ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 132/5

COMMISSION REGULATION (EC) No 447/2009

of 27 May 2009

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 May 2009. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.

(2) OJ L 302, 19.10.1992, p. 1.
EN Official Journal of the European Union L 196/3

COMMISSION REGULATION (EC) No 674/2009

of 22 July 2009

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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 Brussels, 22 July 2009. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.

(2) OJ L 302, 19.10.1992, p. 1.
EN Official Journal of the European Union L 178/14

COMMISSION REGULATION (EC) No 594/2009

of 8 July 2009

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.

(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The good described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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, 8 July 2009. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.

(2) OJ L 302, 19.10.1992, p. 1.
(22)

As regards this claim, it is noted that the notice of initiation of the original investigation (6) made reference to PFF ‘normally used for apparel applications’ and not to PFF exclusively used for apparel applications. This means that there has been no expansion of the product concerned between the initiation stage and the imposition of definitive measures, as alleged by the applicant. Moreover, apart from a clarification on the product scope regarding the inclusion of ‘dyed white’ PFF, there is no other difference between the product concerned as defined in Commission Regulation (EC) No 426/2005 (7) (the provisional Regulation) and the definitive Regulation of the original investigation (i.e. the original Regulation). In both Regulations, neither the operative part (Article 1(1)) nor the recitals regarding the definition of the product concerned exclude PFF imported for a specific end-use from the duty. In the provisional Regulation, particularly in the first sentence of its recital 11, the product concerned is described in terms of its physical characteristics. Again, it is merely stated that PFF are ‘normally’ used for apparel applications, without this being in any way a condition for them to be covered by the investigation and/or the (provisional) duty. Later, in view of the numerous possible applications that were discovered in the course of the original investigation, such as furniture or home decoration, it was explicitly recalled, in recital 6 of the original Regulation, that all PFF were covered by the product definition, regardless of their final use. Therefore, ‘tape’ grade and all other PFF, including PFF for automotive applications, were included in the definition of the product concerned in the original investigation.
EN Official Journal of the European Union L 295/7

COMMISSION REGULATION (EC) No 1083/2009

of 11 November 2009

entering a name in the register of protected designations of origin and protected geographical indications (Sobao Pasiego (PGI))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

(1) Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Sobao Pasiego’ was published in the Official Journal of the European Union (2).

(2) As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th 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 Brussels, 11 November 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 93, 31.3.2006, p. 12.

(2) OJ C 75, 31.3.2009, p. 41.
EN Official Journal of the European Union L 24/14

Corrigendum to Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009

( Official Journal of the European Union L 21 of 26 January 2010 )

On the cover page and on page 1, the Regulation number in the title:

for:

‘Council Regulation (EU) No 23/2010 …’,

read:

‘Council Regulation (EU) No 53/2010 …’.
EN Official Journal of the European Union L 286/22

Corrigendum to Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and of the Council

( Official Journal of the European Union L 13 of 19 January 2010 )

On page 7, Annex I, Section 3, point (d) 9b:

for:

‘German EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium, Germany) FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria)’,

read:
EN Official Journal of the European Union L 229/18

Corrigendum to Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services

( Official Journal of the European Union L 201 of 3 August 2010 )

1. On page 7, Article 11(3):

for:

‘appropriate provisions in Article 11(1) and (2) of Regulation (EC) No 1794/2006’,

read:

‘appropriate provisions in Article 11a of Regulation (EC) No 1794/2006’;

2. on page 7, Article 13(2):

for:

‘the Member State(s)’,

read:

‘the Member State(s) concerned’;

3. on page 8, Article 14(2):

for:

‘the Member State(s)’,

read:

‘the Member State(s) concerned’;

4. on page 8, Article 15, title:

for:

‘Performance plans and targets adopted after the beginning of the reference period’,

read:

‘Performance plans or corrective measures adopted after the beginning of the reference period’;

5. on page 13, Annex I, Section 1, point 3.1 second subparagraph point (c):

for:

‘more that 100 000 commercial movements’,

read:

‘more than 100 000 commercial movements’;

6. on page 13, Annex I, Section 2, point 1(a), last sentence:

for:

‘these key performance indicators’,

read:

‘this key performance indicator’;

7. on page 14, Annex I, Section 2, point 3.1 second subparagraph point (c):

for:

‘more that 100 000 commercial movements’,

read:

‘more than 100 000 commercial movements’;

8. on page 14, Annex I, Section 2, point 4.2:

for:

‘a second national/FAB capacity KPI’,

read:

