title: Commission Implementing Regulation (EU) No 1066/2014 of 9 October 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               10.10.2014

               EN

               Official Journal of the European Union

               L 294/41

         COMMISSION IMPLEMENTING REGULATION (EU) No 1066/2014
   of 9 October 2014
   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.

               (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, 9 October 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  305,5

                  MK

                  57,4

                  XS

                  75,9

                  ZZ

                  146,3

                  0707 00 05

                  MK

                  29,8

                  TR

                  95,4

                  ZZ

                  62,6

                  0709 93 10

                  TR

                  118,0

                  ZZ

                  118,0

                  0805 50 10

                  AR

                  113,6

                  BR

                  84,6

                  CL

                  104,9

                  IL

                  102,2

                  TR

                  126,7

                  UY

                  58,0

                  ZA

                  138,9

                  ZZ

                  104,1

                  0806 10 10

                  BR

                  151,1

                  MK

                  31,8

                  TR

                  134,4

                  ZZ

                  105,8

                  0808 10 80

                  BA

                  57,3

                  BR

                  51,7

                  CL

                  76,3

                  NZ

                  132,8

                  US

                  192,8

                  ZA

                  121,0

                  ZZ

                  105,3

                  0808 30 90

                  CN

                  95,2

                  TR

                  124,7

                  ZZ

                  110,0

         (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’.


title: Commission Implementing Regulation (EU) 2015/769 of 12 May 2015 amending for the 231st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network

text:
               14.5.2015

               EN

               Official Journal of the European Union

               L 121/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/769
   of 12 May 2015
   amending for the 231st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (1) and in particular Article 7(1)(a) and Article 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 30 April 2015, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove six persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 May 2015.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      In Annex I to Regulation (EC) No 881/2002, the following entries under the heading ‘Natural persons’ are deleted:

                  (a)

                     ‘Riadh Ben Belkassem Ben Mohamed Al-Jelassi. Address: Italy. Date of birth: 15.12.1970. Place of birth: Al-Mohamedia, Tunisia. Nationality: Tunisian. Passport No: L276046 (Tunisian passport issued on 1.7.1996 which expired on 30.6.2001). Other information: (a) Mother's name is Reem Al-Askari, (b) Member of Tunisian Combatant Group. Date of designation referred to in Article 2a(4)(b): 3.9.2002.’

                  (b)

                     ‘Samir Abd El Latif El Sayed Kishk (alias Samir Abdellatif el Sayed Keshk). Date of birth: 14.5.1955. Place of birth: Gharbia, Egypt. Nationality: Egyptian. Other information: Deported from Italy to Egypt on 2.7.2003. Date of designation referred to in Article 2a (4)(b): 3.9.2002.’

                  (c)

                     ‘Al-Azhar Ben Mohammed Ben El-Abed Al-Tlili (alias Lazar Ben Mohammed Tlili). Address: Via Carlo Porta 97, Legnano, Italy. Date of birth: 26.3.1969. Place of birth: Feriana, Al-Kasrain, Tunisia. Nationality: Tunisian. Passport No: M351140 (Tunisian passport expired on 16.6.2005). Other information: (a) Italian fiscal code: TLLLHR69C26Z352G; (b) Released from prison in Italy on 15.1.2007 (c) Mother's name is Essayda Bint Salih Al-Tlili. Date of designation referred to in Article 2a(4)(b): 3.9.2002.’

                  (d)

                     ‘Faouzi Ben Mohamed Ben Ahmed Al-Jendoubi (alias (a) Jendoubi Faouzi, (b) Said, (c) Samir). Date of birth: 30.1.1966. Place of birth: (a) Tunis, Tunisia; (b) Morocco. Nationality: Tunisian. Passport No: K459698 (Tunisian passport issued on 6.3.1999, expired on 5.3.2004). Other information: (a) Mother's name is Um Hani al-Tujani; (b) Inadmissible to the Schengen area; (c) Reported untraceable by the Italian authorities since June 2002. Date of designation referred to in Article 2a (4) (b): 25.6.2003.’

                  (e)

                     ‘Ahmed Hosni Rarrbo (alias (a) Rarrbo Abdallah, (b) Rarrbo Abdullah, (c) Rarrbo Ahmed Hosni). Address: Algeria. Date of birth: 12.9.1974. Place of birth: (a) Bologhine, Algeria; (b) France. Nationality: Algerian. Date of designation referred to in Article 2a(4)(b): 25.6.2003.’

