# Official Journal L 324/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 324 |
| | |
| English edition | Legislation | Volume 5930 November 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 324

English edition

Legislation

Volume 5930 November 2016

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2016/2087 of 14 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products | 1 |
| | | REGULATIONS |
| | | Commission Implementing Regulation (EU) 2016/2088 of 29 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | | Commission Implementing Regulation (EU) 2016/2089 of 29 November 2016 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 | 5 |
| | | DECISIONS |
| | * | Council Implementing Decision (EU) 2016/2090 of 21 November 2016 amending Decision 2009/790/EC authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax | 7 |
| | * | Commission Implementing Decision (EU) 2016/2091 of 28 November 2016 not to identify hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council
  (notified under document C(2016) 7524)

   (
  1
  ) | 9 |
| | * | Commission Implementing Decision (EU) 2016/2092 of 28 November 2016 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC
  (notified under document C(2016) 7569)

   (
  1
  ) | 11 |
| | * | Commission Implementing Decision (EU) 2016/2093 of 29 November 2016 on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories | 18 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2016/2087 of 14 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products

1

REGULATIONS

Commission Implementing Regulation (EU) 2016/2088 of 29 November 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

Commission Implementing Regulation (EU) 2016/2089 of 29 November 2016 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

5

DECISIONS

*

Council Implementing Decision (EU) 2016/2090 of 21 November 2016 amending Decision 2009/790/EC authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax

7

*

Commission Implementing Decision (EU) 2016/2091 of 28 November 2016 not to identify hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council
  (notified under document C(2016) 7524)

   (
  1
  )

(notified under document C(2016) 7524)

1

9

*

Commission Implementing Decision (EU) 2016/2092 of 28 November 2016 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC
  (notified under document C(2016) 7569)

   (
  1
  )

(notified under document C(2016) 7569)

1

11

*

Commission Implementing Decision (EU) 2016/2093 of 29 November 2016 on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories

18

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 30.11.2016 | EN | Official Journal of the European Union | L 324/1 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/1

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COUNCIL DECISION (EU) 2016/2087

of 14 November 2016

on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 19 of the Agreement on the European Economic Area provides that the contracting Parties undertake to continue their efforts to achieve progressive liberalisation of agricultural trade between them. |
| --- | --- |

(1)

Article 19 of the Agreement on the European Economic Area provides that the contracting Parties undertake to continue their efforts to achieve progressive liberalisation of agricultural trade between them.

| (2) | On 24 April 2012 the Council authorised the Commission to open negotiations with Iceland with a view to achieving greater liberalisation of bilateral trade in agricultural products under Article 19 of the Agreement on the European Economic Area. The negotiations were successfully concluded on 17 September 2015 and an Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (‘the Agreement’) was initialled. |
| --- | --- |

(2)

On 24 April 2012 the Council authorised the Commission to open negotiations with Iceland with a view to achieving greater liberalisation of bilateral trade in agricultural products under Article 19 of the Agreement on the European Economic Area. The negotiations were successfully concluded on 17 September 2015 and an Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (‘the Agreement’) was initialled.

| (3) | Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date, |
| --- | --- |

(3)

Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products is hereby authorised, subject to the conclusion of the Agreement (1).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 14 November 2016.

For the Council

The President

G. MATEČNÁ

---

(1)  The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.

1

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REGULATIONS

| 30.11.2016 | EN | Official Journal of the European Union | L 324/3 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/3

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/2088

of 29 November 2016

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

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 29 November 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

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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 | 91,6 |
| TR | 95,4 |
| ZZ | 93,5 |
| 0707 00 05 | MA | 63,2 |
| TR | 163,4 |
| ZZ | 113,3 |
| 0709 93 10 | MA | 93,9 |
| TR | 150,6 |
| ZZ | 122,3 |
| 0805 20 10 | MA | 71,6 |
| ZA | 138,5 |
| ZZ | 105,1 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | JM | 110,2 |
| MA | 63,3 |
| PE | 95,4 |
| TR | 83,1 |
| ZZ | 88,0 |
| 0805 50 10 | CL | 90,0 |
| TR | 84,2 |
| ZZ | 87,1 |
| 0808 10 80 | CL | 185,9 |
| NZ | 177,5 |
| US | 100,7 |
| ZA | 181,0 |
| ZZ | 161,3 |
| 0808 30 90 | CN | 85,2 |
| TR | 133,1 |
| ZZ | 109,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

91,6

TR

95,4

ZZ

93,5

0707 00 05

MA

63,2

TR

163,4

ZZ

113,3

0709 93 10

MA

93,9

TR

150,6

ZZ

122,3

0805 20 10

MA

71,6

ZA

138,5

ZZ

105,1

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

JM

110,2

MA

63,3

PE

95,4

TR

83,1

ZZ

88,0

0805 50 10

CL

90,0

TR

84,2

ZZ

87,1

0808 10 80

CL

185,9

NZ

177,5

US

100,7

ZA

181,0

ZZ

161,3

0808 30 90

CN

85,2

TR

133,1

ZZ

109,2

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(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

