ISSN 1977-0677 |
||
Official Journal of the European Union |
L 98 |
|
![]() |
||
English edition |
Legislation |
Volume 61 |
Contents |
|
II Non-legislative acts |
page |
|
|
REGULATIONS |
|
|
* |
||
|
* |
||
|
* |
||
|
* |
||
|
|
DECISIONS |
|
|
* |
||
|
* |
||
|
* |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/1 |
COUNCIL REGULATION (EU) 2018/581
of 16 April 2018
temporarily suspending the autonomous Common Customs Tariff duties on certain goods of a kind to be incorporated in or used for aircraft, and repealing Regulation (EC) No 1147/2002
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
By Council Regulation (EC) No 1147/2002 (1), the autonomous Common Customs Tariff duties were temporarily suspended for certain parts, components and other goods of a kind to be incorporated in or used for civil aircraft, when imported with airworthiness certificates. That Regulation simplified customs procedures for duty-free imports of parts, components and other goods used for the manufacture, repair, maintenance, rebuilding, modification or conversion of aircraft. However, due to extensive technical and legislative developments which have occurred since 2002, and in the interests of clarity, Regulation (EC) No 1147/2002 should be replaced. |
(2) |
According to information received from the Member States, the temporary suspension introduced by Regulation (EC) No 1147/2002 remains necessary in order to alleviate the administrative burden for both the economic operators in the aircraft sector and for the customs authorities of the Member States, as importations under special procedures with customs supervision such as end-use, inward processing or customs warehousing would be burdensome. The temporary suspension should therefore be continued. |
(3) |
In view of the fact that the prices for parts and components used in the aircraft sector are usually much higher than the prices for similar goods used for other purposes, the risk that the imported duty-free goods might be used in other industrial areas and, hence, the risk of abuse of the temporary suspension, is very low. |
(4) |
Commission Regulation (EU) No 748/2012 (2) provides that in order for a part to be eligible for installation in a type-certificated product, it must be accompanied by an authorised release certificate (EASA Form 1) issued by a party authorised by aviation authorities within the Union. Therefore, the suspension of customs duties should be conditional on the availability of an authorised release certificate or, in the case of repair or maintenance of goods that have lost their airworthiness status, on the availability of a previous authorised release certificate. |
(5) |
In addition, equivalent certificates issued by third countries and certificates which were issued in the framework of bilateral aviation safety agreements with the Union before the establishment of the European Aviation Safety Agency (EASA) should also be accepted as an alternative to the authorised release certificates (EASA Form 1). |
(6) |
Considering that certificates are issued in an electronic form, it should be possible to make certificates available using either electronic data-processing techniques or other means for the purposes of benefitting from the suspension. |
(7) |
In order to facilitate customs controls, the customs declaration for release for free circulation should contain a reference to the identification number of the authorised release certificate or, in the case of the repair or maintenance of goods that have lost their airworthiness status, to the identification number of a previous authorised release certificate. |
(8) |
Customs authorities of the Member States should be able to request an expert opinion from a representative of the national aviation authorities, at the expense of the importer, where they suspect that a certificate has been falsified. However, before taking such action, the customs authorities should take into account the risk that the cost of the expert opinion would outweigh the benefit to the importer of the suspension of duties, in the event that according to the expert opinion the rules for the issuing of those certificates have not been infringed. |
(9) |
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to establish a list of the headings, subheadings and codes of the Combined Nomenclature set out in Council Regulation (EEC) No 2658/87 (3) under which the goods eligible for suspension under this Regulation are classified, and to establish a list of certificates which are deemed to be equivalent to the authorised release certificate EASA Form 1. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). |
(10) |
In view of the extensive changes brought about by this Regulation with regard to the goods eligible for the suspension of autonomous customs duties, the acceptable authorised release certificates and the procedures, as well as in the interests of clarity, Regulation (EC) No 1147/2002 should be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
1. The autonomous Common Customs Tariff duties laid down in Regulation (EEC) No 2658/87 for parts, components and other goods of a kind to be incorporated in or used for aircraft and parts thereof in the course of their manufacture, repair, maintenance, rebuilding, modification or conversion shall be suspended.
Those autonomous Common Customs Tariff duties shall also be suspended for goods that have lost their airworthiness status when imported for repair or maintenance.