                  (f)

                     ‘Najib Ben Mohamed Ben Salem Al-Waz (alias (a) Ouaz Najib, (b) Ouaz Nagib). Address: Via Tovaglie Number 26, Bologna, Italy. Date of birth: 12.4.1960. Place of birth: Al Haka'imah, Governorate of Mahdia, Tunisia. Nationality: Tunisian. Passport No: K815205 (Tunisian passport issued on 17.9.1994, expired on 16.9.1999). Other information: (a) Mother's name is Salihah Amir; (b) Inadmissible to the Schengen area. Date of designation referred to in Article 2a(4) (b): 25.6.2003.’


title: Commission Implementing Regulation (EU) No 1280/2013 of 9 December 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Cítricos Valencianos/Cítrics Valencians (PDO)]

text:
               11.12.2013

               EN

               Official Journal of the European Union

               L 332/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 1280/2013
   of 9 December 2013
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Cítricos Valencianos/Cítrics Valencians (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Cítricos Valencianos/Cítrics Valencians’, registered under Commission Regulation (EC) No 865/2003 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
   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, 9 December 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  OJ L 124, 20.5.2003, p. 17.

      (3)  OJ C 168, 14.6.2013, p. 26.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      SPAIN
      Cítricos Valencianos/Cítrics Valencians (PDO)


title: Commission Implementing Regulation (EU) 2017/1524 of 5 September 2017 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

text:
               6.9.2017

               EN

               Official Journal of the European Union

               L 230/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1524
   of 5 September 2017
   withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Having regard to Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (3), and in particular Article 3 thereof,
   Having regard to Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036 (4), and in particular Article 2 thereof,
   Having regard to Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (5), and in particular Article 2 thereof,
   Having regard to Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037 (6), and in particular Article 2 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (7), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

               (2)

               A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (8), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (9), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (10) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

                           (a)

                           Alternative Energy (AE) Solar Co. Ltd covered the TARIC additional code: B799 (‘AE Solar’)

                           (b)

                           Wuxi Saijing Solar Co. Ltd covered by the TARIC additional code: B890 (‘Wuxi Saijing’).

               (6)

               By Implementing Decision 2014/657/EU (11), the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to thereafter as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (12), the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (13), the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (14), the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (16) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (17) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (18), the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (19), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (15)

               By Implementing Regulation (EU) 2016/184 (20), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (16)

               By Implementing Regulation (EU) 2016/1045 (21), the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (17)

               By Implementing Regulation (EU) 2016/1382 (22), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (18)

               By Implementing Regulation (EU) 2016/1402 (23), the Commission withdrew the acceptance of the undertaking for another three exporting producers.

               (19)

               By Implementing Regulation (EU) 2016/1998 (24), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (20)

               By Implementing Regulation (EU) 2016/2146 (25), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

               (21)

               Following the expiry and interim reviews referred to in recitals 10-12, the Commission maintained the measures in force by Implementing Regulations (EU) 2017/366 and (EU) 2017/367.

               (22)

               The Commission also initiated a partial interim review on the form of measures by a Notice of Initiation published in the Official Journal of the European Union
                   (26) on 3 March 2017.

               (23)

               By Implementing Regulation (EU) 2017/454 (27), the Commission withdrew the acceptance of the undertaking for four exporting producers.

               (24)

               By Implementing Decision (EU) 2017/615 (28), the Commission accepted a proposal by a group of exporting producers together with the CCCME concerning the implementation of the undertaking.

               (25)

               By Implementing Regulation (EU) 2017/941 (29), the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (26)

               By Implementing Regulation (EU) 2017/1408 (30), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

               (27)

               By Implementing Regulation (EU) 2017/1497 (31), the Commission withdrew the acceptance of the undertaking for one exporting producer.

         B.   TERMS OF THE UNDERTAKING

               (28)

               The exporting producers agreed, inter alia, not to sell the product covered to the first independent customer in the Union below a certain minimum import price (‘the MIP’) within the associated annual level of imports to the Union (‘annual level’) laid down in the undertaking. The MIP is set on a cash equivalent basis. If the payment term is different from the cash equivalent basis, a certain deduction is applied to the invoice value when compliance with the MIP is compared.

               (29)

               The exporting producers also agreed to sell the product covered only by means of direct sales. For the purpose of the undertaking, a direct sale is defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking.

               (30)

               The undertaking also clarifies, in a non-exhaustive list, what constitutes a breach of the undertaking. That list includes, in particular, making compensatory arrangements with customers and taking part in a trading system leading to a risk of circumvention. The list also includes indirect sales to the Union by companies other than those listed in the undertaking. In addition, giving misleading descriptions of the characteristics of the modules also constitutes a breach.