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| 30.11.2016 | EN | Official Journal of the European Union | L 324/5 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/5

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/2089

of 29 November 2016

fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

THE EUROPEAN COMMISSION,

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

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

Whereas:

| (1) | Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country. |
| --- | --- |

(1)

Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.

| (2) | Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available. |
| --- | --- |

(2)

Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available.

| (3) | Article 1 of Commission Implementing Regulation (EU) 2016/1027 (3) specifies that the total remaining quantity for the quota year 2016/2017 is 8 095 tonnes. |
| --- | --- |

(3)

Article 1 of Commission Implementing Regulation (EU) 2016/1027 (3) specifies that the total remaining quantity for the quota year 2016/2017 is 8 095 tonnes.

| (4) | The applications lodged between 1 and 10 November 2016 for the remaining period of the running quota year 2016/2017 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security, |
| --- | --- |

(4)

The applications lodged between 1 and 10 November 2016 for the remaining period of the running quota year 2016/2017 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security,

HAS ADOPTED THIS REGULATION:

Article 1

The applications for export licences lodged from 1 to 10 November 2016 for the remaining period of the running quota year 2016/2017 shall be accepted.

The quantities covered by export licence applications referred to in the first paragraph for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by an allocation coefficient of 3,113461.

Export licences for the quantities exceeding the quantities applied for and which are allocated in accordance with the coefficient set out in the second paragraph, shall be issued after acceptance by the operator within one week from the date of publication of this Regulation and subject to the lodging of the corresponding security.

Article 2

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

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

Done at Brussels, 29 November 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).

2

(3)  Commission Implementing Regulation (EU) 2016/1027 of 24 June 2016 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 (OJ L 168, 25.6.2016, p. 11).

3

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DECISIONS

| 30.11.2016 | EN | Official Journal of the European Union | L 324/7 |
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30.11.2016

EN

Official Journal of the European Union

L 324/7

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COUNCIL IMPLEMENTING DECISION (EU) 2016/2090

of 21 November 2016

amending Decision 2009/790/EC authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 395 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Point (14) of Article 287 of Directive 2006/112/EC authorises the Republic of Poland (‘Poland’) to exempt from value added tax (VAT) taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 10 000 at the conversion rate on the day of its accession. |
| --- | --- |

(1)

Point (14) of Article 287 of Directive 2006/112/EC authorises the Republic of Poland (‘Poland’) to exempt from value added tax (VAT) taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 10 000 at the conversion rate on the day of its accession.

| (2) | By virtue of Council Decision 2009/790/EC (2), Poland was authorised, until 31 December 2012 and as a derogation, to exempt from VAT taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 30 000 at the conversion rate on the day of its accession (‘the derogating measure’). The derogating measure was subsequently extended by Council Implementing Decision 2012/769/EU (3) until 31 December 2015 and by Council Implementing Decision (EU) 2015/1173 (4) until 31 December 2018. |
| --- | --- |

(2)

By virtue of Council Decision 2009/790/EC (2), Poland was authorised, until 31 December 2012 and as a derogation, to exempt from VAT taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 30 000 at the conversion rate on the day of its accession (‘the derogating measure’). The derogating measure was subsequently extended by Council Implementing Decision 2012/769/EU (3) until 31 December 2015 and by Council Implementing Decision (EU) 2015/1173 (4) until 31 December 2018.

| (3) | In a letter registered with the Commission on 1 June 2016, Poland requested authorisation to increase that threshold from EUR 30 000 to EUR 40 000. By means of that increase, an additional number of very small businesses could be exempted from certain or all of the obligations in relation to VAT set out in Chapters 2 to 6 of Title XI of Directive 2006/112/EC. The burden on the tax authorities with regard to the auditing of very small businesses would therefore also be decreased. |
| --- | --- |

(3)

In a letter registered with the Commission on 1 June 2016, Poland requested authorisation to increase that threshold from EUR 30 000 to EUR 40 000. By means of that increase, an additional number of very small businesses could be exempted from certain or all of the obligations in relation to VAT set out in Chapters 2 to 6 of Title XI of Directive 2006/112/EC. The burden on the tax authorities with regard to the auditing of very small businesses would therefore also be decreased.

| (4) | In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States, by letters dated 22 September 2016, of the request made by Poland. By letter dated 23 September 2016, the Commission notified Poland that it had all the information necessary to consider the request. |
| --- | --- |

(4)

In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States, by letters dated 22 September 2016, of the request made by Poland. By letter dated 23 September 2016, the Commission notified Poland that it had all the information necessary to consider the request.

