30.6.2010

Official Journal of the European Union

L 163/1

COUNCIL REGULATION (EU, EURATOM) No 564/2010

of 29 June 2010

adjusting the correction coefficients applicable to the remuneration and pensions of officials and other servants of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Protocol on the Privileges and Immunities of the European Union, and in particular Article 12 thereof,

Having regard to the Staff Regulations of Officials of the European Union and to the Conditions of Employment of other servants of the Union, as laid down by Council Regulation (EEC, Euratom) No 259/68 (1), and in particular Articles 64, 65(2) of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Articles 64 and 92 of the Conditions of Employment of Other Servants,

Having regard to the proposal from the European Commission,

Whereas:

(1)	There was a substantial decrease in the cost of living in Latvia and Lithuania in the period from June to December 2009, the correction coefficients applied to the remuneration of officials and other servants should therefore be adjusted,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 January 2010, the correction coefficients applicable, under Article 64 of the Staff Regulations, to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:

—	Latvia 79,6,

—	Lithuania 73,4,

Article 2

With effect from the first day of the month following that of the publication of this Regulation in the Official Journal of the European Union, the correction coefficients applicable under Article 17(3) of Annex VII to the Staff Regulations to transfers by officials and other servants shall be as follows:

—	Latvia 73,3,

Article 3

This Regulation shall enter into force on the day following 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 Luxembourg, 29 June 2010.

For the Council

The President

E. ESPINOSA

(1) OJ L 56, 4.3.1968, p. 1.

30.6.2010

Official Journal of the European Union

L 163/2

COUNCIL REGULATION (EU) No 565/2010

of 29 June 2010

amending Regulation (EU) No 7/2010 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products

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)

In order to ensure sufficient and uninterrupted supplies of certain goods insufficiently produced in the Union and to avoid any disturbances on the market for certain agricultural and industrial products, autonomous tariff quotas have been opened by Regulation (EU) No 7/2010 (1). Products within those tariff quotas can be imported at reduced or zero duty rates. For the same reasons it is necessary to open, with effect from 1 July 2010, for certain products new tariff quotas at a zero duty rate for an appropriate volume.

(2)	The quota volumes for autonomous tariff quotas of the Union with order Nos 09.2814, 09.2816 and 09.2807 are insufficient to meet the needs of the Union industry. Consequently, those quota volumes should be increased.

(3)	The product description for the autonomous tariff quota of the Union with order No 09.2907 should be revised.

(4)	Regulation (EU) No 7/2010 should therefore be amended accordingly.

(5)	Since the tariff quotas provided for in this Regulation should take effect from 1 July 2010, this Regulation should apply from the same date and enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 7/2010 is amended as follows:

1.	the rows set out in Annex I to this Regulation are added;

2.	the rows for the tariff quotas with order Nos 09.2814, 09.2907, 09.2816 and 09.2807 are replaced by the rows set out in Annex II to this Regulation.

Article 2

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

It shall apply from 1 July 2010.

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

Done at Luxembourg, 29 June 2010.

For the Council

The President

E. ESPINOSA

(1) OJ L 3, 7.1.2010, p. 1.

ANNEX I

Tariff quotas referred to in Article 1, point 1

Order number	CN code	TARIC	Description	Quota period	Quota amount	Quota duty
09.2636	ex 8411 82 80	20	64 MW industrial aero-derivative gas turbine engines for incorporation into industrial power generation sets for peaking/mid-merit duty operating less than 5 500 hours per year and with a simple-cycle efficiency of greater than 40 %	1.7.-31.12.	5 units	0 %
09.2635	ex 9001 10 90	20	Optical fibres for the manufacture of glass fibre cables under heading 8544 (1)	1.7.-31.12.	1 150 000 km	0 %

ANNEX II

Tariff quotas referred to in Article 1, point 2

Order number

CN code

TARIC

Description

Quota period

Quota amount

Quota duty

09.2814

ex 3815 90 90

Catalyst consisting of titanium dioxide and tungsten trioxide

1.1.-31.12.

2 200 t

0 %

09.2907

ex 3824 90 97

Mixture of phytosterols, in the form of powder, containing by weight:

—	75 % or more of sterols,

—	not more than 25 % of stanols

for use in the manufacture of stanols/sterols or stanol/sterol esters (1)

1.1.-31.12.

2 500 t

0 %

09.2816

ex 3912 11 00

Cellulose acetate flakes

1.1.-31.12.

58 500 t

0 %

09.2807

ex 3913 90 00

Non sterile sodium hyaluronate

1.1.-31.12.

150 000 g

0 %

30.6.2010

Official Journal of the European Union

L 163/4

COUNCIL REGULATION (EU) No 566/2010

of 29 June 2010

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products

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)	It is in the interest of the Union to suspend totally the autonomous Common Customs Tariff duties on a number of new products not listed in the Annex to Regulation (EC) No 1255/96 (1).

(2)

The CN and TARIC codes 1518009910, 3907202091, 7410110010, 7410210060 and 9031908530 for four products which are currently listed in the Annex to Regulation (EC) No 1255/96 should be deleted because it is no longer in the interest of the Union to maintain the suspension of autonomous Common Customs Tariff duties for those products.

(3)

It is necessary to modify the description of twelve suspensions in the Annex to Regulation (EC) No 1255/96 in order to take account of technical product developments and economic trends on the market. Those suspensions should be deleted from the list in that Annex and reinserted as new suspensions using new descriptions. In the interest of clarity, those suspensions should be marked with an asterisk in the first column of Annex I and of Annex II to this Regulation.

(4)

Experience has shown that is is necessary to provide for an expiry date to the suspensions listed in Regulation (EC) No 1255/96 to ensure that account is taken of technological and economic changes. This should not exclude the premature termination of certain measures or their continuation beyond that period, if justified by economic reasons, in accordance with the principles laid down in the Commission communication of 1998 concerning autonomous tariff suspensions and quotas (2).

(5)	Regulation (EC) No 1255/96 should therefore be amended accordingly.

(6)	Since the suspensions laid down in this Regulation should take effect from 1 July 2010, this Regulation should apply from the same date and enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1255/96 is hereby amended as follows:

1.	the rows for the products listed in Annex I to this Regulation are inserted;

2.	the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted.

Article 2

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

It shall apply from 1 July 2010.

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

Done at Luxembourg, 29 June 2010.

For the Council

The President

E. ESPINOSA

(1) OJ L 158, 29.6.1996, p. 1.

(2) OJ C 128, 25.4.1998, p. 2.

ANNEX I

Products referred to in Article 1(1)

CN code

TARIC

Description

Rate of autonomous duty

Validity period

ex 1515 19 10

Linseed oil of an iodine index of 190 or more measured according to ISO standard 150-2006

0 %

1.7.2010-31.12.2010

ex 1516 20 96

Refined, bleached, hydrogenated soya bean oil in the form of flakes of a kind used in the manufacture of cosmetics

0 %

1.7.2010-31.12.2010

ex 1516 20 96

Jojoba oil, hydrogenated and interesterified, without any further chemical modification and not subjected to any texturisation process

0 %

1.7.2010-31.12.2014

ex 2008 99 49

Sweetened dried cranberries

0 %

1.7.2010-31.12.2014

ex 2008 99 49

Seedless boysenberry puree not containing added spirit, whether or not containing added sugar

0 %

1.7.2010-31.12.2014

ex 2008 99 99

ex 2805 30 90

Samarium of a purity by weight of 99,90 % or more

0 %

1.7.2010-31.12.2014

ex 2904 10 00

Sodium p-styrenesulphonate

0 %

1.7.2010-31.12.2014

ex 2904 10 00

Sodium 2-methylprop-2-ene-1-sulphonate

0 %

1.7.2010-31.12.2014

ex 2905 19 00

2,6-Dimethylheptan-2-ol

0 %

1.7.2010-31.12.2014

ex 2905 29 90

Dec-9-en-1-ol

0 %

1.7.2010-31.12.2014

ex 2909 30 90

2-(Phenylmethoxy)naphthalene

0 %

1.7.2010-31.12.2014

ex 2909 30 90

1,2-Bis(3-methyl-phenoxy)ethane

0 %

1.7.2010-31.12.2014

ex 2915 90 00

Allyl heptanoate

0 %

1.7.2010-31.12.2014

ex 2917 11 00

Cobalt oxalate

0 %

1.7.2010-31.12.2014

ex 2917 19 10

Dimethyl malonate

0 %

1.7.2010-31.12.2014

ex 2917 19 90

Ethylene brassylate

0 %

1.7.2010-31.12.2014

ex 2918 99 90

Methyl 3-methoxyacrylate

0 %

1.7.2010-31.12.2014

ex 2918 99 90

Allyl-(3-methylbutoxy)acetate

0 %

1.7.2010-31.12.2014

ex 2921 19 50

Diethylamino-triethoxysilane

0 %

1.7.2010-31.12.2014

ex 2929 90 00

ex 2922 19 85

2-(Dimethylamino) ethyl benzoate

0 %

1.7.2010-31.12.2014

ex 2922 49 85

DL-Aspartic acid used for the manufacture of food-integrators

(1)

0 %

1.7.2010-31.12.2014

ex 2922 50 00

1-[2-Amino-1-(4-methoxyphenyl)-ethyl]-cyclohexanol hydrochloride

0 %

1.7.2010-31.12.2014

ex 2924 29 98

2-Chloro-N-(2-ethyl-6-methylphenyl)-N-(propan-2-yloxymethyl)acetamide

0 %

1.7.2010-31.12.2014

ex 2926 90 95

Methacrylonitrile

0 %

1.7.2010-31.12.2014

ex 2926 90 95

Ethyl 2-cyano-2-ethyl-3-methylhexanoate

0 %

1.7.2010-31.12.2014

ex 2929 10 00

3,3’-Dimethylbiphenyl-4,4’-diyl diisocyanate

0 %

1.7.2010-31.12.2014

ex 2930 90 99

Disodium hexamethylene-1,6-bisthiosulfate dihydrate

3 %

1.7.2010-31.12.2014

ex 2930 90 99

2-Chloro-4-(methylsulphonyl)benzoic acid

0 %

1.7.2010-31.12.2014

ex 2931 00 99

Trimethylborane

0 %

1.7.2010-31.12.2014

ex 2933 39 99

Copper pyrithione powder

0 %

1.7.2010-31.12.2014

ex 2933 39 99

Fluazinam (ISO)