               (31)

               The undertaking also obliges the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to and re-sales in the Union (‘the quarterly reports’). This implies that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully comply with the terms of the undertaking. Reporting of re-sales in the Union is a particular obligation when the product covered is sold to the first independent customer through a related importer. Only these reports enable the Commission to monitor whether the re-sale price of the related importer to the first independent customer is in accordance the MIP.

               (32)

               The exporting producer is liable for the breach of any of its related parties, whether or not listed in the undertaking.

               (33)

               The exporting producers also undertook to consult the Commission regarding any difficulties or questions, technical or otherwise, which may arise during the implementation of the undertaking.

         C.   MONITORING OF THE EXPORTING PRODUCERS

               (34)

               While monitoring compliance with the undertaking, the Commission verified information submitted by AE Solar and Wuxi Saijing that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of AE Solar.

               (35)

               The Commission also requested assistance and received evidence from customs authorities of one Member State on the basis of Articles 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(9) and 24(7) of the basic anti-subsidy Regulation.

               (36)

               The findings listed in recitals 37 to 42 address the problems identified for AE Solar and Wuxi Saijing which oblige the Commission to withdraw acceptance of the undertaking for those two exporting producers.

         D.   GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING
   (a)   AE Solar

               (37)

               In its quarterly reports, AE Solar had reported several sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. Based on the information available to the Commission, the importer involved in these transactions was however related to AE Solar. The name of the allegedly unrelated importer in the Union is nearly identical to AE Solar's, they have the same web address structure and share the same logo. In addition, the web page of the allegedly unrelated importer refers to its production site in Asia. The web contact of AE Solar's sales manager automatically transfers to the website of the allegedly unrelated importer in the Union, hence suggesting this party being related to AE Solar under Article 127(1)(a) of Commission Implementing Regulation (EU) 2015/2447 (32) (‘Union Customs Code Implementing Act’). In addition, in its quarterly reports, AE Solar used the customer number allocated to the above allegedly unrelated importer to report sales to a different customer in the Union, hence putting into question the correctness of the reports as referred to in recital 30. In addition, publicly available information suggests this latter customer in the Union being a related party of AE Solar too. The name of the sales contact of this customer in the Union is identical with the sales manager of AE Solar, hence related to AE Solar under Article 127(1)(a) of the Union Customs Code Implementing Act. As none of these importers are listed as a related party in the undertaking, AE Solar breached the terms of the undertaking as described in recitals 28 to 30.

               (38)

               None of the re-sales by the related importers was reported to the Commission. Consequently, AE Solar also breached the terms of the undertaking as described in recitals 31 and 32.

         (b)   Wuxi Saijing

               (39)

               Based on the evidence received from customs authorities, Wuxi Saijing had set up a trading system with one unrelated importer to sell solar modules below the MIP since the entry into force of the undertaking. Wuxi Saijing issued undertaking invoices respecting the MIP to this customer and the customer first paid the face value due for these transactions to Wuxi Saijing.

               (40)

               However, Wuxi Saijing and its unrelated customer referred to in recital 39 kept a parallel sales record tracking the difference between the face value of the undertaking invoice prices and the actual sales prices, which latter were systematically below the MIP. Wuxi Saijing compensated its unrelated customer for the difference between the face value and the actual sales price by payments of private invoices. Such pattern constitutes a breach of the undertaking as referred in recitals 28 and 30.

               (41)

               Wuxi Saijing also breached its reporting obligation as described in recital 31 by not reporting the above benefits granted to its unrelated customer.

               (42)

               Finally, based on the evidence received from customs authorities, Wuxi Saijing issued several undertaking invoices for modules to which so-called optimisers were attached. These products are classifiable under CN code ex 8501 31 00 and are not covered by the undertaking. Wuxi Saijing had declared these products as solar panels under CN code ex 8541 40 90 and had obtained export undertaking certificates for these products. Such practise also constitutes a breach of the undertaking as described in recital 30 as the characteristics of the products were misleadingly described.