| (5) | The information provided by Poland indicates that potentially 24 000 additional taxable persons could make use of the derogating measure in order to reduce their VAT obligations. The budgetary impact in terms of VAT revenue has been estimated by Poland at PLN 300 million. |
| --- | --- |

(5)

The information provided by Poland indicates that potentially 24 000 additional taxable persons could make use of the derogating measure in order to reduce their VAT obligations. The budgetary impact in terms of VAT revenue has been estimated by Poland at PLN 300 million.

| (6) | Given that an increased threshold will further reduce VAT obligations for very small businesses and that those businesses are still able to opt for the normal VAT arrangements in accordance with Article 290 of Directive 2006/112/EC, Poland should be authorised to apply the increased threshold for the remaining application period of Decision 2009/790/EC, which ends on 31 December 2018. However, Articles 281 to 294 of Directive 2006/112/EC on a special scheme for small enterprises are subject to review, and a directive amending those Articles might therefore enter into force before that date. |
| --- | --- |

(6)

Given that an increased threshold will further reduce VAT obligations for very small businesses and that those businesses are still able to opt for the normal VAT arrangements in accordance with Article 290 of Directive 2006/112/EC, Poland should be authorised to apply the increased threshold for the remaining application period of Decision 2009/790/EC, which ends on 31 December 2018. However, Articles 281 to 294 of Directive 2006/112/EC on a special scheme for small enterprises are subject to review, and a directive amending those Articles might therefore enter into force before that date.

| (7) | The derogation will have no impact on the Union's own resources accruing from VAT because Poland will carry out a compensation calculation in accordance with Article 6 of Council Regulation (EEC, Euratom) No 1553/89 (5). |
| --- | --- |

(7)

The derogation will have no impact on the Union's own resources accruing from VAT because Poland will carry out a compensation calculation in accordance with Article 6 of Council Regulation (EEC, Euratom) No 1553/89 (5).

| (8) | Decision 2009/790/EC should therefore be amended accordingly, |
| --- | --- |

(8)

Decision 2009/790/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Articles 1 and 2 of Decision 2009/790/EC are replaced by the following:

‘Article 1

By way of derogation from Article 287 of Directive 2006/112/EC, the Republic of Poland is authorised to exempt from VAT taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 40 000 at the conversion rate on the day of its accession.

Article 2

This Decision shall apply until the entry into force of a Directive amending Articles 281 to 294 of Directive 2006/112/EC on a special scheme for small enterprises, or until 31 December 2018, whichever is the earlier.’.

Article 2

This Decision is addressed to the Republic of Poland.

Done at Brussels, 21 November 2016.

For the Council

The President

P. PLAVČAN

---

(1)  
  OJ L 347, 11.12.2006, p. 1.

1

(2)  Council Decision 2009/790/EC of 20 October 2009 authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax (OJ L 283, 30.10.2009, p. 53).

2

(3)  Council Implementing Decision 2012/769/EU of 4 December 2012 amending Decision 2009/790/EC authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax (OJ L 338, 12.12.2012, p. 27).

3

(4)  Council Implementing Decision (EU) 2015/1173 of 14 July 2015 amending Decision 2009/790/EC authorising the Republic of Poland to apply a measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax (OJ L 189, 17.7.2015, p. 36).

4

(5)  Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (OJ L 155, 7.6.1989, p. 9).

5

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| 30.11.2016 | EN | Official Journal of the European Union | L 324/9 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/9

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COMMISSION IMPLEMENTING DECISION (EU) 2016/2091

of 28 November 2016

not to identify hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council

(notified under document C(2016) 7524)

(Only the English text is authentic)

(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 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 59(9) thereof,

Whereas:

| (1) | In accordance with Article 59(3) of Regulation (EC) No 1907/2006, on 24 August 2015 Sweden submitted to the European Chemicals Agency (‘the Agency’) a dossier in accordance with Annex XV to that Regulation (‘Annex XV dossier’) for the identification of hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) (EC No 235-921-9, CAS No 13048-33-4) as a substance of very high concern under Article 57(f) of that Regulation. The dossier submitter considered that there is scientific evidence of probable serious effects to human health due to the skin sensitising properties of HDDA giving rise to an equivalent level of concern to those of other substances listed in points (a) to (c) of Article 57; namely to substances which meet criteria for classification as carcinogenic category 1A or 1B, germ cell mutagenic category 1A or 1B, toxic to reproduction category 1A or 1B. |
| --- | --- |

(1)