0 %

1.7.2010-31.12.2014

ex 2933 39 99

5-Difluoromethoxy-2-[[(3,4-dimethoxy-2-pyridyl)methyl]thio]-1H-benzimidazole

0 %

1.7.2010-31.12.2014

ex 2933 39 99

(-)-trans-4-(4’-Fluorophenyl)-3-hydroxymethyl-N-methylpiperidine

0 %

1.7.2010-31.12.2014

ex 2933 39 99

Flonicamid (ISO)

0 %

1.7.2010-31.12.2014

ex 2933 59 95

1-[3-(Hydroxymethyl)pyridin-2-yl]-4-methyl-2-phenylpiperazine

0 %

1.7.2010-31.12.2014

ex 2933 59 95

2-(2-Piperazin-1-ylethoxy)ethanol

0 %

1.7.2010-31.12.2014

ex 2933 59 95

Thiopental (INNM)

0 %

1.7.2010-31.12.2014

ex 2933 59 95

1-Chloromethyl-4-fluoro-1,4-diazoniabicyclo[2.2.2]octane bis(tetrafluoroborate)

0 %

1.7.2010-31.12.2014

ex 2933 59 95

(2R,3S/2S,3R)-3-(6-Chloro-5-fluoro pyrimidin-4-yl)-2-(2,4-difluorophenyl)-1-(1H-1,2,4-triazol-1-yl)butan-2-ol hydrochloride

0 %

1.7.2010-31.12.2014

ex 2933 79 00

3,3-Pentamethylene-4-butyrolactam

0 %

1.7.2010-31.12.2014

ex 2933 99 80

5-[4’-(Bromomethyl)biphenyl-2-yl]-2-trityl-2H-tetrazole

0 %

1.7.2010-31.12.2014

ex 2933 99 80

8-Chloro-5,10-dihydro-11H-dibenzo [b,e] [1,4]diazepin-11-one

0 %

1.7.2010-31.12.2014

ex 2934 10 00

Fosthiazate (ISO)

0 %

1.7.2010-31.12.2014

ex 2934 99 90

Thiophene

0 %

1.7.2010-31.12.2014

ex 2934 99 90

Dibenzo[b,f][1,4]thiazepin-11(10H)-one

0 %

1.7.2010-31.12.2014

ex 2935 00 90

[[4-[2-[[(3-Ethyl-2,5-dihydro-4-methyl-2-oxo-1H-pyrrol-1-yl)carbonyl]amino] ethyl]phenyl]sulfonyl]-carbamic acid ethyl ester

0 %

1.7.2010-31.12.2014

ex 3701 30 00

Photosensitive plate consisting of a photopolymer layer on a polyester foil of a total thickness of more than 0,43 mm but not more than 3,18 mm

0 %

1.7.2010-31.12.2014

(1)ex 3707 10 00

Sensitising emulsion or preparation, comprising of acrylate and/or methacrylate polymers, containing by weight not more than 7 % photosensitive acid precursors dissolved in an organic solvent containing at least 2-methoxy-1-methylethyl acetate

0 %

1.7.2010-31.12.2011

ex 3707 90 90

ex 3707 10 00

Rolls of polyethylene terephthalate film:

—	covered on one side with a dry layer of acrylic photopolymer resin,

—	coated with a polyethylene protection foil

0 %

1.7.2010-31.12.2014

ex 3707 90 90

Anti reflection coating, in the form of an aqueous solution, containing by weight not more than:

—	2 % of halogen-free alkyl sulphonic acid, and

—	5 % of a fluorinated polymer

0 %

1.7.2010-31.12.2014

(1)ex 3808 92 90

Preparation consisting of a suspension of pyrithione zinc (INN) in water, containing by weight:

—	24 % or more but not more than 26 % of pyrithione zinc (INN), or

—	39 % or more but not more than 41 % of pyrithione zinc (INN)

0 %

1.7.2010-31.12.2013

ex 3808 92 90

Preparations based on copper pyrithione

0 %

1.7.2010-31.12.2014

ex 3808 93 23

Herbicide containing flazasulfuron (ISO) as an active ingredient

0 %

1.7.2010-31.12.2014

ex 3808 93 90

Preparation, in the form of granules, containing by weight:

—	38,8 % or more but not more than 41,2 % of Gibberellin A3, or

—	9,5 % or more but not more than 10,5 % of Gibberellin A4 and A7

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Mixture of methylmethacrylate monomer and butylacrylate monomer in a solution of xylene and butylacetate, containing by weight more than 54 % but not more than 56 % of solvents

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Paraffin with a level of chlorination of 70 % or more

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Mixture of divinylbenzene-isomers and ethylvinylbenzene-isomers, containing by weight 56 % or more but not more than 80 % of divinylbenzene

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Mixture of phytosterols, not in powder form, containing by weight:

—	40 % or more, but not more than 58 % of beta-sitosterols

—	20 % or more, but not more than 28 % of campesterols

—	14 % or more, but not more than 23 % of stigmasterols

—	0 % or more, but not more than 15 % of other sterols

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Mixture of 2-propenoic acid, (1-methylethylidene)bis(4,1-phenyleneoxy-2,1-ethanediyloxy-2,1-ethanediyl)ester with 2-propenoic acid, (2,4,6-trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl)tri-2,1-ethanediyl ester and 1-hydroxy-cyclohexyl-phenyl ketone in the solution of methyl ethyl ketone and toluene

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Mixture of urethane acrylates, tripropylene glycoldiacrylate, ethoxylated bisphenol A acrylate and poly(ethyleneglycol) 400 diacrylate

0 %

1.7.2010-31.12.2014

(1)ex 3824 90 97

Mixture of phytosterols, not in the form of powder, containing by weight:

—	75 % or more of sterols,

—	not more than 25 % of stanols,

for use in the manufacture of stanols/sterols or stanol/sterol esters

(1)

0 %

1.7.2010-31.12.2012

ex 3824 90 97

Mixture of primary tert-alkylamines

0 %

1.7.2010-31.12.2014

ex 3824 90 97

Oligomeric reaction product, consisting of bis(4-hydroxyphenyl) sulfone and 1,1’-oxybis(2-chloroethane)

0 %

1.7.2010-31.12.2014

(1)ex 3901 10 90

Polyethylene, in the form of granules, of a specific gravity of 0,925 (± 0,0015), a melt flow index of 0,3 g/10 min (± 0,05 g/10 min), for the manufacture of blown films of a haze value not more than 6 % and an elongation at break (MD/TD) of 210/340(1)

0 %

1.7.2010-31.12.2013

ex 3902 90 90

Non-hydrogenated 100 % aliphatic resin (polymer), with the following characteristics:

—	liquid at room temperature

—	obtained by cationic polymerisation of C-5 alkenes monomers

—	with a number average molecular weight (Mn) of 370 (± 50)

—	with a weight average molecular weight (Mw) of 500 (± 100)

0 %

1.7.2010-31.12.2014

(1)ex 3906 90 90

White powder of 1,2-ethanediol dimethacrylate-methyl methacrylate copolymer of a particle size of not more than 18 μm, insoluble in water

0 %

1.7.2010-31.12.2013

ex 3907 91 90

Diallyl phthalate prepolymer, in powder form

0 %

1.7.2010-31.12.2014

ex 3907 99 90

Copolymer of poly(ethylene terephthalate) and cyclohexane dimethanol, containing more than 10 % by weight of cyclohexane dimethanol

0 %

1.7.2010-31.12.2014

ex 3910 00 00

Polydimethylsiloxane, whether or not polyethylene glycol and trifluoropropyl substituted, with methacrylate end groups

0 %

1.7.2010-31.12.2014

ex 3916 20 00

Profiles of poly(vinyl chloride) of a kind used in the manufacture of sheet pilings and facings, containing the following additives:

—	titanium dioxide

—	poly(methyl methacrylate)

—	calcium carbonate

—	binding agents

0 %

1.7.2010-31.12.2014

ex 3919 10 80

Reflecting film, consisting of several layers including:

—	poly(vinyl chloride);

—	polyurethane with, on one side, imprints against counterfeiting, alteration or substitution of data or duplication, and on the other side, a layer of glass microspheres;

—	a layer incorporating a security and/or official mark which changes appearance with angle of view;

—	metallized aluminium;

—	and adhesive, covered on one side with a release liner

0 %

1.7.2010-31.12.2014

ex 3919 10 80

Polyester film:

0 %

1.7.2010-31.12.2014

ex 3919 90 00

—	coated on one side with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner, and

—	on the other side not coated or coated with an acrylic pressure sensitive adhesive or with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner

ex 3919 10 80

Polytetrafluoroethylene film:

—	with a thickness of 110 μm or more,

—	with a surface resistance of between 102-1014 ohms as determined by test method ASTM D 257,

—	coated on one side with an acrylic pressure sensitive adhesive

0 %

1.7.2010-31.12.2014

ex 3919 10 80

Polytetrafluoroethylene film:

—	with a thickness of 100 μm or more,

—	an elongation at break of not more than 100 %,

—	coated on one side with a pressure sensitive silicon adhesive

0 %

1.7.2010-31.12.2014

(1)ex 3919 10 80

Black poly(vinyl chloride) film:

0 %

1.7.2010-31.12.2011

(1)ex 3919 90 00

—	with a gloss of more than 30 degrees according to ASTM D2457,

—	whether or not covered on one side with a protective poly(ethylene terephthalate) film, and on the other side with a pressure sensitive adhesive with channels and a release liner

(1)ex 3919 90 00

Transparent poly(ethylene terephthalate) self-adhesive film:

—	free from impurities or faults,

—	coated on one side with an acrylic pressure sensitive adhesive and a protective liner, and on the other side with an antistatic layer of ionic organic choline compound,

—	whether or not with a printable dust-proof layer of modified long chain alkyl organic compound,

—	with a total thickness without the liner of 54 μm or more but not more than 64 μm, and

—	a width of more than 1 295 mm but not more than 1 305 mm

0 %

1.7.2010-31.12.2013

ex 3919 90 00

Black polypropylene film:

—	with a gloss of more than 20 degrees as determined by test method ASTM D2457,

—	whether or not covered on one side with a protective polyethylene terephthalate film and on the other side with a pressure sensitive adhesive with channels and a release liner

0 %

1.7.2010-31.12.2014

ex 3919 90 00

Reflecting laminated sheet:

—	consisting of an epoxy acrylate layer embossed on one side in a regular shaped pattern,

—	covered on both sides with one or more layers of plastic material and

—	covered on one side with an adhesive layer and a release sheet

0 %

1.7.2010-31.12.2014

ex 3919 90 00

Ethylene vinyl acetate film:

—	of a thickness of 100 μm or more,

—	coated on one side with an acrylic pressure sensitive or UV-sensitive adhesive and a polyester liner

0 %

1.7.2010-31.12.2014

ex 3919 90 00

Poly(vinyl chloride) or polyethylene or any other polyolefine film:

—	of a thickness of 65 μm or more,

—	coated on one side with an acrylic UV-sensitive adhesive and a polyester liner

0 %

1.7.2010-31.12.2014

(1)ex 3919 90 00

UV sensitive film of poly(vinyl chloride):

—	with a thickness of 78 μm or more,

—	covered on one side with an adhesive layer and with a release sheet,

—	with an adhesive strength of 1 764 mN/25 mm or more

0 %

1.7.2010-31.12.2014

ex 3920 59 90

Reflecting laminated sheet, consisting of an epoxy acrylate layer embossed on one side in a regular shaped pattern, covered on both sides with one or more layers of plastic material

0 %

1.7.2010-31.12.2014

ex 3920 62 19

Film of poly(ethylene terephthalate) of a thickness of 186 μm or more but not more than 191 μm coated on one side with an acrylic layer in a matrix pattern

0 %

1.7.2010-31.12.2014

ex 3920 62 19

(1)ex 3920 62 19

Transparent polyethylene terephthalate film:

0 %

1.7.2010-31.12.2013

(1)ex 3920 62 19

—	coated on both sides with layers of organic substances on the basis of acryl of a thickness of 7 nm or more but not more than 80 nm,

—	with a surface tension of 36 Dyne/cm or more but not more than 39 Dyne/cm,

—	with a light transmission of more than 93 %,

—	with a haze value of not more than 1,3 %,

—	with a total thickness of 10 μm or more but not more than 350 μm,

—	with a width of 800 mm or more but not more than 1 600 mm

ex 3920 91 00

Poly(vinyl butyral) film containing by weight 25 % or more but not more than 28 % of tri-isobutyl phosphate as a plasticizer

0 %

1.7.2010-31.12.2014

ex 3920 91 00

Poly(vinyl butyral) film:

—	containing by weight 26 % or more but not more than 30 % of triethyleneglycol bis(2-ethyl hexanoate) as a plasticizer,

—	with a thickness of 0,73 mm or more but not more than 1,50 mm

0 %

1.7.2010-31.12.2014

ex 3921 90 55

Prepreg sheets or rolls containing polyimide resin

0 %

1.7.2010-31.12.2014

ex 7019 40 00

ex 3921 90 55

Prepreg sheets or rolls containing brominated epoxy resin reinforced with glass fabric, having

—	a flow of not more than 3,6 mm (as determined by IPC-TM 650.2.3.17.2), and

—	a glass transition temperature (Tg) of more than 170 °C (as determined by IPC-TM 650.2.4.25)

for use in the manufacture of printed circuit boards

(1)

0 %

1.7.2010-31.12.2014

ex 6909 19 00

Silicon nitride (Si3N4) balls

0 %

1.7.2010-31.12.2014

ex 7019 19 10

Glass cord impregnated with rubber or plastic, obtained from K or U glass filaments, made up of:

—	9 % or more but not more than 16 % of magnesium oxide,

—	19 % or more but not more than 25 % of aluminium oxide,

—	0 % or more but not more than 2 % of boron oxide,

—	without calcium oxide,

coated with a latex comprising at least a resorcinol- formaldehyde resin and chlorosulphonated polyethylene

0 %

1.7.2010-31.12.2014

ex 7325 99 10

Anchor head of hot dipped galvanized ductile cast iron of the kind used in the production of earth anchors

0 %

1.7.2010-31.12.2014

(1)ex 7410 21 00

Film of polyimide, whether or not containing epoxide resin and/or glass fibre, covered on one side or on both sides with a copper foil

0 %

1.7.2010-31.12.2013

(1)ex 8108 20 00

Raw ingots from the fusion of titanium and titanium alloys, of a diameter of not more than 380 mm

0 %

1.7.2010-31.12.2013

ex 8414 30 81

Hermetic or semi-hermetic variable-speed electric scroll compressors, with a nominal power rating of 0.5 kW or more, but not more than 5 kW, with a displacement volume of not more than 35 cm3, of the type used in refrigeration equipment

0 %

1.7.2010-31.12.2014

ex 8418 99 10

Evaporator composed of aluminium fins and a copper coil of the kind used in refrigeration equipment

0 %

1.7.2010-31.12.2014

ex 8418 99 10

Condenser composed of two concentric copper tubes of the kind used in refrigeration equipment

0 %

1.7.2010-31.12.2014

ex 8501 31 00

Permanently excited DC-motor with

—	a multiple-phase winding,

—	an external diameter of 30 mm or more, but not more than 75 mm,

—	a rated speed of not more than 15 000 rpm,

—	an output of 45 W or more, but not more than 300 W and

—	a supply voltage of 9 V or more, but not more than 25 V

0 %

1.7.2010-31.12.2014

(1)ex 8504 40 90

Semiconductor power modules comprising:

—	power transistors,

—	integrated circuits,

—	whether or not containing diodes and with or without thermistors,

—	an operating voltage of not more than 600 V,

—	not more than three electrical outputs each containing two power switches (whether MOSFET (Metal Oxide Semiconductor Field-Effect Transistor) or IGBT (Insulated Gate Bi-polar Transistors)) and internal drives, and

—	a rms (root mean square) current rating of not more than 15.7 A

0 %

1.7.2010-31.12.2013

ex 8516 90 00

Ventilation sub-assembly of an electric deep-fat fryer

—	fitted with a motor having a power rating of 8 W at 4 600 revolutions per minute,

—	governed by an electronic circuit,

—	operating at ambient temperatures above 110 °C,

—	fitted with a thermoregulator

0 %

1.7.2010-31.12.2014

ex 8521 90 00

Digital video recorder:

—	without a hard disk drive,

—	with or without a DVD-RW,

—	with motion detection,

—	with a USB serial port,

for use in the manufacture of Closed-circuit television (CCTV) surveillance systems

(1)

0 %

1.7.2010-31.12.2014

ex 8522 90 49

Printed circuit board assembly comprising:

0 %

1.7.2010-31.12.2014

ex 8527 99 00

—	a radio tuner (capable of receiving and decoding radio signals and transmitting those signals within the assembly) without signal processing capabilities,

ex 8529 90 65

—	a microprocessor capable of receiving remote control messages and controlling the tuner chipset,

for use in the manufacture of home entertainment systems

(1)

ex 8522 90 49

Printed circuit board subassembly, comprising:

0 %

1.7.2010-31.12.2014

ex 8527 99 00

—	a radio tuner, capable of receiving and decoding radio signals and transmitting those signals within the assembly, with a signal decoder,

ex 8529 90 65

—	a radio frequency (RF) remote control receiver,

—	an infrared remote control signal transmitter,

—	a SCART signal generator

—	a TV state sensor

for use in the manufacture of home entertainment systems

(1)

ex 8525 80 19

Long wavelength infrared camera (LWIR camera) (according to ISO/TS 16949), with:

—	a sensitivity in the wavelength area of 8 μm or more, but not more than 14 μm,

—	a resolution of 324 × 256 pixels,

—	a weight of not more than 400 g,

—	measurements of not more than 70 mm × 67 mm × 75 mm,

—	a waterproof housing and an automotive- qualified plug and

—	a deviation of the output signal over the entire work temperature range of not more than 20 %

0 %

1.7.2010-31.12.2014

ex 8525 80 19

Image scanning cameras, using:

—	a ‘Dynamic overlay lines’ system

—	an output NTSC video signal

—	a voltage of 6,5 V

—	an illuminance of 0,5 lux or more

0 %

1.7.2010-31.12.2014

(1)ex 8704 23 91

Motor chassis with a self-ignition capacity of at least 8 000 cm3, fitted with a cabin on either 3, 4 or 5 wheels having a wheelbase of at least 480 cm, not containing working machinery, to be built into special purpose motor vehicles with a width of at least 300 cm

(1)

0 %

1.7.2010-31.12.2012

(1) Modified CN or TARIC code or product description.

ANNEX II

Products referred to in Article 1(2)

CN code	TARIC
ex 1518 00 99	10
(1)ex 3707 10 00	35
(1)ex 3808 92 90	30
(1)ex 3824 90 97	44
(1)ex 3901 10 90	20
(1)ex 3906 90 90	35
ex 3907 20 20	91
(1)ex 3919 10 80	40
(1)ex 3919 90 00	19
(1)ex 3919 90 00	37
(1)ex 3919 90 00	43
(1)ex 3920 62 19	75
(1)ex 3920 62 19	77
ex 7410 11 00	10
(1)ex 7410 21 00	30
ex 7410 21 00	60
(1)ex 8108 20 00	20
(1)ex 8504 40 90	40
(1)ex 8704 23 91	20
ex 9031 90 85	30

(1) Suspension relating to a product in the Annex to Regulation (EC) No 1255/96 for which the CN or TARIC code or the product description is modified by this Regulation.

30.6.2010

Official Journal of the European Union

L 163/15

COUNCIL REGULATION (EU) No 567/2010

of 29 June 2010

amending Regulation (EC) No 329/2007 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 Articles 215(1) thereof,

Having regard to Common Position 2006/795/CFSP of 20 November 2006 concerning restrictive measures against the Democratic People’s Republic of Korea (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,

Whereas:

(1)

In line with Common Position 2006/795/CFSP, Regulation (EC) No 329/2007 (2) in particular restricts the supply, sale, transfer or export to the Democratic People’s Republic of Korea (hereinafter referred to as ‘North Korea’) of certain items, materials, equipment, goods and technology, that could contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missiles-related programmes, in addition to those determined by the UN Security Council or the Sanctions Committee.

(2)	These items are listed in Annex Ia to Regulation (EC) No 329/2007 and need to be revised in order to maintain their effectiveness.

(3)	Regulation (EC) No 329/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 329/2007 is hereby amended as follows:

Annex Ia to Regulation (EC) No 329/2007 is replaced with the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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 Luxembourg, 29 June 2010.

For the Council

The President

E. ESPINOSA

(1) OJ L 322, 22.11.2006, p. 32.

(2) OJ L 88, 29.3.2007, p. 1.

ANNEX

‘ANNEX Ia

Goods and technology referred to in articles 2 and 3

Other items, materials, equipment, goods and technology which could contribute to North Korea's nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes

1.	Unless otherwise stated, reference numbers used in the column entitled “Description” refer to the descriptions of dual use items and technology set out in Annex I to Regulation (EC) No 428/2009 (1).

