ddrg/super_eurlex huggingface dataset:
Therefore, the apparatus is to be classified under CN code 8528 59 90 as a colour monitor.

The fact that the signals are not displayed directly from external sources does not exclude classification under heading 8528 since monitors of that heading may be capable of receiving a variety of signals from different sources (see also the Harmonised System Explanatory Notes to heading 8528, third paragraph).

Due to its capability of displaying images, the principal function of the apparatus is considered to be that of a monitor, which is an individual function specified in heading 8528.

Since the apparatus is a composite machine in accordance with Note 3 to Section XVI, it is to be classified as if consisting only of that component which performs its principal function.

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8528, 8528 59 and 8528 59 90.

Its internal memory can store up to 50 images.

The images can be displayed in either single image or slideshow mode.

The apparatus supports JPEG and GIF formats with a maximum resolution of 1 024 × 728 pixels.

The images can also be transferred from the apparatus via the infra-red signal to a compatible device.

The images are transferred to the internal memory of the apparatus from a compatible device (such as a mobile phone, automatic data-processing machine or digital camera) via an infra-red signal or with an SIM card through Multimedia Messaging Service (MMS).

a colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 13 cm (5,1 inches) and a resolution of 320 × 240 pixels,

An apparatus for the recording, reproducing and displaying of still images (so-called ‘digital photo frame’), with overall dimensions 17 (L) × 12,9 (W) × 12,3 (D) cm, consisting of the following main components in a single housing:

2. An apparatus for the recording, reproducing and displaying of still and video images, as well as for the recording and reproducing of sound (so-called ‘digital picture frame’), with overall dimensions 33 (W) × 24,1 (H) × 4,1 (D) cm, consisting of the following main components in a single housing: — a colour display of the liquid crystal device (LCD) type, with a diagonal measurement of the screen of 25,4 cm (10 inches) and a resolution of 800 × 480 pixels, — an internal memory with a storage capacity of 128 MB, — memory card slots, — built-in loudspeakers, — two USB interfaces, and — control buttons. It supports the following formats: — audio: MP3, — still image: JPEG, GIF, — video: MPEG1, MPEG4, MOV, AVI. Different types of solid-state non-volatile storage devices can be inserted into the memory card slots. The images may be displayed in single image, slideshow or thumbnails mode. The apparatus can be connected to a compatible apparatus, for example, a digital camera, a printer or an automatic data-processing machine.

8528 59 90
(38)

Certain interested parties questioned the analysis of the trends of the injury indicators. They claimed that the use of 12-month periods running in line with the complainant’s financial year rather than calendar years effectively shortened the period under consideration to three years as the financial year 2007 is, to a big extent, overlapping with the IP. These parties claimed that in order to make a proper appraisal of the trends of the injury indicators, the period considered should be prolonged to cover the full calendar year 2004. In this regard, it should be pointed out that the basic Regulation does not provide for a strict timeline regarding the definition of the period considered. Furthermore, the WTO Recommendation concerning the periods of data collection for anti-dumping investigations provides that ‘As a general rule, […] the period of data collection for injury investigations normally should be at least three years […]’ (4). Nevertheless, a comparative analysis of the basic injury indicators on a calendar year basis was made, i.e. assuming a period considered of 2004, 2005, 2006 and the IP, in order to verify if different conclusions would be drawn as regards injury. This analysis has shown that the trends of the main injury indicators do not change significantly. Although certain trends such as the decreases in production and sales volumes would be less pronounced as compared to the conclusions in the provisional Regulation, other findings relating to the negative profitability of the Community industry, the huge increase of imports from the PRC and the severe price undercutting would remain unchanged. Furthermore, it should be noted that the period considered serves as an indicator of the evolution of the Community industry’s situation to determine whether it can be considered to be suffering material injury during the IP. In these circumstances, the argument of the parties is rejected on the ground that the injury picture would have continued to show material injury even if the period considered was extended by the first trimester of 2004.
EN Official Journal of the European Union L 180/25

Corrigendum to Commission Regulation (EC) No 438/2009 of 26 May 2009 opening and providing for the administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds

( Official Journal of the European Union L 128 of 27 May 2009 )

On page 58, Article 2(2):

for:

‘09.4197’,

read:

‘09.0115’.
EN Official Journal of the European Union L 242/35

Corrigendum to Commission Regulation (EC) No 734/2009 of 11 August 2009 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating in the People’s Republic of China by imports of steel ropes and cables consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not, and making such imports subject to registration

( Official Journal of the European Union L 208 of 12 August 2009 )

On page 9, Article 1:

for:

‘consigned from the Republic of Korea and Malaysia or not, whether declared as originating in the Republic of Korea and Malaysia or not’,

read:

‘consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not’.
EN Official Journal of the European Union L 307/9

