU) 2017/1925. |
|
(5) |
A decision to update the references to certain codes in the Combined Nomenclature must not result in any changes in the minimum tax rates applied in Directive 2003/96/EC or to the addition or removal of any energy products. |
|
(6) |
Directive 2003/96/EC should therefore be amended as follows. |
|
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Committee on Excise Duty, |
HAS ADOPTED THIS DECISION:
Article 1
The references in Directive 2003/96/EC to certain codes of the Combined Nomenclature of Regulation (EC) No 2031/2001 are updated to references to the corresponding codes of Implementing Regulation (EU) 2017/1925:
|
(1) |
in Article 2(1)(h), code ‘3824 90 99’ is replaced by codes ‘3824 99 86, 3824 99 92 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93, 3824 99 96 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3826 00 10 and 3826 00 90’; |
|
(2) |
in Article 16(1) the references to certain codes are updated as follows:
|
|
(3) |
in Article 20(1) the references to certain codes are updated as follows:
|
|
(4) |
in Annex I, the references to certain codes are updated as follows:
|
Article 2
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 15 September 2018.
Done at Brussels, 6 April 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 283, 31.10.2003, p. 51.
(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(3) Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 279, 23.10.2001, p. 1).
(4) Commission Implementing Regulation (EU) 2017/1925 of 12 October 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2017, p. 1).