In accordance with Article 59(3) of Regulation (EC) No 1907/2006, on 24 August 2015 Sweden submitted to the European Chemicals Agency (‘the Agency’) a dossier in accordance with Annex XV to that Regulation (‘Annex XV dossier’) for the identification of hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) (EC No 235-921-9, CAS No 13048-33-4) as a substance of very high concern under Article 57(f) of that Regulation. The dossier submitter considered that there is scientific evidence of probable serious effects to human health due to the skin sensitising properties of HDDA giving rise to an equivalent level of concern to those of other substances listed in points (a) to (c) of Article 57; namely to substances which meet criteria for classification as carcinogenic category 1A or 1B, germ cell mutagenic category 1A or 1B, toxic to reproduction category 1A or 1B.

| (2) | On 10 December 2015 the Agency's Member State Committee (MSC) adopted its opinion (2) on the Annex XV dossier, following the Agency's general approach for the identification of substances of very high concern under Article 57(f) (3). In its opinion, MSC unanimously acknowledged there is scientific evidence suggesting that HDDA is a strong skin sensitiser. Although a majority of the MSC members considered that HDDA should be identified as a substance of very high concern in accordance with Article 57(f) of that Regulation, the MSC did not reach unanimous agreement. Three members abstained from a vote, while nine members did not agree that the information provided in the Annex XV dossier was sufficient to constitute an equivalent level of concern to those of other substances listed in points (a) to (e) of Article 57. Those nine members stated in their minority opinion that the effects of HDDA on human health cannot be considered as comparable to those substances which are carcinogenic, mutagenic or toxic for reproduction, in terms of both severity and irreversibility. |
| --- | --- |

(2)

On 10 December 2015 the Agency's Member State Committee (MSC) adopted its opinion (2) on the Annex XV dossier, following the Agency's general approach for the identification of substances of very high concern under Article 57(f) (3). In its opinion, MSC unanimously acknowledged there is scientific evidence suggesting that HDDA is a strong skin sensitiser. Although a majority of the MSC members considered that HDDA should be identified as a substance of very high concern in accordance with Article 57(f) of that Regulation, the MSC did not reach unanimous agreement. Three members abstained from a vote, while nine members did not agree that the information provided in the Annex XV dossier was sufficient to constitute an equivalent level of concern to those of other substances listed in points (a) to (e) of Article 57. Those nine members stated in their minority opinion that the effects of HDDA on human health cannot be considered as comparable to those substances which are carcinogenic, mutagenic or toxic for reproduction, in terms of both severity and irreversibility.

| (3) | On 15 January 2016, pursuant to Article 59(9) of Regulation (EC) No 1907/2006, the MSC referred its opinion to the Commission for a decision on the identification of HDDA as a substances for which there is scientific evidence of probable serious effects to human health which give rise to an equivalent level of concern to CMR substances (Category 1A or 1B) in accordance with Article 57(f) of that Regulation. |
| --- | --- |

(3)

On 15 January 2016, pursuant to Article 59(9) of Regulation (EC) No 1907/2006, the MSC referred its opinion to the Commission for a decision on the identification of HDDA as a substances for which there is scientific evidence of probable serious effects to human health which give rise to an equivalent level of concern to CMR substances (Category 1A or 1B) in accordance with Article 57(f) of that Regulation.

| (4) | The Commission notes that the classification of HDDA as skin sensitiser of category 1 in Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) implies that HDDA and cross-reacting acrylates have the potential to cause severe adverse effects on the skin. The Commission also notes that the sensitisation of skin caused by HDDA is irreversible. However, although in the cases documented in the Annex XV dossier, moderate and occasionally severe adverse effects on the skin were reported, in all published case reports the skin damage disappeared completely after cessation of exposure and this happened in most cases in a relatively short time. The Commission therefore considers that the scientific evidence presented in the Annex XV dossier does not demonstrate that the probable serious health effects of HDDA are of equivalent concern to those of the substances that are classified as carcinogenic, mutagenic or toxic to reproduction. |
| --- | --- |

(4)

The Commission notes that the classification of HDDA as skin sensitiser of category 1 in Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) implies that HDDA and cross-reacting acrylates have the potential to cause severe adverse effects on the skin. The Commission also notes that the sensitisation of skin caused by HDDA is irreversible. However, although in the cases documented in the Annex XV dossier, moderate and occasionally severe adverse effects on the skin were reported, in all published case reports the skin damage disappeared completely after cessation of exposure and this happened in most cases in a relatively short time. The Commission therefore considers that the scientific evidence presented in the Annex XV dossier does not demonstrate that the probable serious health effects of HDDA are of equivalent concern to those of the substances that are classified as carcinogenic, mutagenic or toxic to reproduction.

| (5) | This decision is without prejudice to the outcome of any on-going or future assessment within the Agency or the Commission of skin sensitising substances in the context of Article 57(f) and it does not pre-empt the potential identification as SVHC. |
| --- | --- |

(5)

This decision is without prejudice to the outcome of any on-going or future assessment within the Agency or the Commission of skin sensitising substances in the context of Article 57(f) and it does not pre-empt the potential identification as SVHC.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

HAS ADOPTED THIS DECISION:

Article 1

The substance hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) (EC No 235-921-9, CAS No 13048-33-4) is not identified as a substance whose skin sensitising properties cause effects to human health that give rise to an equivalent level of concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006.