2.	A reference number in the column entitled “Related item from Annex I to Regulation (EC) No 428/2009” means that the characteristics of the item described in the column “Description” lie outside the parameters set out in the description of the dual use entry referred to.

3.	Definitions of terms between “single quotation marks” are given in a technical note to the relevant item.

4.	Definitions of terms between “double quotation marks” can be found in Annex I to Regulation (EC) No 428/2009.

GENERAL NOTES

The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

N.B.: In judging whether the prohibited component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the prohibited component or components as the principal element of the goods being procured.

2.	Goods specified in this Annex include both new and used goods.

GENERAL TECHNOLOGY NOTE (GTN)

(To be read in conjunction with Part C.)

1.	The sale, supply, transfer or export of “technology” which is “required” for the “development”, “production” or “use” of goods the sale, supply, transfer or export of which is prohibited in Part A (Goods) below, is prohibited in accordance with the provisions of Part B.

2.	The “technology”“required” for the “development”, “production” or “use” of prohibited goods remains under prohibition even when applicable to non-prohibited goods.

3.	Prohibitions do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited.

4.	Prohibitions on “technology” transfer do not apply to information “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications.

A. GOODS

NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT

I.A0. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A0.001

Hollow cathode lamps as follows:

a.	Iodine hollow cathode lamps with windows in pure silicon or quartz;

b.	Uranium hollow cathode lamps.

I.A0.002

Faraday isolators in the wavelength range 500 nm – 650 nm.

I.A0.003

Optical gratings in the wavelength range 500 nm – 650 nm.

I.A0.004

Optical fibres in the wavelength range 500 nm – 650 nm coated with anti-reflecting layers in the wavelength range

500 nm – 650 nm and having a core diameter greater than 0,4 mm but not exceeding 2 mm.

I.A0.005

Nuclear reactor vessel components and testing equipment, other than those specified in 0A001, as follows:

Seals;

b.	Internal components;

c.	Sealing, testing and measurement equipment.

0A001

I.A0.006

Nuclear detection systems, other than those specified in 0A001.j. or 1A004.c., for detection, identification or quantification of radioactive materials or radiation of nuclear origin and specially designed components thereof.

N.B: For personal equipment refer to I.A1.004 below.

0A001.j.

1A004.c.

I.A0.007

Bellows-sealed valves other than those specified in 0B001.c.6., 2A226 or 2B350, made of aluminium alloy or stainless steel type 304, 304L or 316L.

0B001.c.6.

2A226

2B350

I.A0.008

Laser mirrors, other than those specified in 6A005.e., consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica or sapphire).

Note:

This item does not cover optical systems specially designed for astronomical applications, except if the mirrors contain fused silica.

0B001.g.5.

6A005.e.

I.A0.009

Laser lenses, other than those specified in 6A005.e.2, consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica).

0B001.g.

6A005.e.2.

I.A0.010

Pipes, piping, flanges, fittings made of, or lined with nickel, or nickel alloy containing more than 40 % nickel by weight, other than those specified in 2B350.h.1.

2B350

I.A0.011

Vacuum pumps other than those specified in 0B002.f.2. or 2B231, as follows:

a.	Turbo-molecular pumps having a flow-rate equal to or greater than 400 l/s;

b.	Roots type vacuum roughing pumps having a volumetric aspiration flow-rate greater than 200 m3/h;

c.	Bellows-sealed, scroll, dry compressor, and bellows-sealed, scroll, dry vacuum pumps.

0B002.f.2.

2B231

I.A0.012

Shielded enclosures for the manipulation, storage and handling of radioactive substances (hot cells).

0B006

I.A0.013

“Natural uranium” or “depleted uranium” or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing, other than those specified in 0C001.

0C001

I.A0.014

Detonation chambers having a capacity of explosion absorption of more than 2,5 kg TNT equivalent.

SPECIAL MATERIALS AND RELATED EQUIPMENT

I.A1. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A1.001

Bis(2-ethylhexyl) phosphoric acid (HDEHP or D2HPA) Chemical Abstract Number (CAS): [CAS 298-07-7] solvent in any quantity, with a purity greater than 90 %.

I.A1.002

Fluorine gas CAS: [7782-41-4], with a purity of at least 95 %.

I.A1.003

Ring-shaped seals and gaskets, having an inner diameter of 400 mm or less, made of any of the following materials:

a.	Copolymers of vinylidene fluoride having 75 % or more beta crystalline structure without stretching;

b.	Fluorinated polyimides containing 10 % by weight or more of combined fluorine;

c.	Fluorinated phosphazene elastomers containing 30 % by weight or more of combined fluorine;

d.	Polychlorotrifluoroethylene (PCTFE, e.g. Kel-F ®);

e.	Fluoro-elastomers (e.g. Viton ®, Tecnoflon ®);

f.	Polytetrafluoroethylene (PTFE).

1A001

I.A1.004

Personal equipment for detecting radiation of nuclear origin, other than that specified in 1A004.c., including personal dosimeters.

1A004.c.

I.A1.005

Electrolytic cells for fluorine production, other than those specified in 1B225, with an output capacity greater than 100 g of fluorine per hour.

1B225

I.A1.006

Catalysts, other than those specified in 1A225 or 1B231, containing platinum, palladium or rhodium, usable for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water.

1A225

1B231

I.A1.007

Aluminium and its alloys, other than those specified in 1C002.b.4. or 1C202.a., in crude or semi-fabricated form having either of the following characteristics:

a.	“Capable of” an ultimate tensile strength of 460 MPa or more at 293 K (20 °C); or

b.	Having a tensile strength of 415 MPa or more at 298 K (25 °C).

Technical note:

The phrase alloys “capable of” encompasses alloys before or after heat treatment.

1C002.b.4.

1C202.a.

I.A1.008

Magnetic metals, of all types and of whatever form, other than those specified in 1C003.a. having an “initial relative permeability” of 120 000 or more and a thickness between 0,05 mm and 0,1 mm.

Technical note:

Measurement of “initial relative permeability” must be performed on fully annealed materials.

1C003.a.

I.A1.009

“Fibrous or filamentary materials” or prepregs, other than those specified in 1C010.a., 1C010.b., 1C210.a. or 1C210.b., as follows:

Aramid “fibrous or filamentary materials” having either of the following characteristics:

1.A	“specific modulus” exceeding 10 × 106 m; or

2.A	“specific tensile strength” exceeding 17 × 104 m;

Glass “fibrous or filamentary materials” having either of the following characteristics:

1.A	“specific modulus” exceeding 3,18 × 106 m; or

2.A	“specific tensile strength” exceeding 76,2 × 103 m;

c.	Thermoset resin-impregnated continuous “yarns”, “rovings”, “tows” or “tapes” with a width of 15 mm or less (once prepregs), made from glass “fibrous or filamentary materials” other than those specified in I.A1.010.a. below;

d.	Carbon “fibrous or filamentary materials”;

e.	Thermoset resin-impregnated continuous “yarns”, “rovings”, “tows”, or “tapes”, made from carbon “fibrous or filamentary materials”;

f.	Polyacrylonitrile (PAN) continuous “yarns”, “rovings”, “tows” or “tapes”;

g.	Para-aramid “fibrous or filamentary materials” (Kevlar® and other Kevlar®-like fibres).

1C010.a.

1C010.b.

1C210.a.

1C210.b.

I.A1.010

Resin-impregnated or pitch-impregnated fibres (prepregs), metal or carbon-coated fibres (preforms) or “carbon fibre preforms”, as follows:

a.	Made from “fibrous or filamentary materials” specified in I.A1.009 above;

b.	Epoxy resin “matrix” impregnated carbon “fibrous or filamentary materials” (prepregs), specified in 1C010.a., 1C010.b. or 1C010.c., for the repair of aircraft structures or laminates, of which the size of individual sheets does not exceed 50 cm × 90 cm;

c.	Prepregs specified in 1C010.a., 1C010.b. or 1C010.c., when impregnated with phenolic or epoxy resins having a glass transition temperature (Tg) less than 433 K (160 °C) and a cure temperature lower than the glass transition temperature.

1C010

1C210

I.A1.011

Reinforced silicon carbide ceramic composites usable for nose tips, re-entry vehicles, nozzle flaps, usable in “missiles”, other than those specified in 1C107.

1C107

I.A1.012

Not used.

I.A1.013

Tantalum, tantalum carbide, tungsten, tungsten carbide and alloys thereof, other than those specified in 1C226, having both of the following characteristics:

a.	In forms having a hollow cylindrical or spherical symmetry (including cylinder segments) with an inside diameter between 50 mm and 300 mm; and

b.	A mass greater than 5 kg.

1C226

I.A1.014

“Elemental powders” of cobalt, neodymium or samarium or alloys or mixtures thereof containing at least 20 % by weight of cobalt, neodymium or samarium, with a particle size less than 200 μm.

Technical note:

“Elemental powder” means a high purity powder of one element.

I.A1.015

Pure tributyl phosphate (TBP) [CAS No 126-73-8] or any mixture having a TBP content of more than 5 % by weight.

I.A1.016

Maraging steel, other than those specified by 1C116 or 1C216.

1.	The phrase maraging steel “capable of” encompasses maraging steel before or after heat treatment.

2.	Maraging steels are iron alloys generally characterised by high nickel, very low carbon content and the use of substitutional elements or precipitates to produce strengthening and age-hardening of the alloy.

1C116

1C216

I.A1.017

Metals, metal powders and material as follows:

a.	Tungsten and tungsten alloys, other than those specified in 1C117, in the form of uniform spherical or atomized particles of 500 μm (micrometre) diameter or less with a tungsten content of 97 % by weight or more;

b.	Molybdenum and molybdenum alloys, other than those specified in 1C117, in the form of uniform spherical or atomized particles of 500 μm diameter or less with a molybdenum content of 97 % by weight or more;

Tungsten materials in the solid form, other than those specified in 1C226 having material compositions as follows:

1.	Tungsten and alloys containing 97 % by weight or more of tungsten;

2.	Copper infiltrated tungsten containing 80 % by weight or more of tungsten; or

3.	Silver infiltrated tungsten containing 80 % by weight or more of tungsten.

1C117

1C226

I.A1.018

Soft magnetic alloys, other than those specified in 1C003, having a chemical composition as follows:

a.	Iron content between 30 % and 60 %; and

b.	Cobalt content between 40 % and 60 %.

1C003

I.A1.019

Not used.

I.A1.020

Graphite, other than that specified in 0C004 or 1C107.a., designed or specified for use in Electrical Discharge Machining (EDM) machines.