         E.   INVALIDATION OF UNDERTAKING INVOICES

               (43)

               The indirect sales transactions made by AE Solar are linked to the following undertaking invoices:

                           Number of Commercial invoice accompanying goods subject to an undertaking

                           Date

                           AE-20150703-AE

                           20.7.2015

                           AE-20151026-AE

                           14.11.2015

                           PRAF02316001-1

                           31.3.2016

                           AE-20160513-AE

                           1.6.2016

                           AE-20160530-AE

                           15.6.2016

                           PRAF02316001-2

                           22.4.2016

                           AE2017051002

                           15.5.2017

               (44)

               The sales transactions made by Wuxi Saijing to the unrelated customer referred to in recitals 39 are linked to the following undertaking invoices:

                           Number of Commercial invoice accompanying goods subject to an undertaking

                           Date

                           PI-EC130821KR

                           21.8.2013

                           PI-EC130924KR

                           24.9.2013

                           PI-EC130909KR-1

                           9.9.2013

                           PI-EC130909KR-2

                           9.9.2013

                           PI-EC130930KR

                           24.10.2013

                           PI-EC131008KR

                           4.11.2013

                           PI-EC140222KR

                           4.3.2014

                           PI-EC140114KR

                           22.1.2014

                           PI-EC140207KR

                           4.3.2014

                           PI-EC140513KR

                           18.6.2014

                           PI-EC140416KR

                           24.4.2014

                           PI-EC140919KR

                           23.9.2014

                           PI-EC140623KR

                           8.7.2014

                           PI-EC140821KR

                           8.9.2014

                           PI-EC140714KR

                           23.7.2014

                           PI-EC140804KR

                           25.8.2014

                           PI-EC140919KR-M

                           30.10.2014

                           PI-EC140925KR

                           11.10.2014

                           PI-EC150319KR-1

                           24.3.2015

                           PI-EC150113KR-55

                           30.1.2015

                           PI-EC150326KR

                           26.3.2015

                           PI-EC150319KR-2R

                           24.3.2015

                           PI-EC150109KR

                           16.1.2015

                           PI-EC150113KR-57

                           16.3.2015

                           PI-EC150429KR-1

                           2.6.2015

                           PI-EC150429KR-2

                           2.6.2015

                           PI-EC150113KR-57R

                           26.5.2015

                           PI-EC150617KR

                           7.8.2015

                           PI-EC15813KR

                           6.9.2015

                           PI-EC150907KR

                           11.11.2015

                           PI-EC15831KR

                           12.10.2015

                           PI-EC151013KR

                           11.11.2015

                           PI-EC150906KR

                           1.11.2015

                           PI-EC150918KR

                           11.11.2015

                           PI-EC150930KR

                           1.11.2015

                           PI-EC151025KR

                           23.12.2015

                           PI-EC160113KR

                           28.1.2016

                           PI-EC151224KR4

                           18.1.2016

                           PI-EC160111KR

                           16.2.2016

                           PI-EC160112KR

                           16.2.2016

                           PI-EC151224KR3

                           18.1.2016

                           PI-EC151224KR2

                           13.1.2016

                           PI-EC160115KR

                           28.1.2016

                           PI-EC160114KR

                           16.2.2016

                           PI-EC160202KR

                           28.3.2016

                           PI-EC151224KR1

                           13.1.2016

                           PI-EC160316KR-R

                           12.4.2016

                           PI-EC160320KR

                           27.4.2016

                           PI-EC160317KR-R

                           14.4.2016

                           PI-EC160401KR2

                           12.5.2016

                           PI-EC160408KR-R

                           4.5.2016

                           PI-EC160318KR-R

                           22.4.2016

                           PI-EC160401KR1

                           12.5.2016

                           PI-EC160407KR-R

                           4.5.2016

                           PI-EC160409KR

                           31.5.2016

                           PI-EC160410KR

                           7.6.2016

                           PI-EC160319KR

                           25.4.2016

                           PI-EC160428KR-1

                           18.7.2016

               (45)

               Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, these invoices are declared invalid. The customs debt incurred at the time of acceptance of the declaration for release into free circulation should be recovered by the national customs authorities under Article 105(3)-(6) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (33) when the withdrawal of the undertaking in relation to the two exporting producers enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.

               (46)

               In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) No 1238/2013, Article (2)(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) 2017/367 and to Article 2(1)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) No 1239/2013, Article 2(2)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) 2017/366, imports are only exempted from duties if the invoice indicates the price and possible rebates for the product covered. Where those conditions are not complied with, duties are due, even where the commercial invoice accompanying the goods has not been invalidated by the Commission.

         F.   ASSESSMENT OF PRACTICABILITY OF THE OVERALL UNDERTAKING

               (47)

               The undertaking stipulates that a breach by an individual exporting producer does not automatically lead to the withdrawal of the acceptance of the undertaking for all exporting producers. In such a case, the Commission should assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (48)

               The Commission accordingly assessed the impact of the breaches by AE Solar and Wuxi Saijing on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (49)

               The responsibility for the breaches lies alone with the exporting producers in question; the monitoring has not revealed any systematic breaches by a major number of exporting producers or the CCCME.