Article 2

This Decision is addressed to the European Chemicals Agency.

Done at Brussels, 28 November 2016.

For the Commission

Elżbieta BIEŃKOWSKA

Member of the Commission

---

(1)  
  OJ L 396, 30.12.2006, p. 1.

1

(2)  http://echa.europa.eu/role-of-the-member-state-committee-in-the-authorisation-process/svhc-opinions-of-the-member-state-committee/-/substance-rev/12301/term

2

(3)  Identification of substances as SVHCs due to equivalent level of concern to CMRs (Article 57(f)) — sensitisers as an example

3

(4)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

4

---

| 30.11.2016 | EN | Official Journal of the European Union | L 324/11 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/11

---

COMMISSION IMPLEMENTING DECISION (EU) 2016/2092

of 28 November 2016

amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC

(notified under document C(2016) 7569)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,

Whereas:

| (1) | Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Article 29 of that Directive requires that third countries from which Member States are authorised to import animals and animal products covered by that Directive submit a residue monitoring plan providing required guarantees (‘the plan’). The plan should at least apply to the groups of residues and substances listed in that Annex I. |
| --- | --- |

(1)

Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Article 29 of that Directive requires that third countries from which Member States are authorised to import animals and animal products covered by that Directive submit a residue monitoring plan providing required guarantees (‘the plan’). The plan should at least apply to the groups of residues and substances listed in that Annex I.

| (2) | Commission Decision 2011/163/EU (2) approves plans submitted by certain third countries concerning specified animal and animal products as listed in the Annex to that Decision. |
| --- | --- |

(2)

Commission Decision 2011/163/EU (2) approves plans submitted by certain third countries concerning specified animal and animal products as listed in the Annex to that Decision.

| (3) | In the light of the recent plans submitted by certain third countries and additional information obtained by the Commission from those third countries, it is necessary to update the list of third countries from which Member States are authorised to import certain animals and animal products, as provided for in Directive 96/23/EC, as currently listed in the Annex to Decision 2011/163/EU (‘the list’). |
| --- | --- |

(3)

In the light of the recent plans submitted by certain third countries and additional information obtained by the Commission from those third countries, it is necessary to update the list of third countries from which Member States are authorised to import certain animals and animal products, as provided for in Directive 96/23/EC, as currently listed in the Annex to Decision 2011/163/EU (‘the list’).

| (4) | While the United Arab Emirates have not provided a residue monitoring plan for domestically produced aquaculture, the United Arab Emirates have provided guarantees in respect of aquaculture raw material originating either from Member States or from third countries which are approved to export such raw material to the European Union. An entry for the United Arab Emirates for aquaculture with the appropriate footnote should therefore be added in the list. |
| --- | --- |

(4)

While the United Arab Emirates have not provided a residue monitoring plan for domestically produced aquaculture, the United Arab Emirates have provided guarantees in respect of aquaculture raw material originating either from Member States or from third countries which are approved to export such raw material to the European Union. An entry for the United Arab Emirates for aquaculture with the appropriate footnote should therefore be added in the list.

| (5) | Gambia is currently included in the list for aquaculture. However, Gambia has not provided a plan as required by Article 29 of Directive 96/23/EC and has declared that export to the EU is no longer taking place. The entry for that third country concerning aquaculture should therefore be deleted from the list. Gambia has been informed accordingly. |
| --- | --- |

(5)

Gambia is currently included in the list for aquaculture. However, Gambia has not provided a plan as required by Article 29 of Directive 96/23/EC and has declared that export to the EU is no longer taking place. The entry for that third country concerning aquaculture should therefore be deleted from the list. Gambia has been informed accordingly.

| (6) | Georgia has submitted a plan for honey to the Commission. That plan provides sufficient guarantees and should be approved. An entry for Georgia for honey should therefore be included in the list. |
| --- | --- |

(6)

Georgia has submitted a plan for honey to the Commission. That plan provides sufficient guarantees and should be approved. An entry for Georgia for honey should therefore be included in the list.

| (7) | Kenya is currently included in the list for milk. However, Kenya has not provided a plan as required by Article 29 of Directive 96/23/EC and has declared that residue testing is not currently being carried out and it is not expected to be implemented in 2016 and that export to the EU could no longer take place. The entry for that third country concerning milk should therefore be deleted from the list. Kenya has been informed accordingly. |
| --- | --- |

(7)