2. The Commission shall, by means of implementing acts, establish a list of the headings, subheadings and codes of the Combined Nomenclature set out in Regulation (EEC) No 2658/87 under which goods eligible for the suspension are classified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 4(2).
Article 2
1. In order for goods to benefit from the suspension laid down in Article 1, the declarant shall make an authorised release certificate EASA Form 1, as set out in Appendix I to Annex I to Regulation (EU) No 748/2012, or an equivalent certificate, available to the customs authorities when lodging the customs declaration for release for free circulation. The certificate shall be made available using electronic data-processing techniques or other means.
The customs declaration for release for free circulation shall contain a reference to the identification number of the authorised release certificate or, in the case of the repair or maintenance of goods that have lost their airworthiness status, to the identification number of a previous authorised release certificate.
2. The Commission shall, by means of implementing acts, establish a list of certificates which are deemed to be equivalent to the authorised release certificate EASA Form 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 4(2).
Article 3
Where the customs authorities have good reason to suspect that a certificate made available to them in accordance with Article 2(1) has been falsified, they may request an expert opinion from a representative of the national aviation authorities. The importer shall bear the costs of the expert opinion.
When deciding whether to request an expert opinion, the customs authorities shall take into account the risk that the cost of the expert opinion would outweigh the benefit to the importer of the suspension of duties, in the event that according to the expert opinion the rules for the issuing of those certificates have not been infringed.
Article 4
1. The Commission shall be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (5). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 5
Regulation (EC) No 1147/2002 is repealed. References to the repealed Regulation shall be construed as references to this Regulation.
Article 6
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 19 April 2018. However, Article 1(1), Article 2(1) and Articles 3 and 5 shall apply from the date of entry into force of the implementing acts referred to in Article 1(2) and Article 2(2), and from 31 December 2018 at the latest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 16 April 2018.
For the Council
The President
R. PORODZANOV
(1) Council Regulation (EC) No 1147/2002 of 25 June 2002 temporarily suspending the autonomous Common Customs Tariff duties on certain goods imported with airworthiness certificates (OJ L 170, 29.6.2002, p. 8).
(2) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).
(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) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(5) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/4 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/582
of 12 April 2018
amending Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (1), and in particular Article 6(1) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) No 1352/2013 (2) established the application form provided for in Regulation (EU) No 608/2013 to be used for requesting that customs authorities take action with respect to goods suspected of infringing an intellectual property right (‘application form’). |
(2) |
The application form needs to be adapted to take account of the practical experience made in using that form as well as to ensure a trouble free transmission and exchange of information via the central database referred to in Article 31 of Regulation (EU) No 608/2013. |
(3) |
Where an application is submitted after the customs authorities have suspended the release of or detained the goods at their own initiative, this should be indicated on the application form by the applicant. |
(4) |
By Regulation (EU) 2015/2424 of the European Parliament and of the Council (3), the term ‘Community trade mark’ was replaced in the Union legal order by the term ‘European Union trade mark’. The application form needs to be updated accordingly. |
(5) |
Where the applicant requests the use of the procedure for the destruction of goods in small consignments in accordance with Article 26 of Regulation (EU) No 608/2013, he should be able to specify whether he wishes that procedure to be used in all the Member States or in one or several specific Member States. |
(6) |
An applicant should be required to provide in the application form the names and addresses of involved companies and traders as that information is relevant to the customs authorities' analysis and assessment of the risk of infringement. |
(7) |
Taking into account that, in accordance with Article 31 of Regulation (EU) No 608/2013, all exchanges of data on decisions relating to applications and detentions between the Member States and the Commission are to be made via the central database of the Commission and that that database needs to be adjusted to the new application form, the amendments to Annexes I and III to Implementing Regulation (EU) No 1352/2013 should apply from 15 May 2018. |
(8) |
Implementing Regulation (EU) No 1352/2013 should therefore be amended accordingly. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) No 1352/2013 is amended as follows:
(1) |
Annex I is replaced by the text set out in Annex I to this Regulation; |
(2) |
Annex III is amended in accordance with Annex II to this Regulation. |
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.
It shall apply from 15 May 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 April 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 181, 29.6.2013, p. 15.
(2) Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (OJ L 341, 18.12.2013, p. 10).
(3) Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 341, 24.12.2015, p. 21).