Corrigendum to Commission Regulation (EC) No 1097/2009 of 16 November 2009 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for dimethoate, ethephon, fenamiphos, fenarimol, methamidophos, methomyl, omethoate, oxydemeton-methyl, procymidone, thiodicarb and vinclozolin in or on certain products

( Official Journal of the European Union L 301 of 17 November 2009 )

On page 22, Annex, footnotes ‘(*)’ and ‘(**)’ in the table:

for:

‘(*) Pesticide-code combination for which the MRL as set in Annex III Part B applies. (**) Indicates lower limit of analytical determination’,

read:
EN Official Journal of the European Union L 7/22

Corrigendum to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community

(codified version)

( Official Journal of the European Union L 343 of 22 December 2009 )

1. On page 51, recital 4:

for:

‘… the GATT Agreement establishes, …’,

read:

‘… the GATT establishes, …’;

2. on pages 51-52, recitals 7, 8 and 9 shall be deleted and on pages 52-53, recitals 10 to 34 shall become recitals 7 to 31;

3. on page 53, new recital 19:

for:

‘… referral to the WTO Anti-Dumping Committee, …’,

read:

‘… referral to the World Trade Organisation (WTO) Anti-Dumping Committee, …’;

4. on page 53, new recital 20:

for:

‘… may already be granted to importers may also be granted to …’,

read:

‘… may already be granted to importers under the present Regulation may also be granted to …’;

5. on page 55, footnote 1 to Article 2(7)(a):

for:

‘(1) Including Azerbaijan, Belarus, North Korea, Tajikistan, Turkmenistan and Uzbekistan.’,

read:

‘(1) Including Albania, Armenia, Azerbaijan, Belarus, Georgia, North Korea, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan and Uzbekistan.’;

6. on page 55, Article 2(7)(b):

for:

‘… imports from Kazakhstan and any non-market-economy country …’,

read:

‘… imports from the People’s Republic of China, Vietnam and Kazakhstan and any non-market-economy country …’;

7. on page 65, title of Article 12:

for:

‘Reinvestigation’,

read:

‘Absorption’;

8. on page 65, Article 12(2), the first and the second subparagraph shall be merged into one paragraph;

9. on page 73, Annex II, the correlation table shall read as follows:
EN Official Journal of the European Union L 338/105

Corrigendum to Commission Regulation (EC) No 1050/2009 of 28 October 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, acetamiprid, clomazone, cyflufenamid, emamectin benzoate, famoxadone, fenbutatin oxide, flufenoxuron, fluopicolide, indoxacarb, ioxynil, mepanipyrim, prothioconazole, pyridalyl, thiacloprid and trifloxystrobin in or on certain products

( Official Journal of the European Union L 290 of 6 November 2009 )

In the Annex to Regulation (EC) No 1050/2009:

— under point (1) referring to Annex II to Regulation (EC) No 396/2005, under the combinations:

Azoxystrobin — code number 0244000:

for:

‘’,

read:

‘0,2’;

Azoxystrobin — code number 0255000:

for:

‘’,

read:

‘0,2’;

Indoxacarb as sum of the isomers S and R (F) — code number 0255000:

for:

‘’,

read:

‘0,02 (*)’;

Ioxynil, including its esters expressed as ioxynil (F) — code number 0211000:

for:

‘’,

read:

‘0,05 (*)’;

Thiacloprid (F) — code number 0255000

for:

‘’,

read:

‘0,02 (*)’;

— under point (2)(a)(i) referring to Part A of Annex III to Regulation (EC) No 396/2005, under the combinations:

Fluopicolide — code number 0152000:

for:

‘’,

read:

‘0,01 (*)’;

Fluopicolide — code number 0211000:

for:

‘’,

read:

‘0,02’;

Fluopicolide — code number 0232990:

for:

‘’,

read:

‘0,01 (*)’;

Fluopicolide — code number 0234000:

for:

‘’,

read:

‘0,01 (*)’;

Fluopicolide — code number 0244000:

for:

‘’,

read:

‘0,01 (*)’;

— under point (2)(b) referring to Part B of Annex III to Regulation (EC) No 396/2005:

for:

‘Famoxadone’,

read:

‘Fenbutatin oxide (F)’;

for:

‘Fenbutatin oxide (F)’,

read:

‘Famoxadone’;

under the combination Trifloxystrobin — code number 0154080:

for:

‘0,02 (*)’,

read:

‘2’.
EN Official Journal of the European Union L 241/35

Corrigendum to Council Regulation (EC) No 664/2009 of 7 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations

( Official Journal of the European Union L 200 of 31 July 2009 )

On page 50, Article 12(2):

for:

‘2. Where, at the time of entry into force of this Regulation, a Member State has already completed the negotiations but has not yet concluded the agreement, Article 3, Article 8(2) to (4) and Article 9 shall apply.’,

read:
EN Official Journal of the European Union L 10/6

COMMISSION REGULATION (EC) No 23/2009

of 14 January 2009

derogating from Regulation (EC) No 1282/2001 as regards the final date for submitting harvest and production declarations for the 2008/09 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 23 thereof,

Whereas:

(1) Article 11(1) of Commission Regulation (EC) No 1282/2001 (2) requires wine growers to submit harvest and production declarations no later than 10 December, so that the volume of Community wine production can be known in good time.