Kenya is currently included in the list for milk. However, Kenya has not provided a plan as required by Article 29 of Directive 96/23/EC and has declared that residue testing is not currently being carried out and it is not expected to be implemented in 2016 and that export to the EU could no longer take place. The entry for that third country concerning milk should therefore be deleted from the list. Kenya has been informed accordingly.

| (8) | Lebanon is currently included in the list for honey. However, Lebanon has not provided a plan as required by Article 29 of Directive 96/23/EC. The entry for that third country concerning honey should therefore be deleted from the list. Lebanon has been informed accordingly. |
| --- | --- |

(8)

Lebanon is currently included in the list for honey. However, Lebanon has not provided a plan as required by Article 29 of Directive 96/23/EC. The entry for that third country concerning honey should therefore be deleted from the list. Lebanon has been informed accordingly.

| (9) | In order to avoid any disruption to trade, a transitional period should be laid down to cover the relevant consignments from Lebanon, which were certified and dispatched to the Union before the date of application of this Decision. |
| --- | --- |

(9)

In order to avoid any disruption to trade, a transitional period should be laid down to cover the relevant consignments from Lebanon, which were certified and dispatched to the Union before the date of application of this Decision.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(10)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2011/163/EU is replaced by the text set out in the Annex to this Decision.

Article 2

For a transitional period until 1 February 2017, Member States shall accept consignments from Lebanon of honey provided that the importer can demonstrate that such consignments were certified and dispatched to the Union prior to 15 December 2016 in accordance with Decision 2011/163/EU.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 November 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(1)  
  OJ L 125, 23.5.1996, p. 10.

1

(2)  Commission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40).

2

---

ANNEX

‘ANNEX

| Code ISO2 | Country | Bovine | Ovine/ caprine | Porcine | Equine | Poultry | Aqua-culture | Milk | Eggs | Rabbit | Wild game | Farmed game | Honey |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| AD | Andorra | X | X | | X | | | | | | | | X |
| AE | United Arab Emirates | | | | | | X (3) | X (1) | | | | | |
| AL | Albania | | X | | | | X | | X | | | | |
| AM | Armenia | | | | | | X | | | | | | X |
| AR | Argentina | X | X | | X | X | X | X | X | X | X | X | X |
| AU | Australia | X | X | | X | | X | X | | | X | X | X |
| BA | Bosnia and Herzegovina | | | | | X | X | X | X | | | | X |
| BD | Bangladesh | | | | | | X | | | | | | |
| BN | Brunei | | | | | | X | | | | | | |
| BR | Brazil | X | | | X | X | X | | | | | | X |
| BW | Botswana | X | | | X | | | | | | | X | |
| BY | Belarus | | | | X (2) | | X | X | X | | | | |
| BZ | Belize | | | | | | X | | | | | | |
| CA | Canada | X | X | X | X | X | X | X | X | X | X | X | X |
| CH | Switzerland | X | X | X | X | X | X | X | X | X | X | X | X |
| CL | Chile | X | X | X | | X | X | X | | | X | | X |
| CM | Cameroon | | | | | | | | | | | | X |
| CN | China | | | | | X | X | | X | X | | | X |
| CO | Colombia | | | | | | X | | | | | | |
| CR | Costa Rica | | | | | | X | | | | | | |
| CU | Cuba | | | | | | X | | | | | | X |
| DO | Dominican Republic | | | | | | | | | | | | X |
| EC | Ecuador | | | | | | X | | | | | | |
| ET | Ethiopia | | | | | | | | | | | | X |
| FK | Falklands Islands | X | X | | | | X | | | | | | |
| FO | Faeroe Islands | | | | | | X | | | | | | |
| GE | Georgia | | | | | | | | | | | | X |
| GH | Ghana | | | | | | | | | | | | X |
| GL | Greenland | | X | | | | | | | | X | X | |
| GT | Guatemala | | | | | | X | | | | | | X |
| HN | Honduras | | | | | | X | | | | | | |
| ID | Indonesia | | | | | | X | | | | | | |
| IL | Israel (7) | | | | | X | X | X | X | | | X | X |
| IN | India | | | | | | X | | X | | | | X |
| IR | Iran | | | | | | X | | | | | | |
| JM | Jamaica | | | | | | | | | | | | X |
| JP | Japan | X | | | | | X | | | | | | |
| KE | Kenya | | | | | | X | | | | | | |
| KG | Kyrgyzstan | | | | | | | | | | | | X |
| KR | South Korea | | | | | X | X | | | | | | |
| LK | Sri Lanka | | | | | | X | | | | | | |
| MA | Morocco | | | | | X | X | | | | | | |
| MD | Moldova | | | | | X | X | | X | | | | X |
| ME | Montenegro | X | X | X | | X | X | | X | | | | X |
| MG | Madagascar | | | | | | X | | | | | | X |
| MK | former Yugoslav Republic of Macedonia (4) | X | X | X | | X | X | X | X | | X | | X |
| MM | Republic of the Union of Myanmar | | | | | | X | | | | | | |
| MU | Mauritius | | | | | | X | | | | | | |
| MX | Mexico | | | | | | X | | X | | | | X |
| MY | Malaysia | | | | | X (3) | X | | | | | | |
| MZ | Mozambique | | | | | | X | | | | | | |
| NA | Namibia | X | X | | | | | | | | | | |
| NC | New Caledonia | X (3) | | | | | X | | | | X | X | X |
| NI | Nicaragua | | | | | | X | | | | | | X |
| NZ | New Zealand | X | X | | X | | X | X | | | X | X | X |
| PA | Panama | | | | | | X | | | | | | |
| PE | Peru | | | | | | X | | | | | | |
| PH | Philippines | | | | | | X | | | | | | |
| PM | Saint Pierre and Miquelon | | | | | X | | | | | | | |
| PN | Pitcairn Islands | | | | | | | | | | | | X |
| PY | Paraguay | X | | | | | | | | | | | |
| RS | Serbia (5) | X | X | X | X (2) | X | X | X | X | | X | | X |
| RU | Russia | X | X | X | | X | | X | X | | | X (6) | X |
| RW | Rwanda | | | | | | | | | | | | X |
| SA | Saudi Arabia | | | | | | X | | | | | | |
| SG | Singapore | X (3) | X (3) | X (3) | X (8) | X (3) | X | X (3) | | | X (8) | X (8) | |
| SM | San Marino | X | | X (3) | | | | | | | | | X |
| SR | Suriname | | | | | | X | | | | | | |
| SV | El Salvador | | | | | | | | | | | | X |
| SZ | Swaziland | X | | | | | | | | | | | |
| TH | Thailand | | | | | X | X | | | | | | X |
| TN | Tunisia | | | | | X | X | | | | X | | |
| TR | Turkey | | | | | X | X | X | X | | | | X |
| TW | Taiwan | | | | | | X | | | | | | X |
| TZ | Tanzania | | | | | | X | | | | | | X |
| UA | Ukraine | X | | X | | X | X | X | X | | | | X |
| UG | Uganda | | | | | | X | | | | | | X |
| US | United States | X | X | X | | X | X | X | X | X | X | X | X |
| UY | Uruguay | X | X | | X | | X | X | | | X | | X |
| VE | Venezuela | | | | | | X | | | | | | |
| VN | Vietnam | | | | | | X | | | | | | X |
| ZA | South Africa | | | | | | | | | | X | X | |
| ZM | Zambia | | | | | | | | | | | | X |
| ZW | Zimbabwe | | | | | | X | | | | | X | |