0C004

1C107.a.

MATERIALS PROCESSING

I.A2. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A2.001

Vibration test systems, equipment and components thereof, other than those specified in 2B116:

a.	Vibration test systems employing feedback or closed loop techniques and incorporating a digital controller, capable of vibrating a system at an acceleration equal to or greater than 0,1 g rms between 0,1 Hz and 2 kHz and imparting forces equal to or greater than 50 kN, measured “bare table”;

Digital controllers, combined with specially designed vibration test “software”, with a “real-time control bandwidth” greater than 5 kHz designed for use with vibration test systems specified in a.;

Technical note:

“Real-time control bandwidth” is defined as the maximum rate at which a controller can execute complete cycles of sampling, processing data and transmitting control signals.

c.	Vibration thrusters (shaker units), with or without associated amplifiers, capable of imparting a force equal to or greater than 50 kN, measured “bare table”, and usable in vibration test systems specified in a.;

d.	Test piece support structures and electronic units designed to combine multiple shaker units in a system capable of providing an effective combined force equal to or greater than 50 kN, measured “bare table”, and usable in vibration systems specified in a.

Technical note:

“bare table” means a flat table, or surface, with no fixture or fittings.

2B116

I.A2.002

Machine tools, other than those specified in 2B001.c. or 2B201.b., for grinding having positioning accuracies with “all compensations available” equal to or less (better) than 15 μm according to ISO 230/2 (1988) (2) or national equivalents along any linear axis.

2B001.c.

2B201.b.

I.A2.002a

Components and numerical controls, specially designed for machine tools specified in 2B001, 2B201 or I.A2.002 above.

I.A2.003

Balancing machines and related equipment as follows:

Balancing machines, designed or modified for dental or other medical equipment, having all the following characteristics:

1.	Not capable of balancing rotors/assemblies having a mass greater than 3 kg;

2.	Capable of balancing rotors/assemblies at speeds greater than 12 500 rpm;

3.	Capable of correcting unbalance in two planes or more; and

4.	Capable of balancing to a residual specific unbalance of 0,2 g × mm per kg of rotor mass;

b.	“Indicator heads” designed or modified for use with machines specified in a. above.

Technical note:

“Indicator heads” are sometimes known as balancing instrumentation.

2B119

I.A2.004

Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, other than those specified in 2B225, having either of the following characteristics:

a.	A capability of penetrating a hot cell wall of 0,3 m or more (through the wall operation); or

b.	A capability of bridging over the top of a hot cell wall with a thickness of 0,3 m or more (over the wall operation).

Technical note:

Remote manipulators provide translation of human operator actions to a remote operating arm and terminal fixture. They may be of master/slave type or operated by joystick or keypad.

2B225

I.A2.005

Controlled atmosphere heat treatment furnaces or oxidation furnaces capable of operation at temperatures above 400 °C.

Note:

This item does not cover tunnel kilns with roller or car conveyance, tunnel kilns with conveyor belt, pusher type kilns or shuttle kilns, specially designed for the production of glass, tableware ceramics or structural ceramics.

2B226

2B227

I.A2.006

Not used.

I.A2.007

“Pressure transducers”, other than those defined in 2B230, capable of measuring absolute pressures at any point in the range 0 to 200 kPa and having both of the following characteristics:

a.	Pressure sensing elements made of or protected by “Materials resistant to corrosion by uranium hexafluoride (UF6)”; and

Having either of the following characteristics:

1.	A full scale of less than 200 kPa and an “accuracy” of better than ± 1 % of full scale; or

2.	A full scale of 200 kPa or greater and an “accuracy” of better than 2 kPa.

Technical note:

For the purposes of 2B230 “accuracy” includes non-linearity, hysteresis and repeatability at ambient temperature.

2B230

I.A2.008

Liquid-liquid contacting equipment (mixer-settlers, pulsed columns, plate columns, centrifugal contactors); and liquid distributors, vapour distributors or liquid collectors designed for such equipment, where all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:

a.	Alloys with more than 25 % nickel and 20 % chromium by weight;

b.	Fluoropolymers;

c.	Glass (including vitrified or enamelled coating or glass lining);

d.	Graphite or “carbon graphite”;

e.	Nickel or alloys with more than 40 % nickel by weight;

f.	Tantalum or tantalum alloys;

g.	Titanium or titanium alloys;

h.	Zirconium or zirconium alloys; or

i.	Stainless steel.

Technical note:

“Carbon graphite” is a composition consisting of amorphous carbon and graphite, in which the graphite content is 8 % or more by weight.

2B350.e.

I.A2.009

Industrial equipment and components, other than those specified in 2B350.d., as follows:

Heat exchangers or condensers with a heat transfer surface area greater than 0,05 m2, and less than 30 m2; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the fluid(s) are made from any of the following materials:

a.	Alloys with more than 25 % nickel and 20 % chromium by weight;

b.	Fluoropolymers;

c.	Glass (including vitrified or enamelled coating or glass lining);

d.	Graphite or “carbon graphite”;

e.	Nickel or alloys with more than 40 % nickel by weight;

f.	Tantalum or tantalum alloys;

g.	Titanium or titanium alloys;

h.	Zirconium or zirconium alloys;

i.	Silicon carbide;

j.	Titanium carbide; or

k.	Stainless steel.

Note:

This item does not cover vehicle radiators.

Technical note:

The materials used for gaskets and seals and other implementation of sealing functions do not determine the status of control of the heat exchanger.

2B350.d.

I.A2.010

Multiple-seal, and seal-less pumps, other than those specified in 2B350.i, suitable for corrosive fluids, or vacuum pumps and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:

a.	Alloys with more than 25 % nickel and 20 % chromium by weight;

Ceramics;

c.	Ferrosilicon;

d.	Fluoropolymers;

e.	Glass (including vitrified or enamelled coatings or glass lining);

f.	Graphite or “carbon graphite”;

g.	Nickel or alloys with more than 40 % nickel by weight;

h.	Tantalum or tantalum alloys;

i.	Titanium or titanium alloys;

j.	Zirconium or zirconium alloys;

k.	Niobium (columbium) or niobium alloys;

l.	Stainless steel;

m.	Aluminium alloys; or

Rubber.

The materials used for gaskets and seals and other implementations of sealing functions do not determine the status of control of the pump.

The term “rubber” encompasses all kinds of natural and synthetic rubbers.

2B350.i.

I.A2.011

“Centrifugal separators”, other than those specified in 2B352.c., capable of continuous separation without the propagation of aerosols and manufactured from:

a.	Alloys with more than 25 % nickel and 20 % chromium by weight;

b.	Fluoropolymers;

c.	Glass (including vitrified or enamelled coating or glass lining);

d.	Nickel or alloys with more than 40 % nickel by weight;

e.	Tantalum or tantalum alloys;

f.	Titanium or titanium alloys; or

g.	Zirconium or zirconium alloys.

Technical note:

“Centrifugal separators” include decanters.

2B352.c.

I.A2.012

Sintered metal filters, other than those specified in 2B352.d., made of nickel or nickel alloy with more than 40 % nickel by weight.

2B352.d.

I.A2.013

Spin-forming machines and flow-forming machines, other than those specified by 2B009, 2B109 or 2B209 and specially designed components therefor.

Technical note:

For the purpose of this item, machines combining the functions of spin-forming and flow-forming are regarded as flow-forming machines.

2B009

2B109

2B209

I.A2.014

Equipment and reagents, other than those specified in 2B350 or 2B352, as follows:

a.	Fermenters capable of cultivation of pathogenic “micro-organisms” or viruses, or capable of toxin production, without the propagation of aerosols, and having a total capacity of 10 l or more;

b.	Agitators for fermenters as mentioned in a.above; Technical Note: Fermenters include bioreactors, chemostats and continuous-flow systems.

Laboratory equipment as follows:

1.	Polymerase chain reaction (PCR)-equipment

2.	Genetic sequencing equipment;

3.	Genetic synthesizers;

4.	Electroporation equipment;

5.	Specific reagents associated with the equipment in I.A2.014.c. numbers 1. to 4. above;

d.	Filters, micro-filters, nano-filters or ultra-filters usable in industrial or laboratory biology for continuous filtering, except filters specially designed or modified for medical or clear water production purposes and to be used in the framework of EU or UN officially supported projects;

e.	Ultracentrifuges, rotors and adaptors for ultracentrifuges;

f.	Freeze drying equipment.

2B350

2B352

I.A2.015

Equipment, other than that specified in 2B005, 2B105 or 3B001.d., for the deposition of metallic overlays as follows, and specially designed components and accessories therefor:

a.	Chemical vapour deposition (CVD) production equipment;

b.	Physical vapour deposition (PVD) production equipment;

c.	Production equipment for deposition by means of inductive or resistance heating.

2B005

2B105

3B001.d.

I.A2.016

Open tanks or containers, with or without agitators, with a total internal (geometric) volume greater than 0.5 m3 (500 litres), where all surfaces that come in direct contact with the chemical(s) being processed or contained are made from any of the following materials:

a.	Alloys with more than 25 % nickel and 20 % chromium by weight;

b.	Fluoropolymers;

c.	Glass (including vitrified or enamelled coatings or glass lining);

d.	Nickel or alloys with more than 40 % nickel by weight;

e.	Tantalum or tantalum alloys;

f.	Titanium or titanium alloys;

g.	Zirconium or zirconium alloys;

h.	Niobium (columbium) or niobium alloys;

i.	Stainless steel;

Wood; or

Rubber.

Technical note:

The term “rubber” encompasses all kinds of natural and synthetic rubbers.

2B350

ELECTRONICS

I.A3. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A3.001

High voltage direct current power supplies, other than those specified in 0B001.j.5. or 3A227, having both of the following characteristics:

a.	Capable of continuously producing, over a time period of eight hours, 10 kV or more, with output power of 5 kW or more with or without sweeping; and

b.	Current or voltage stability better than 0,1 % over a time period of four hours.

0B001.j.5.

3A227

I.A3.002

Mass spectrometers, other than those specified in 0B002.g. or 3A233, capable of measuring ions of 200 atomic mass units or more and having a resolution of better than 2 parts in 200, as follows, and ion sources therefor:

a.	Inductively coupled plasma mass spectrometers (ICP/MS);

b.	Glow discharge mass spectrometers (GDMS);

c.	Thermal ionisation mass spectrometers (TIMS);

d.	Electron bombardment mass spectrometers which have a source chamber constructed from, lined with or plated with “materials resistant to corrosion by uranium hexafluoride UF6”;

Molecular beam mass spectrometers having either of the following characteristics:

1.	A source chamber constructed from, lined with or plated with stainless steel or molybdenum and equipped with a cold trap capable of cooling to 193 K (– 80 °C) or less; or

2.	A source chamber constructed from, lined with or plated with materials resistant to UF6;

f.	Mass spectrometers equipped with a micro-fluorination ion source designed for actinides or actinide fluorides.