               (50)

               The Commission therefore concluded that the overall functioning of the undertaking is not affected and that there are no grounds for withdrawal of the acceptance of the undertaking for all exporting producers and the CCCME.

         G.   WRITTEN SUBMISSIONS AND HEARINGS

               (51)

               Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation. Both exporting producers and two importers submitted comments.

               (52)

               Regarding AE Solar, the allegedly unrelated importer in the Union confirmed the relationship between the two companies, however, it alleged that it had never sold modules or cells below the MIP to the first independent customer in the Union. The Commission considers that the relationship on its own constitutes a breach of the undertaking and that the invoices relating to the indirect sales to this importer were not made and reported in conformity with the undertaking. The Commission therefore rejects this argument. In addition, the Commission notes that the invoices submitted by AE Solar do not prove that the MIP was respected for the above transactions as the resale invoices covered both solar panels and other products.

               (53)

               Wuxi Saijing submitted that it had never compensated the unrelated importer in the Union and submitted a corresponding global statement by an auditor. The Commission cannot accept this global statement which does not contain any further evidence on the lack of compensation to the unrelated importer, in particular to refute the arguments and evidence on the compensation disclosed to Wuxi Saijing. The Commission therefore rejects the argument.

               (54)

               Both Wuxi Saijing and the unrelated importer in the Union submitted that the products referred to in recital 42 should be classified under CN code ex 8541 40 90 and referred to various technical specifications. The Commission rejects this argument as the classification of products is made following an importer's declaration and lies with the responsibility of national customs authorities who had classified the products under CN code ex 8501 31 00. Any disagreement on the classification of the product should, accordingly, be addressed to the national customs authorities directly.

               (55)

               Wuxi Saijing's unrelated importer requested access to confidential information which had been disclosed to Wuxi Saijing. The Commission rejects this request for disclosure as the unrelated importer is not party to the undertaking and because the disclosure contains confidential business information of Wuxi Saijing.

         H.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

               (56)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission concluded that the acceptance of the undertaking for AE Solar and Wuxi Saijing should be withdrawn.

               (57)

               Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 and maintained by Article 1 of Implementing Regulation (EU) 2017/366 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by AE Solar and Wuxi Saijing as of the day of entry into force of this Regulation.

               (58)

               The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate, on the basis of Article 4(3) of the Treaty, the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings.

               (59)

               For information purposes the table in the Annex II to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to the following companies is hereby withdrawn:

               Name of the company

               TARIC additional code

               Alternative Energy (AE) Solar Co. Ltd

               B799

               Wuxi Saijing Solar Co. Ltd

               B890

         Article 2
   1.   The undertaking invoices listed in Annex I to this Regulation are declared invalid.
   2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 shall be collected.
   Article 3
   1.   Where customs authorities have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by one of the companies from which the undertaking was initially accepted by Implementing Decision 2013/707/EU does not correspond to the price paid and that therefore those companies may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price (‘MIP’) on the day when the undertaking invoice was issued.
   2.   Where that verification reveals that the price paid is lower than the MIP, the duties due as a consequence under Article 8(9) of Regulation (EU) 2016/1036 and Article 13(9) of Regulation (EU) 2016/1037 shall be collected.
   Where that verification reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.
   3.   The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  OJ L 325, 5.12.2013, p. 1.

      (4)  OJ L 56, 3.3.2017, p. 131.

      (5)  OJ L 325, 5.12.2013, p. 66.

      (6)  OJ L 56, 3.3.2017, p. 1.

      (7)  OJ L 152, 5.6.2013, p. 5.

      (8)  OJ L 209, 3.8.2013, p. 26.

      (9)  OJ L 209, 3.8.2013, p. 1.

      (10)  OJ L 325, 5.12.2013, p. 214.

      (11)  OJ L 270, 11.9.2014, p. 6.

      (12)  OJ L 139, 5.6.2015, p. 30.

      (13)  OJ L 218, 19.8.2015, p. 1.

      (14)  OJ L 295, 12.11.2015, p. 23.

      (15)  OJ C 405, 5.12.2015, p. 8.

      (16)  OJ C 405, 5.12.2015, p. 20.

      (17)  OJ C 405, 5.12.2015, p. 33.