Code ISO2

Country

Bovine

Ovine/ caprine

Porcine

Equine

Poultry

Aqua-culture

Milk

Eggs

Rabbit

Wild game

Farmed game

Honey

AD

Andorra

X

X

X

X

AE

United Arab Emirates

X (3)

X (1)

AL

Albania

X

X

X

AM

Armenia

X

X

AR

Argentina

X

X

X

X

X

X

X

X

X

X

X

AU

Australia

X

X

X

X

X

X

X

X

BA

Bosnia and Herzegovina

X

X

X

X

X

BD

Bangladesh

X

BN

Brunei

X

BR

Brazil

X

X

X

X

X

BW

Botswana

X

X

X

BY

Belarus

X (2)

X

X

X

BZ

Belize

X

CA

Canada

X

X

X

X

X

X

X

X

X

X

X

X

CH

Switzerland

X

X

X

X

X

X

X

X

X

X

X

X

CL

Chile

X

X

X

X

X

X

X

X

CM

Cameroon

X

CN

China

X

X

X

X

X

CO

Colombia

X

CR

Costa Rica

X

CU

Cuba

X

X

DO

Dominican Republic

X

EC

Ecuador

X

ET

Ethiopia

X

FK

Falklands Islands

X

X

X

FO

Faeroe Islands

X

GE

Georgia

X

GH

Ghana

X

GL

Greenland

X

X

X

GT

Guatemala

X

X

HN

Honduras

X

ID

Indonesia

X

IL

Israel (7)

X

X

X

X

X

X

IN

India

X

X

X

IR

Iran

X

JM

Jamaica

X

JP

Japan

X

X

KE

Kenya

X

KG

Kyrgyzstan

X

KR

South Korea

X

X

LK

Sri Lanka

X

MA

Morocco

X

X

MD

Moldova

X

X

X

X

ME

Montenegro

X

X

X

X

X

X

X

MG

Madagascar

X

X

MK

former Yugoslav Republic of Macedonia (4)