‘a second national/FAB cost-efficiency KPI’;

9. on page 15, Annex II, point 1.2:

for:

‘(traffic forecast, unit rate trend, etc.)’,

read:

‘(traffic forecast, etc.)’;

10. on page 18, Annex IV, point 2, second sentence:

for:

‘below the limit of this Article 1(2)’,

read:

‘below the limits of Article 1(3)’;

11. on page 18, Annex IV, point 2.1(b):

for:

‘the common requirements Regulation’,

read:

‘Regulation (EC) No 2096/2005’;

12. on page 20, Annex IV, point 3.1(p):

for:

‘ “Flight type” means “IFR” for aircraft flying according to instrument flight rules as defined in Annex 2 to the 1944 Chicago Convention (Tenth Edition — July 2005) or “VFR” for aircraft flying according to visual flight rules as defined in the same Annex;’,

read:

‘“Flight type” means the type of flight as defined in Appendix 2 of ICAO Doc 4444 (15th Edition — June 2007);’;

13. on page 20 Annex IV, point 3.1(r):

for:

‘the runway used for take-off’,

read:

‘the runway used for landing and for take-off’.
EN Official Journal of the European Union L 35/10

Corrigendum to Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds for certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds

( Official Journal of the European Union L 171 of 6 July 2010 )

On page 17, Article 51(1), point (a):

for:

‘(a) the amounts, expressed in euros, in respect of which refund certificates were returned during the previous month in accordance with Article 41(1);’,

read:

‘(a) the amounts, expressed in euro, in respect of which refund certificates were returned during the previous month in accordance with Article 41(1) and (2);’;

on page 17, in Article 51(1), point (c):

for:

‘(c) refund certificates, expressed in euros, issued during the previous month, as referred to in Article 35;’,

read:
EN Official Journal of the European Union L 4/85

COMMISSION REGULATION (EU) No 13/2010

of 7 January 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 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),

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 8 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 January 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.
EN Official Journal of the European Union L 11/6

COMMISSION REGULATION (EU) No 40/2010

of 15 January 2010

fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 11 to 12 January 2010 under the Tunisian tariff quota and suspending the issue of import licences for the month of January 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),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

(1) Article 3(1) and (2) of Protocol No 1 (3) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (4), opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the Community, up to the limit laid down for each year.

(2) Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (5) lays down monthly quantitative limits for the issue of import licences.

(3) Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of January in Article 2(2) of that Regulation.

(4) In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available.

(5) Since the limit for the month of January has been reached, no more import licences can be issued for that month,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications were lodged for 11 and 12 January 2010 under Article 3(1) of Regulation (EC) No 1918/2006 shall be multiplied by an allocation coefficient of 90,575916 %.

The issue of import licences in respect of amounts applied for as from 18 January 2010 shall be suspended for January 2010.

Article 2

This Regulation shall enter into force on 16 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 January 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 238, 1.9.2006, p. 13.

(3) OJ L 97, 30.3.1998, p. 57.

(4) OJ L 97, 30.3.1998, p. 2.

(5) OJ L 365, 21.12.2006, p. 84.
EN Official Journal of the European Union L 9/9

COMMISSION REGULATION (EU) No 28/2010

of 13 January 2010

laying down the allocation coefficient to be applied to import licence applications lodged from 1 to 8 January 2010 under the tariff quota opened by Regulation (EC) No 955/2005 for rice originating in Egypt

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),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 955/2005 (3) opened an annual import tariff quota for 5 605 tonnes of rice falling within CN code 1006 originating in Egypt (order No 09.4097).

(2) The notification made in accordance with Article 5(a) of Regulation (EC) No 955/2005 shows that the applications lodged from 13.00 (Brussels time) on 1 January 2010 until 13.00 on 8 January 2010 in accordance with Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down.

(3) The submission of new import licence applications should also be suspended under Regulation (EC) No 955/2005 until the end of the current quota period, in accordance with Article 4(2) of that Regulation.

(4) In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

1. Applications for import licences for rice originating in Egypt under the quota referred to in Regulation (EC) No 955/2005 lodged from 13.00 (Brussels time) on 1 January 2010 until 13.00 on 8 January 2010 shall be accepted for the quantities applied for multiplied by an allocation coefficient of 8,623076 %.

2. The submission of new import licence applications from 13.00 (Brussels time) on Friday 8 January 2010 is hereby suspended until the end of the current quota period.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 January 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 238, 1.9.2006, p. 13.

(3) OJ L 164, 24.6.2005, p. 5.