(2) In one Member State, the need to adjust the computer system for handling compulsory declarations as a result of new measures introduced by Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005 and (EC) No 3/2008, and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (3), which are linked to the vineyard parcels of the vineyard register, particularly the distillation into potable alcohol, has caused a delay in the availability of this system to producers.

(3) In another Member State, some of the computer centres to which producers have to submit those declarations have experienced a problem of capacity. Those centres are unable to handle all declarations by the deadline.

(4) In order to rectify these two different situations, which are outside producers’ control, and therefore to avoid producers incurring unjustified penalties, they should be granted an extension for the submission of harvest and production declarations and the Member States should be allowed to extend this time frame to a final deadline.

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

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 11(1) of Regulation (EC) No 1282/2001, for the 2008/09 wine year the declarations referred to in Articles 2 and 4 of that Regulation may be submitted up to 31 December 2008. However, Member States may extend this time frame to 15 January 2009 at the latest.

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 10 December 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 January 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1.

(2) OJ L 176, 29.6.2001, p. 14.

(3) OJ L 148, 6.6.2008, p. 1.
EN Official Journal of the European Union L 4/7

COMMISSION REGULATION (EC) No 11/2009

of 7 January 2009

amending Regulation (EC) No 1347/2008 fixing the import duties in the cereals sector applicable from 1 January 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1) The import duties in the cereals sector applicable from 1 January 2009 were fixed by Commission Regulation (EC) No 1347/2008 (3).

(2) As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 1347/2008.

(3) Regulation (EC) No 1347/2008 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 1347/2008 are hereby replaced by the text 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.

It shall apply from 8 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 January 2009. For the Commission Jean-Luc DEMARTY Director-General for Agriculture and Rural Development

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

(2) OJ L 161, 29.6.1996, p. 125.

(3) OJ L 348, 24.12.2008, p. 81.

ANNEX I Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 8 January 2009 CN code Description Import duties (1) (EUR/t) 1001 10 00 Durum wheat, high quality 0,00 medium quality 0,00 low quality 0,00 1001 90 91 Common wheat seed 0,00 ex 1001 90 99 High quality common wheat, other than for sowing 0,00 1002 00 00 Rye 27,40 1005 10 90 Maize seed other than hybrid 19,22 1005 90 00 Maize, other than seed (2) 19,22 1007 00 90 Grain sorghum other than hybrids for sowing 27,40 (1) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of: — 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or — 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. (2) The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.
EN Official Journal of the European Union L 13/29

COMMISSION REGULATION (EC) No 35/2009

of 16 January 2009

amending Regulation (EC) No 27/2009 fixing the import duties in the cereals sector applicable from 16 January 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1) The import duties in the cereals sector applicable from 16 January 2009 were fixed by Commission Regulation (EC) No 27/2009 (3).

(2) As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 27/2009.

(3) Regulation (EC) No 27/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 27/2009 are hereby replaced by the text 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.

It shall apply from 17 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 January 2009. For the Commission Jean-Luc DEMARTY Director-General for Agriculture and Rural Development

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

(2) OJ L 161, 29.6.1996, p. 125.

(3) OJ L 11, 16.1.2009, p. 3.

ANNEX I Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 17 January 2009 CN code Description Import duties (1) (EUR/t) 1001 10 00 Durum wheat, high quality 0,00 medium quality 0,00 low quality 0,00 1001 90 91 Common wheat seed 0,00 ex 1001 90 99 High quality common wheat, other than for sowing 0,00 1002 00 00 Rye 14,73 1005 10 90 Maize seed other than hybrid 19,25 1005 90 00 Maize, other than seed (2) 19,25 1007 00 90 Grain sorghum other than hybrids for sowing 14,73 (1) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of: — 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or — 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. (2) The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.
EN Official Journal of the European Union L 24/3

COMMISSION REGULATION (EC) No 83/2009

of 27 January 2009

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/09 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 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 2008/09 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 50/2009 (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 945/2008 for the 2008/09, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 January 2009. For the Commission 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 258, 26.9.2008, p. 56.

(4) OJ L 17, 22.1.2009, p. 15.
EN Official Journal of the European Union L 38/1

COMMISSION REGULATION (EC) No 111/2009

of 6 February 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 7 February 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 February 2009. For the Commission 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.