L80 Official Journal
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Official Journal L 80 of the European Union Volume 63 English edition Legislation 17 March 2020 Contents II Non-legislative acts REGULATIONS ★ Commission Implementing Regulation (EU) 2020/404 of 12 March 2020 amending Regulation (EC) No 594/2009 concerning the classification of certain goods in the Combined Nomenclature . 1 ★ Commission Implementing Regulation (EU) 2020/405 of 16 March 2020 specifying the arrangements for, and contents of, the quality reports to be transmitted under Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics (1) . 3 DECISIONS ★ Commission Implementing Decision (EU) 2020/406 of 16 March 2020 amending the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2020) 1719) (1) . 8 ★ Decision (EU) 2020/407 of the European Central Bank of 16 March 2020 amending Decision (EU) 2019/1311 on a third series of targeted longer-term refinancing operations (ECB/2020/13) . 23 (1) Text with EEA relevance. 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. EN The titles of all other acts are printed in bold type and preceded by an asterisk. 17.3.2020 EN Offi cial Jour nal of the European Uni on L 80/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) 2020/404 of 12 March 2020 amending Regulation (EC) No 594/2009 concerning the classification of certain goods in the Combined Nomenclature THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof, Whereas: (1) By Commission Regulation (EC) No 594/2009 (2), a product described in the row corresponding to item 1 in the table in the Annex to that Regulation as consisting of vinylidene fluoride and hexafluoro propylene copolymer in primary form has been classified under CN code 3904 69 90. (2) By Commission Regulation (EU) No 861/2010 (3) CN code ‘3904 69 90 Other’ was replaced by CN codes ‘3904 69 20 Fluoroelastomer FKM’ and ‘3904 69 80 Other’ to introduce a specific CN code for fluoroelastomers FKM. (3) By Commission Implementing Regulation (EU) No 441/2013 (4) CN code 3904 69 90 was replaced by CN code 3904 69 80 in the Annex to Regulation (EC) No 594/2009. Thus, classification of the product described in the row corresponding to item 1 in the table in the Annex to Regulation (EC) No 594/2009 under ‘other’ was maintained contrary to the general rule that the heading which provides for the most specific description is to be preferred to headings providing a more general description. (4) Products such as the one described in the row corresponding to item 1 in the table set out in the Annex to Regulation (EC) No 594/2009 are to be classified in the specific CN code 3904 69 20 ‘Fluoroelastomers FKM’ but not in the residual subheading ‘other’. (5) As a consequence, the row for point 1 in the table set out in the Annex to Regulation (EC) No 594/2009 should be deleted. (6) It is appropriate to provide that binding tariff information issued on the basis of Regulation (EU) No 594/2009 in respect of the goods concerned by this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months. (7) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, (1) OJ L 269, 10.10.2013, p. 1. (2) Commission Regulation (EC) No 594/2009 of 8 July 2009 concerning the classification of certain goods in the Combined Nomenclature (OJ L 178, 9.7.2009, p. 14). (3) Commission Regulation (EU) No 861/2010 of 5 October 2010 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 284, 29.10.2010, p. 1). (4) Commission Implementing Regulation (EU) No 441/2013 of 7 May 2013 amending or repealing certain regulations on the classification of goods in the Combined Nomenclature (OJ L 130, 15.5.2013, p. 1). L 80/2 EN Offi cial Jour nal of the European Union 17.3.2020 HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 594/2009 is amended as follows: (1) in Article 2, the following paragraph is added: ‘Binding tariff information issued in accordance with this Regulation as amended by Implementing Regulation (EU) No 441/2013 in respect of the goods described in column (1) of point 1 of the table set out in the Annex to this Regulation in its version adopted on 8 July 2009 may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from 6 April 2020.’; (2) the row for point 1 in the table set out in the Annex is deleted. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 March 2020. For the Commission, On behalf of the President, Stephen QUEST Director-General Directorate-General for Taxation and Customs Union 17.3.2020 EN Offi cial Jour nal of the European Uni on L 80/3 COMMISSION IMPLEMENTING REGULATION (EU) 2020/405 of 16 March 2020 specifying the arrangements for, and contents of, the quality reports to be transmitted under Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (1), and in particular Article 11(4) thereof, Whereas: (1) Article 11(4) of Regulation (EU) 2018/1091 requires the Member States to transmit to the Commission quality reports describing the statistical process for each reference year, and allows the Commission to adopt implementing acts setting out the practical arrangements for, and the contents of, those reports. (2) There is a need to ensure common quality reporting for the exchange of quality-related data and metadata. (3) The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, HAS ADOPTED THIS REGULATION: Article 1 This Regulation lays down the practical arrangements for, and the contents of, the quality reports that Member States transmit to the Commission (Eurostat) in accordance with Regulation (EU) 2018/1091. Article 2 The quality reports referred to in Article 1 shall contain information on the quality criteria and statistical concepts as set out in the Annex to this Regulation. They shall also refer to all cases of non-compliance with those quality criteria. 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. (1) OJ L 200, 7.8.2018, p. 1. L 80/4 EN Offi cial Jour nal of the European Union 17.3.2020 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 March 2020. For the Commission The President Ursula VON DER LEYEN 17.3.2020 EN Offi cial Jour nal of the European Uni on L 80/5 ANNEX Quality reports – quality criteria and statistical concepts (a) The quality reports must include information on all the quality criteria referred to in Article 12(1) of Regulation (EC) No 223/2009, as follows: 1. RELEVANCE (a) a description of users, their respective needs and a justification of those needs; (b) procedures used to measure user satisfaction and produce the statistical results; (c) the extent to which the required statistics are available. 2. ACCURACY (a) an accuracy assessment that summarises the various dataset components; (b) a description of sampling errors; (c) a description of any other errors. 3. TIMELINESS AND PUNCTUALITY (a) the time-lag between the event or phenomenon described and the data availability (timeliness); (b) the time-lag between the target date for data delivery and the actual delivery date (punctuality). 4. ACCESSIBILITY AND CLARITY (a) conditions and means by which users can obtain and use the data, e.g. news releases, publications, online databases or micro data access; (b) conditions and means by which users can interpret the data, e.g. documentation on methodology and quality management. 5. COMPARABILITY (a) the extent to which statistics are comparable between geographical areas; (b) the extent to which statistics are comparable over time. 6. COHERENCE (a) the extent to which statistics are reconcilable with data from other sources (cross-domain coherence); (b) the extent to which statistics are consistent within a given dataset (internal coherence). (b) Member States must also report on: 1. QUALITY MANAGEMENT (a) the systems and frameworks in place to manage the quality of statistical products and processes; (b) their assessment of the quality of the data.