0B002.g.

3A233

I.A3.003

Frequency changers or generators, other than those specified by 0B001.b.13. or 3A225, having all of the following characteristics, and specially designed components and software therefor:

a.	Multiphase output capable of providing a power of 40 W or greater;

b.	Capable of operating in the frequency range between 600 and 2 000 Hz; and

c.	Frequency control better (less) than 0,1 %.

1.	Frequency changers are also known as converters, inverters, generators, electronic test equipment, AC power supplies, variable speed motor drives or variable frequency drives.

2.	The functionality specified in this item may be met by certain equipment marketed as: electronic test equipment, AC power supplies, variable speed motor drives or variable frequency drives.

0B001.b.13.

3A225

I.A3.004

Spectrometers and diffractometers, designed for the indicative test or quantitative analysis of the elemental composition of metals or alloys without chemical decomposition of the material.

SENSORS AND LASERS

I.A6. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A6.001

Yttrium aluminium garnet (YAG) rods.

I.A6.002

Optical equipment and components, other than those specified in 6A002 or 6A004.b. as follows:

Infrared optics in the wavelength range 9 μm– 17 μm and components thereof, including cadmium telluride (CdTe) components.

6A002

6A004.b.

I.A6.003

Wave front corrector systems, other than mirrors specified in 6A004.a., 6A005.e. or 6A005.f., for use with a laser beam having a diameter exceeding 4 mm, and specially designed components thereof, including control systems, phase front sensors and “deformable mirrors” including bimorph mirrors.

6A004.a.

6A005.e.

6A005.f.

I.A6.004

Argon ion “lasers”, other than those specified in 0B001.g.5., 6A005.a.6. and/or 6A205.a., having an average output power equal to or greater than 5 W.

0B001.g.5.

6A005.a.6.

6A205.a.

I.A6.005

Semiconductor “lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.b., and components thereof, as follows:

a.	Individual semiconductor “lasers” with an output power greater than 200 mW each, in quantities larger than 100;

b.	Semiconductor “laser” arrays having an output power greater than 20 W.

1.	Semiconductor “lasers” are commonly called “laser” diodes.

2.	This item does not cover “laser” diodes with a wavelength in the range 1,2 μm – 2,0 μm.

0B001.g.5.

0B001.h.6.

6A005.b.

I.A6.006

Tunable semiconductor “lasers” and tunable semiconductor “laser” arrays, other than those specified in 0B001.h.6. or 6A005.b., of a wavelength between 9 μm and 17 μm, as well as array stacks of semiconductor “lasers” containing at least one tunable semiconductor “laser” array of such wavelength.

Note:

Semiconductor “lasers” are commonly called “laser” diodes.

0B001.h.6.

6A005.b.

I.A6.007

Solid state “tunable”“lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.c.1., and specially designed components thereof, as follows:

a.	Titanium-sapphire lasers,

b.	Alexandrite lasers.

0B001.g.5.

0B001.h.6.

6A005.c.1.

I.A6.008

Neodymium-doped (other than glass) “lasers”, other than those specified in 6A005.c.2.b., having an output wavelength greater than 1,0 μm but not exceeding 1,1 μm and output energy exceeding 10 J per pulse.

6A005.c.2.b.

I.A6.009

Components of acousto-optics, as follows:

a.	Framing tubes and solid-state imaging devices having a recurrence frequency equal to or exceeding 1 kHz;

b.	Recurrence frequency supplies;

c.	Pockels cells.

6A203.b.4.

I.A6.010

Radiation-hardened cameras, or lenses thereof, other than those specified in 6A203.c., specially designed, or rated as radiation-hardened, to withstand a total radiation dose greater than 50 × 103 Gy (silicon) (5 × 106 rad (silicon)) without operational degradation.

Technical note:

The term Gy (silicon) refers to the energy in Joules per kilogram absorbed by an unshielded silicon sample when exposed to ionising radiation.

6A203.c.

I.A6.011

Tunable pulsed dye laser amplifiers and oscillators, other than those specified in 0B001.g.5., 6A005 and or 6A205.c., having all of the following characteristics:

a.	Operating at wavelengths between 300 nm and 800 nm;

b.	An average output power greater than 10 W but not exceeding 30 W;

c.	A repetition rate greater than 1 kHz; and

d.	Pulse width less than 100 ns.

Note:

This item does not cover single mode oscillators.

0B001.g.5.

6A005

6A205.c.

I.A6.012

Pulsed carbon dioxide “lasers”, other than those specified in, 0B001.h.6., 6A005.d. or 6A205.d., having all of the following characteristics:

a.	Operating at wavelengths between 9 μm and 11 μm;

b.	A repetition rate greater than 250 Hz;

c.	An average output power greater than 100 W but not exceeding 500 W; and

d.	Pulse width less than 200 ns.

0B001.h.6.

6A005.d.

6A205.d.

NAVIGATION AND AVIONICS

I.A7. Goods

Description

Related item from Annex I to Regulation (EC) No 428/2009

I.A7.001

Inertial navigation systems and specially designed components thereof, as follows:

Inertial navigation systems which are certified for use on “civil aircraft” by civil authorities of a State participating in the Wassenaar Arrangement, and specially designed components thereof, as follows:

Inertial navigation systems (INS) (gimballed or strapdown) and inertial equipment designed for “aircraft”, land vehicle, vessels (surface or underwater) or “spacecraft” for attitude, guidance or control, having any of the following characteristics, and specially designed components thereof:

a.	Navigation error (free inertial) subsequent to normal alignment of 0,8 nautical mile per hour (nm/hr) “Circular Error Probable” (CEP) or less (better); or

b.	Specified to function at linear acceleration levels exceeding 10 g;

Hybrid Inertial Navigation Systems embedded with Global Navigation Satellite Systems(s) (GNSS) or with “Data-Based Referenced Navigation” (“DBRN”) System(s) for attitude, guidance or control, subsequent to normal alignment, having an INS navigation position accuracy, after loss of GNSS or “DBRN” for a period of up to four minutes, of less (better) than 10 metres “Circular Error Probable” (CEP);

Inertial Equipment for Azimuth, Heading, or North Pointing having any of the following characteristics, and specially designed components thereof:

a.	Designed to have an Azimuth, Heading, or North Pointing accuracy equal to, or less (better) than 6 arc minutes RMS at 45 degrees latitude; or

b.	Designed to have a non-operating shock level of at least 900 g at a duration of at least 1 msec.

b.	Theodolite systems incorporating inertial equipment specially designed for civil surveying purposes and designed to have an Azimuth, Heading, or North Pointing accuracy equal to, or less (better) than 6 arc minutes RMS at 45 degrees latitude, and specially designed components thereof.

c.	Inertial or other equipment using accelerometers specified in 7A001 or 7A101, where such accelerometers are specially designed and developed as MWD (Measurement While Drilling) sensors for use in down-hole well services operations.v

Note:

The parameters of a.1. and a.2. are applicable with any of the following environmental conditions:

Input random vibration with an overall magnitude of 7,7 g rms in the first half hour and a total test duration of one and a half hours per axis in each of the three perpendicular axes, when the random vibration meets the following:

a.	A constant power spectral density (PSD) value of 0,04 g2/Hz over a frequency interval of 15 to 1 000 Hz; and

b.	The PSD attenuates with a frequency from 0,04 g2/Hz to 0,01 g2/Hz over a frequency interval from 1 000 to 2 000 Hz;

2.	A roll and yaw rate equal to or greater than + 2,62 radian/s (150 deg/s); or

3.	According to national standards equivalent to 1. or 2. above.

1.	a.2. refers to systems in which an INS and other independent navigation aids are built into a single unit (embedded) in order to achieve improved performance.

2.	“Circular Error Probable” (CEP) – In a circular normal distribution, the radius of the circle containing 50 percent of the individual measurements being made, or the radius of the circle within which there is a 50 percent probability of being located.

7A001

7A003

7A101

7A103

AEROSPACE AND PROPULSION

I.A9. Goods

No	Description	Related item from Annex I to Regulation (EC) No 428/2009
I.A9.001	Explosive bolts.
I.A9.002	Internal combustion engines (i.e. axial piston or rotary piston type), designed or modified for propelling “aircrafts” or “lighter-than-air-vehicles” and specially designed components therefor.
I.A9.003	Trucks, other than those specified in 9A115, having more than one motorised axle and a payload exceeding 5 tonnes. Note: This item includes flatbed trailers, semi trailers and other trailers.	9A115

B. SOFTWARE

No	Description	Related item from Annex I to Regulation (EC) No 428/2009
I.B.001	Software required for the development, production or use of the items in Part A. (Goods).

C. TECHNOLOGY

No	Description	Related item from Annex I to Regulation (EC) No 428/2009
I.C.001	Technology required for the development, production or use of the items in Part A. (Goods).’

(1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(OJ L 134, 29.5.2009, p. 1).

(2) Manufacturers calculating positioning accuracy in accordance with ISO 230/2 (1997) should consult the competent authorities of the Member State in which they are established.

30.6.2010

Official Journal of the European Union

L 163/30

COMMISSION REGULATION (EU) No 568/2010

of 29 June 2010

amending Annex III to Regulation (EC) No 767/2009 of the European Parliament and of the Council as regards the prohibition to place on the market or use for animal nutritional purposes protein products obtained from yeasts of the Candida variety cultivated on n-alkanes

(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 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1), and in particular the second subparagraph of Article 6(2) thereof,

Whereas:

(1)	Regulation (EC) No 767/2009 lays down general safety and marketing requirements for feed. In particular it contains a list of materials whose placing on the market or use for animal nutritional purposes is restricted or prohibited.

(2)

Council Directive 82/471/EEC (2) and Commission Decision 85/382/EEC of 10 July 1985 prohibiting the use in feedingstuffs of protein products obtained from Candida yeasts cultivated on n-alkanes (3) prohibit the placing on the market and the use in feed of protein products obtained from Candida yeasts cultivated on n-alkanes. The reason for this prohibition is that certain strains of yeast of the Candida variety cultivated on n-alkanes are pathogenic and, in some circumstances, may give rise to hypersensitivity reactions, thus presenting potential hazards to animal or human health.