X

X

X

X

X

X

X

X

X

MM

Republic of the Union of Myanmar

X

MU

Mauritius

X

MX

Mexico

X

X

X

MY

Malaysia

X (3)

X

MZ

Mozambique

X

NA

Namibia

X

X

NC

New Caledonia

X (3)

X

X

X

X

NI

Nicaragua

X

X

NZ

New Zealand

X

X

X

X

X

X

X

X

PA

Panama

X

PE

Peru

X

PH

Philippines

X

PM

Saint Pierre and Miquelon

X

PN

Pitcairn Islands

X

PY

Paraguay

X

RS

Serbia (5)

X

X

X

X (2)

X

X

X

X

X

X

RU

Russia

X

X

X

X

X

X

X (6)

X

RW

Rwanda

X

SA

Saudi Arabia

X

SG

Singapore

X (3)

X (3)

X (3)

X (8)

X (3)

X

X (3)

X (8)

X (8)

SM

San Marino

X

X (3)

X

SR

Suriname

X

SV

El Salvador

X

SZ

Swaziland

X

TH

Thailand

X

X

X

TN

Tunisia

X

X

X

TR

Turkey

X

X

X

X

X

TW

Taiwan

X

X

TZ

Tanzania

X

X

UA

Ukraine

X

X

X

X

X

X

X

UG

Uganda

X

X

US

United States

X

X

X

X

X

X

X

X

X

X

X

UY

Uruguay

X

X

X

X

X

X

X

VE

Venezuela

X

VN

Vietnam

X

X

ZA

South Africa

X

X

ZM

Zambia

X

ZW

Zimbabwe

X

X

---

(1)  Camel milk only.

1

(2)  Export to the Union of live equidae for slaughter (food producing animals only).

2

(3)  Third countries using only raw material either from Member States or from other third countries approved for imports of such raw material to the Union, in accordance with Article 2.

3

(4)  The former Yugoslav Republic of Macedonia; the definitive nomenclature for this country will be agreed following current negotiations at UN level.

4

(5)  Not including Kosovo (this designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence).

5

(6)  Only for reindeer from the Murmansk and Yamalo-Nenets regions.

6

(7)  Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

7

(8)  Only for commodities of fresh meat originating from New Zealand, destined to the Union and being unloaded, reloaded and transited with or without storage through Singapore.’

8

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| 30.11.2016 | EN | Official Journal of the European Union | L 324/18 |
| --- | --- | --- | --- |

30.11.2016

EN

Official Journal of the European Union

L 324/18

---

COMMISSION IMPLEMENTING DECISION (EU) 2016/2093

of 29 November 2016

on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (1), and in particular Article 63 of Annex VI thereto,

Whereas:

| (1) | In accordance with Annex VI to Decision 2013/755/EU, the new procedure for the certification of origin and the methods of administrative cooperation, the Registered Exporters (REX) system, will apply as of 1 January 2017. The current system of certification and administrative cooperation applies until 31 December 2016. |
| --- | --- |

(1)

In accordance with Annex VI to Decision 2013/755/EU, the new procedure for the certification of origin and the methods of administrative cooperation, the Registered Exporters (REX) system, will apply as of 1 January 2017. The current system of certification and administrative cooperation applies until 31 December 2016.

| (2) | The overseas countries and territories (OCTs) listed in Annex II to the Treaty have each addressed a letter to the Commission stating that they are not ready to start applying REX as from 1 January 2017 and requesting that the system is applied from a later date. All of the letters indicate that the OCTs will be able to apply the REX system from 1 January 2020. |
| --- | --- |

(2)

The overseas countries and territories (OCTs) listed in Annex II to the Treaty have each addressed a letter to the Commission stating that they are not ready to start applying REX as from 1 January 2017 and requesting that the system is applied from a later date. All of the letters indicate that the OCTs will be able to apply the REX system from 1 January 2020.

| (3) | In view of those requests and to allow the OCTs the time to prepare to be in a position to apply the REX system, it is appropriate to grant a derogation from the registered exporter system to those OCTs and to allow them to apply Articles 21 to 35 and Articles 54, 55 and 56 of Annex VI to Decision 2013/755/EU after 1 January 2017. |
| --- | --- |

(3)

In view of those requests and to allow the OCTs the time to prepare to be in a position to apply the REX system, it is appropriate to grant a derogation from the registered exporter system to those OCTs and to allow them to apply Articles 21 to 35 and Articles 54, 55 and 56 of Annex VI to Decision 2013/755/EU after 1 January 2017.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(4)

The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from the registered exporter system, the OCTs listed in Annex II to the Treaty may continue to apply Articles 21 to 35 and Articles 54, 55 and 56 of Annex VI to Decision 2013/755/EU until 31 December 2019.

Article 2

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

Done at Brussels, 29 November 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 344, 19.12.2013, p. 1.

1

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