ANNEX II
Part I of Annex III to Implementing Regulation (EU) No 1352/2013 is amended as follows:
(1) |
in the note on the completion of box 1 (‘Applicant’), the text is replaced by the following: ‘Details concerning the applicant shall be entered in this box. It shall contain information on the name and complete address of the applicant, his Taxpayer Identification Number, any other national registration number or his Economic Operator Registration and Identification Number (EORI-No), which is a number, unique throughout the Union, assigned by a customs authority in a Member State to economic operators involved in customs activities, his telephone, mobile telephone or fax number and his email address. The applicant may also enter, where appropriate, his website address.’; |
(2) |
in the note on the completion of box 2 (‘Union/National application’), the following paragraph is added: ‘Where the application is submitted after the release of the goods was suspended or the goods were detained in accordance with Article 18 of Regulation (EU) No 608/2013, the box ‘National application (cf. Article 5(3))’ shall be ticked.’; |
(3) |
in the note on the completion of box 10 (‘Small consignment procedure’), the text is replaced by the following: ‘Where the applicant wishes to request the use of the procedure for destruction of goods in the small consignment set out in Article 26 of Regulation (EU) No 608/2013, he shall tick the appropriate box of the Member State, or Member States in case of a Union application, in which he wishes to have the procedure applied.’. |
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/17 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/583
of 16 April 2018
entering a name in the register of protected designations of origin and protected geographical indications (‘Lough Neah Pollan’ (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘Lough Neah Pollan’ was published in the Official Journal of the European Union (2). |
(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Lough Neah Pollan’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Lough Neah Pollan’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7 Fresh fish, molluscs and crustaceans, and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
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, 16 April 2018.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 431, 15.12.2017, p. 10.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/18 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/584
of 17 April 2018
approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Graves’ (PDO))
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 99 thereof,
Whereas:
(1) |
The Commission has examined France's application pursuant to Article 105 of Regulation (EU) No 1308/2013 for the approval of amendments to the specification for the Protected Designation of Origin ‘Graves’. |
(2) |
The Commission published the application for the approval of amendments to the specification, as required by Article 97(3) of Regulation (EU) No 1308/2013, in the Official Journal of the European Union (2). |
(3) |
No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
(4) |
The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Graves’ (PDO) are hereby approved.
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, 17 April 2018.
For the Commission
The President
Jean-Claude JUNCKER
DECISIONS
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/19 |
COUNCIL DECISION (EU) 2018/585
of 12 April 2018
appointing a member, proposed by the Republic of Austria, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Austrian Government,
Whereas:
(1) |
On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
(2) |
A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heinz SCHADEN, |
HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
— |
Mr Matthias STADLER, Bürgermeister der Stadt St. Pölten. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 12 April 2018.
For the Council
The President
T. DONCHEV
(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).
(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).
(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/20 |
COUNCIL DECISION (EU) 2018/586
of 12 April 2018
appointing a member, proposed by the Republic of Austria, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Austrian Government,
Whereas:
(1) |
On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 20 June 2017, by Council Decision (EU) 2017/1121 (4), Mr Christian BUCHMANN was re-appointed as a member. |
(2) |
A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Christian BUCHMANN, |
HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
— |
Ms Barbara EIBINGER-MIEDL, Landesrätin in der Steiermärkischen Landesregierung. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 12 April 2018.
For the Council
The President
T. DONCHEV
(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).
(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).
(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
(4) Council Decision (EU) 2017/1121 of 20 June 2017 appointing a member, proposed by the Republic of Austria (OJ L 162, 23.6.2017, p. 54).
18.4.2018 |
EN |
Official Journal of the European Union |
L 98/21 |
COUNCIL DECISION (EU) 2018/587
of 12 April 2018
appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the German Government,
Whereas:
(1) |
On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 18 July 2016, by Council Decision (EU) 2016/1204 (4), Mr Tilman TÖGEL was replaced by Ms Katrin BUDDE as a member. |
(2) |
A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Katrin BUDDE, |
HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
— |
Mr Tilman TÖGEL, Mitglied des Kreistages Landkreis Stendal. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 12 April 2018.
For the Council
The President
T. DONCHEV
(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).
(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).
(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
(4) Council Decision (EU) 2016/1204 of 18 July 2016 appointing a member, proposed by the Federal Republic of Germany of the Committee of the Regions (OJ L 198, 23.7.2016, p. 45).