(3)

Since there are neither new technical developments nor new evidence establishing that the use of such protein products for animal nutritional purposes is safe, the placing on the market and the use of those products should continue to be prohibited and Regulation (EC) No 767/2009 should establish that prohibition.

(4)	The list of materials whose placing on the market for animal nutritional purposes is prohibited, previously provided for in Commission Decision 2004/217/EC (4), had to be included in Chapter 1 of Annex III to Regulation (EC) No 767/2009, in order to manage feed safety risks.

(5)	Points 5 and 6 of Chapter 1 of Annex III to Regulation (EC) No 767/2009 should be aligned with Decision 2004/217/EC.

(6)	Regulation (EC) No 767/2009 should therefore be amended accordingly.

(7)	In the interests of clarity, Decision 85/382/EEC should be repealed.

(8)	The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Chapter 1 of Annex III to Regulation (EC) No 767/2009 is amended as follows:

points 5 and 6 are replaced by the following:

‘5.

All waste obtained from the various phases of the treatment of the urban, domestic and industrial waste water, as defined in Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (5), irrespective of any further processing of that waste and irrespective of the origin of the waste waters (6).

6.	Solid urban waste (7), such as household waste.

the following point 8 is added:

‘8.	Protein products obtained from yeasts of the Candida variety cultivated on n-alkanes.’

Article 2

Decision 85/382/EEC is repealed.

Article 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 September 2010.

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

Done at Brussels, 29 June 2010.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 229, 1.9.2009, p. 1.

(2) OJ L 213, 21.7.1982, p. 8.

(3) OJ L 217, 14.8.1985, p. 27.

(4) OJ L 67, 5.3.2004, p. 31.

(5) OJ L 135, 30.5.1991, p. 40.

(6) The term “waste water” does not refer to “process water”, i.e. water from independent conduits integrated in food or feed industries; where these conduits are supplied with water, no water may be used for animal nutrition unless it is wholesome and clean water as specified in Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32). In the case of fish industries, the conduits concerned may also be supplied with clean seawater as defined in Article 2 of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1). Process water may not be used for animal nutrition unless it carries feed or food material and is technically free from cleaning agents, disinfectants or other substances not authorised by the animal nutrition legislation.

(7) The term “solid urban waste” does not refer to catering waste as defined by Regulation (EC) No 1774/2002.’;

30.6.2010

Official Journal of the European Union

L 163/32

COMMISSION REGULATION (EU) No 569/2010

of 29 June 2010

derogating from Regulation (EU) No 1272/2009 as regards sales by tender of butter and skimmed milk powder provided for respectively by Regulation (EU) No 446/2010 and Regulation (EU) No 447/2010

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(f) and (j) in conjunction with Article 4 thereof,

Whereas:

(1)

In accordance with Article 4(1)(b) of Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage operations and the accounting of public storage operations by the paying agencies of the Member States (2), the EAGF finances expenditure on the physical operations referred to in Annex V of the Regulation on the basis of standard amounts, provided that the corresponding expenditure has not been set by the applicable legislation for the sector. The standard amounts were established and notified to the Member States in September 2009 for the 2010 accounting year. These standard amounts were set taking into consideration the costs of loading onto lorries or railway wagons on the basis of the rules applicable at the time.

(2)

Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3) provides for the sale of products from intervention, the rules relating to the submission of tenders and the stage of delivery of the products, together with the costs to be borne by intervention bodies and buyers. These rules apply to the dairy sector from 1 March 2010. In the case of sales by tender of butter and skimmed milk powder opened by Commission Regulation (EU) No 446/2010 (4) and Commission Regulation (EU) No 447/2010 (5) respectively, the applicable rules regarding costs are those provided for by Regulation (EU) No 1272/2009. The standard amounts set and notified to the Member States before the entry into force of the Regulations were calculated on the basis of the rules applicable before 1 March 2010. It is therefore necessary to provide for the uniform application of the rules for the whole of the accounting year 2010.

(3)	It is therefore necessary to derogate until the end of the accounting year 2010 from Regulation (EU) No 1272/2009.

(4)	This derogation must apply from the next special invitation to tender. The Regulation must enter into force on the date of its publication.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

1. By way of derogation from Article 42(1)(e) of Regulation (EU) No 1272/2009, the price in euros shall be tendered for the product, supplied on pallets at the loading bay for the place of storage or, if necessary, supplied on pallets loaded onto the means of transport, where this concerns a lorry or a railway wagon.

2. By way of derogation from Article 52(1) of Regulation (EU) No 1272/2009, the product shall be made available to operators on pallets at the loading bay for the place of storage or, if necessary, supplied on pallets loaded onto the means of transport, where this concerns a lorry or a railway wagon.

3. By way of derogation from Article 52(3) of Regulation (EU) No 1272/2009, the costs, depending on the case, for the movement of the products to the loading bay or onto the means of transport shall be borne by the paying agency and any stowage or depalettising charges shall be borne by the purchaser.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

It shall apply to special invitations to tender provided for, respectively, by Regulation (EU) No 446/2010 and by Regulation (EU) No 447/2010, for which tenders may be submitted from 6 July 2010 at 11:00 (Brussels time) until 21 September 2010 at 11:00 (Brussels time).

It shall expire on 30 September 2010.

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

Done at Brussels, 29 June 2010.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 171, 23.6.2006, p. 35.

(3) OJ L 349, 29.12.2009, p. 1.

(4) OJ L 126, 22.5.2010, p. 17.

(5) OJ L 126, 22.5.2010, p. 19.

30.6.2010

Official Journal of the European Union

L 163/34

COMMISSION REGULATION (EU) No 570/2010

of 29 June 2010

making imports of wireless wide area networking (WWAN) modems originating in the People's Republic of China subject to registration

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’) and in particular Articles 10(4) and 14(5) thereof,

After consulting the Advisory Committee,

Whereas:

(1)	The Commission has received a request, pursuant to Article 14(5) of the basic Regulation, to make imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China subject to registration.

A. PRODUCT CONCERNED

(2)

The product concerned by this registration is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers), originating in the People's Republic of China (‘the product concerned’), currently falling within CN codes ex 8471 80 00 and ex 8517 62 00.

B. REQUEST

(3)

Having received a complaint from Option NV (hereinafter ‘the applicant’), the Commission determined that there is sufficient evidence to justify initiation of a proceeding and therefore, pursuant to Article 5 of the basic Regulation, announced by a notice published in the Official Journal of the European Union (the ‘Notice of Initiation’) the initiation of an anti-dumping proceeding concerning imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China.

(4)	Concerning standing to lodge a complaint, the applicant is the sole producer of the product concerned in the European Union, representing 100 % of the total Union production.

(5)

As regards dumping, in view of the provisions of Article 2(7) of the basic Regulation, the country concerned is considered to be a non-market economy country. In the absence of known production of the product concerned outside the European Union and the country concerned, the complainant established normal value for the country concerned on the basis of the prices actually paid or payable in the Union for the like product duly adjusted where necessary to include a reasonable profit margin. The allegation of dumping is based on a comparison of the normal value thus established with the export prices (at ex-works level) of the product under investigation when sold for export to the Union. On this basis the dumping margin calculated is significant for the exporting country concerned, namely in excess of 150 %.

(6)	The applicant also requests that imports of the product concerned are made subject to registration pursuant to Article 14(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration.

C. GROUNDS FOR THE REGISTRATION

(7)

According to Article 7(1) of the basic Regulation, provisional measures may not be imposed earlier than 60 days from initiation. However, according to Article 10(4) of the basic Regulation, a definitive anti-dumping duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures, provided that the conditions set out in that paragraph are fulfilled, and imports have been registered in accordance with Article 14(5). According to Article 14(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action.

(8)	The request contains sufficient evidence to justify registration. This is further supported by evidence from other sources.

(9)

As regards dumping, the Commission has at its disposal sufficient prima facie evidence that imports of the product concerned originating in the People’s Republic of China are being dumped, and that the exporters practice dumping. The anti-dumping complaint and request for registration contain evidence with regard to export prices relating to the period from second quarter of 2009 to first quarter of 2010. In addition, the complaint contains information regarding export prices from 2006 onwards. The evidence regarding normal value, contained in the anti-dumping complaint and request for registration, at this stage and subject to further data becoming available during the investigation, consists of detailed data concerning domestic prices and costs of production from the single Union producer covering the period from 2006 to the first quarter of 2010. In the absence of any known analogue countries which could serve as a basis for reliable normal value, this is the most accurate and adequate information that can be used at this stage. This data, appropriately adjusted for estimated transport and other costs, would, on its face, appear to relate to the same product and time period and the same level of trade, and therefore would appear to be broadly comparable. As a whole, and given the extent of the dumping margin alleged, this evidence provides sufficient support at this stage that the exporters in question practice dumping, and that there was an history of dumping over an extended period of time.

(10)

As regards injury, the Commission has at its disposal sufficient prima facie evidence that the exporters’ dumping practices are causing material injury or would cause material injury. This evidence consists of detailed data, contained in the anti-dumping complaint and request for registration and supported by information from other sources, concerning the key injury factors set out in Article 3(5) of the basic Regulation. Furthermore, the Commission has its disposal sufficient prima facie evidence that exporters’ practices are causing serious injury, or would cause serious injury. This has warranted initiation of a safeguard investigation. It should be underlined that the totality of imports would appear to originate in the People's Republic of China.

(11)

The Commission also has at its disposal sufficient prima facie evidence, contained in the anti-dumping complaint and request for registration and supported by information from other sources, that the importers were aware, or should have been aware, that the exporters practice dumping injurious to or likely to be injurious to the Union industry. For instance, several articles in the specialist press over an extended period of time suggest that the Union industry may suffer injury as a result of low priced imports from China. Also, given the extent of the dumping that it would appear may be occurring, it is reasonable to conclude that the importers would be aware, or should be aware, of the situation.

(12)

Furthermore, the Commission has at its disposal sufficient prima facie evidence that such injury is being caused or would be caused by massive dumped imports in a relatively short time which in light of the timing and the volume of the dumped imports and other circumstances (such as the rapid deterioration of the situation of the Union industry (2), the fact that a single producer exists in the Union, the cycle of negotiation of contracts in this market, the relatively short lifetime of products in the sector, the significant amount of R&D expenses that must be undertaken to generate them) would be likely to seriously undermine the remedial effect of any definitive anti-dumping duties, unless such duties would be applied retroactively. Evidence in relation to these circumstances is contained in the anti-dumping complaint and request for registration and supported by information from other sources.

(13)	Accordingly, the conditions for registration in this case are met.

D. PROCEDURE

(14)	In the light of the above, the Commission has concluded that the applicant’s request contains sufficient evidence to make imports of the product concerned subject to registration, in accordance with Article 14(5) of the basic Regulation.

(15)	All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

E. REGISTRATION

(16)

Pursuant to Article 14(5) of the basic Regulation, imports of the product concerned should be made subject to registration in order to ensure that, should the investigation result in findings leading to the imposition of anti-dumping duties, those duties, can, if the necessary conditions are fulfilled, be levied retroactively in accordance with applicable legal provisions.

(17)

Any future liability would emanate from the findings of the anti-dumping investigation. The allegations in the complaint requesting the initiation of an investigation exceed 150 % for dumping and 150 % for injury. If the investigation confirms these allegations, the measure would exceed EUR 60 per unit.

F. PROCESSING OF PERSONAL DATA

(18)

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),

HAS ADOPTED THIS REGULATION:

Article 1

1. The Customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 1225/2009, to take the appropriate steps to register the imports into the Union of wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers) originating in the People’s Republic of China, currently falling within CN codes ex 8471 80 00 and ex 8517 62 00 (TARIC codes 8471800010, 8517620011 and 8517620091). Registration shall expire nine months following the date of entry into force of this Regulation.

2. All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 20 days from the date of publication of this Regulation.

Article 2

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

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

Done at Brussels, 29 June 2010.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 343, 22.12.2009, p. 51.

(2) Examples of this rapid deterioration can be found in the complaint requesting the initiation of an anti-dumping investigation. They include inter alia the halving of production, the multiplication by a factor of ca. 4 of financial losses and the drop of ca. 40 % in employment from 2008 to 2009.

(3) OJ L 8, 12.1.2001, p. 1.

30.6.2010

Official Journal of the European Union

L 163/37

COMMISSION REGULATION (EU) No 571/2010

of 29 June 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 30 June 2010.

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

Done at Brussels, 29 June 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 350, 31.12.2007, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	35,6
	MK	43,1
	TR	53,0
	ZZ	43,9
0707 00 05	MK	45,6
	TR	106,1
	ZZ	75,9
0709 90 70	TR	105,1
0709 90 70	ZZ	105,1
0805 50 10	AR	97,3
	TR	97,3
	US	84,1
	ZA	98,0
	ZZ	94,2
0808 10 80	AR	115,9
	BR	86,9
	CA	118,4
	CL	103,1
	CN	57,3
	NZ	111,2
	US	123,9
	ZA	100,3
	ZZ	102,1
0809 10 00	TR	244,3
0809 10 00	ZZ	244,3
0809 20 95	TR	299,6
0809 20 95	ZZ	299,6
0809 30	AR	133,5
	TR	155,8
	ZZ	144,7
0809 40 05	AU	258,9
	IL	210,4
	US	319,2
	ZZ	262,8

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

30.6.2010

Official Journal of the European Union

L 163/39

COMMISSION REGULATION (EU) No 572/2010

of 29 June 2010

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

THE EUROPEAN COMMISSION,

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

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

(1)	The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 563/2010 (4).

(2)	The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 30 June 2010.

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

Done at Brussels, 29 June 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 178, 1.7.2006, p. 24.

(3) OJ L 253, 25.9.2009, p. 3.

(4) OJ L 161, 29.6.2010, p. 4.

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 30 June 2010

(EUR)
CN code	Representative price per 100 kg net of the product concerned	Additional duty per 100 kg net of the product concerned
1701 11 10 (1)	41,21	0,00
1701 11 90 (1)	41,21	2,54
1701 12 10 (1)	41,21	0,00
1701 12 90 (1)	41,21	2,24
1701 91 00 (2)	44,41	4,15
1701 99 10 (2)	44,41	1,01
1701 99 90 (2)	44,41	1,01
1702 90 95 (3)	0,44	0,25

(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3) Per 1 % sucrose content.

30.6.2010

Official Journal of the European Union

L 163/41

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION

of 23 June 2010

appointing Judges to the General Court

(2010/362/EU)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:

(1)

The terms of office of the following Judges at the General Court are due to expire on 31 August 2010: Josef AZIZI, Valeriu CIUCĂ, Ottó CZÚCZ, Franklin DEHOUSSE, Sten FRIMODT NIELSEN, Marc JAEGER, Küllike JÜRIMÄE, Heikki KANNINEN, Eugénia MARTINS DE NAZARÉ RIBEIRO, Arjen W. H. MEIJ, Savvas S. PAPASAVVAS, Juraj SCHWARCZ, Mihalis VILARAS and Irena WISZNIEWSKA-BIAŁECKA.

(2)

The Governments of the Member States have proposed to reappoint as Judges at the General Court Josef AZIZI, Ottó CZÚCZ, Franklin DEHOUSSE, Sten FRIMODT NIELSEN, Marc JAEGER, Küllike JÜRIMÄE, Heikki KANNINEN, Mme Eugénia MARTINS DE NAZARÉ RIBEIRO, Savvas S. PAPASAVVAS, Juraj SCHWARCZ and Irena WISZNIEWSKA-BIAŁECKA. The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of the aforementioned eleven judges to perform the duties of Judge of the General Court of the European Union. Afterwards, the application of Mr Ottó CZÚCZ has been withdrawn.

(3)	Ten members of the General Court should therefore be appointed for the period from 1 September 2010 to 31 August 2016; judges for the four vacancies still to be filled will be appointed at a later date.

HAVE ADOPTED THIS DECISION:

Article 1

The following are hereby appointed Judges at the General Court from 1 September 2010 to 31 August 2016:

Mr Josef AZIZI

Mr Franklin DEHOUSSE

Mr Sten FRIMODT NIELSEN

Mr Marc JAEGER

Ms Küllike JÜRIMÄE

Mr Heikki KANNINEN

Ms Eugénia MARTINS DE NAZARÉ RIBEIRO

Mr Savvas S. PAPASAVVAS

Mr Juraj SCHWARCZ

Ms Irena WISZNIEWSKA-BIAŁECKA

Article 2

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 23 June 2010.

The President

C. BASTARRECHE SAGÜÉS

30.6.2010

Official Journal of the European Union

L 163/42

COMMISSION DECISION

of 28 June 2010

on the recognition of Algeria as regards education, training and certification of seafarers for the recognition of certificates of competency

(notified under document C(2010) 4226)

(2010/363/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (1) and in particular Article 19(3) thereof,

Having regard to the letter of 13 May 2005 from the Cypriot Authorities, requesting the recognition of Algeria in order to recognise certificates of competency issued by this country,

Whereas:

(1)

Member States may decide to endorse seafarers’ certificates of competency issued by third countries, provided that the relevant third country is recognised by the Commission as ensuring that this country complies with the requirements of the international Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) (2);

(2)

Following the request of the Cypriot Authorities, the Commission assessed the maritime education, training and certification systems in Algeria in order to verify whether this country complies with the requirements of the STCW Convention and whether appropriate measures have been taken to prevent fraud involving certificates. This assessment was based on the results of a fact-finding inspection performed by experts of the European Maritime Safety Agency in September 2006;

(3)

Where deficiencies had been identified during the assessment of compliance with the STCW Convention, the Algerian Authorities provided to the Commission the requested relevant information and evidence concerning the implementation of appropriate and sufficient corrective action to address most of these issues;

(4)

The remaining shortcomings as regards seafarers’ training and certification procedures mainly concern missing specific legal provisions regarding the use of simulators and an explicit correspondence between the designation of Algerian certificates of competency and some training requirements of the STCW Convention and the associated Code. The Algerian authorities have therefore been invited to implement further corrective action in this respect. However, these shortcomings do not warrant calling into question the overall level of compliance of the Algerian systems regarding education, training and certification of seafarers with the STCW Convention;

(5)

The outcome of the assessment of compliance and the evaluation of the information provided by the Algerian Authorities demonstrate that Algeria complies with the relevant requirements of the STCW Convention, while this country has taken appropriate measures to prevent fraud involving certificates and should thus be recognised by the Union;

(6)	The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS DECISION:

Article 1

Algeria is recognised as regards education, training and certification of seafarers, for the purpose of recognition of certificates of competency issued by this country.

Article 2

This Decision is addressed to the Member States.

Article 3

This Decision takes effect from the date of its notification to the Member States.

Done at Brussels, 28 June 2010.

For the Commission

Siim KALLAS

Vice-President

(1) OJ L 323, 3.12.2008, p. 33.

(2) Adopted by the International Maritime Organisation.

		ISSN 1725-2555 doi:10.3000/17252555.L_2010.163.eng
Official Journal of the European Union		L 163

English edition	Legislation	Volume 53 30 June 2010

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Council Regulation (EU, Euratom) No 564/2010 of 29 June 2010 adjusting the correction coefficients applicable to the remuneration and pensions of officials and other servants of the European Union	1
		REGULATIONS
	*	Council Regulation (EU) No 565/2010 of 29 June 2010 amending Regulation (EU) No 7/2010 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products	2
	*	Council Regulation (EU) No 566/2010 of 29 June 2010 amending Regulation (EC) No 1255/96 temporarily suspending the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products	4
	*	Council Regulation (EU) No 567/2010 of 29 June 2010 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea	15
	*	Commission Regulation (EU) No 568/2010 of 29 June 2010 amending Annex III to Regulation (EC) No 767/2009 of the European Parliament and of the Council as regards the prohibition to place on the market or use for animal nutritional purposes protein products obtained from yeasts of the Candida variety cultivated on n-alkanes ( 1 )	30
	*	Commission Regulation (EU) No 569/2010 of 29 June 2010 derogating from Regulation (EU) No 1272/2009 as regards sales by tender of butter and skimmed milk powder provided for respectively by Regulation (EU) No 446/2010 and Regulation (EU) No 447/2010	32
	*	Commission Regulation (EU) No 570/2010 of 29 June 2010 making imports of wireless wide area networking (WWAN) modems originating in the People's Republic of China subject to registration	34
		Commission Regulation (EU) No 571/2010 of 29 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables	37
		Commission Regulation (EU) No 572/2010 of 29 June 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year	39
		DECISIONS
		2010/362/EU
	*	Decision of the representatives of the Governments of the Member States of the European Union of 23 June 2010 appointing Judges to the General Court	41
		2010/363/EU
	*	Commission Decision of 28 June 2010 on the recognition of Algeria as regards education, training and certification of seafarers for the recognition of certificates of competency (notified under document C(2010) 4226)	42