      (18)  OJ L 23, 29.1.2016, p. 47.

      (19)  OJ L 37, 12.2.2016, p. 76.

      (20)  OJ L 37, 12.2.2016, p. 56.

      (21)  OJ L 170, 29.6.2016, p. 5.

      (22)  OJ L 222, 17.8.2016, p. 10.

      (23)  OJ L 228, 23.8.2016, p. 16.

      (24)  OJ L 308, 16.11.2016, p. 8.

      (25)  OJ L 333, 8.12.2016, p. 4.

      (26)  OJ C 67, 3.3.2017, p. 16.

      (27)  OJ L 71, 16.3.2017, p. 5.

      (28)  OJ L 86, 31.3.2017, p. 14.

      (29)  OJ L 142, 2.6.2017, p. 43.

      (30)  OJ L 201, 2.8.2017, p. 3.

      (31)  OJ L 218, 24.8.2017, p. 10.

      (32)  OJ L 343, 29.12.2015, p. 558.

      (33)  OJ L 269, 10.10.2013, p. 1.

      ANNEX I
      List of undertaking invoices issued by Alternative Energy (AE) Solar Co. Ltd, which are declared invalid:

                  Number of Commercial invoice accompanying goods subject to an undertaking

                  Date

                  AE-20150703-AE

                  20.7.2015

                  AE-20151026-AE

                  14.11.2015

                  PRAF02316001-1

                  31.3.2016

                  AE-20160513-AE

                  1.6.2016

                  AE-20160530-AE

                  15.6.2016

                  PRAF02316001-2

                  22.4.2016

                  AE2017051002

                  15.5.2017

            List of undertaking invoices issued by Wuxi Saijing Solar Co. Ltd, which are declared invalid:

                  Number of Commercial invoice accompanying goods subject to an undertaking

                  Date

                  PI-EC130821KR

                  21.8.2013

                  PI-EC130924KR

                  24.9.2013

                  PI-EC130909KR-1

                  9.9.2013

                  PI-EC130909KR-2

                  9.9.2013

                  PI-EC130930KR

                  24.10.2013

                  PI-EC131008KR

                  4.11.2013

                  PI-EC140222KR

                  4.3.2014

                  PI-EC140114KR

                  22.1.2014

                  PI-EC140207KR

                  4.3.2014

                  PI-EC140513KR

                  18.6.2014

                  PI-EC140416KR

                  24.4.2014

                  PI-EC140919KR

                  23.9.2014

                  PI-EC140623KR

                  8.7.2014

                  PI-EC140821KR

                  8.9.2014

                  PI-EC140714KR

                  23.7.2014

                  PI-EC140804KR

                  25.8.2014

                  PI-EC140919KR-M

                  30.10.2014

                  PI-EC140925KR

                  11.10.2014

                  PI-EC150319KR-1

                  24.3.2015

                  PI-EC150113KR-55

                  30.1.2015

                  PI-EC150326KR

                  26.3.2015

                  PI-EC150319KR-2R

                  24.3.2015

                  PI-EC150109KR

                  16.1.2015

                  PI-EC150113KR-57

                  16.3.2015

                  PI-EC150429KR-1

                  2.6.2015

                  PI-EC150429KR-2

                  2.6.2015

                  PI-EC150113KR-57R

                  26.5.2015

                  PI-EC150617KR

                  7.8.2015

                  PI-EC15813KR

                  6.9.2015

                  PI-EC150907KR

                  11.11.2015

                  PI-EC15831KR

                  12.10.2015

                  PI-EC151013KR

                  11.11.2015

                  PI-EC150906KR

                  1.11.2015

                  PI-EC150918KR

                  11.11.2015

                  PI-EC150930KR

                  1.11.2015

                  PI-EC151025KR

                  23.12.2015

                  PI-EC160113KR

                  28.1.2016

                  PI-EC151224KR4

                  18.1.2016

                  PI-EC160111KR

                  16.2.2016

                  PI-EC160112KR

                  16.2.2016

                  PI-EC151224KR3

                  18.1.2016

                  PI-EC151224KR2

                  13.1.2016

                  PI-EC160115KR

                  28.1.2016

                  PI-EC160114KR

                  16.2.2016

                  PI-EC160202KR

                  28.3.2016

                  PI-EC151224KR1

                  13.1.2016

                  PI-EC160316KR-R

                  12.4.2016

                  PI-EC160320KR

                  27.4.2016

                  PI-EC160317KR-R

                  14.4.2016

                  PI-EC160401KR2

                  12.5.2016

                  PI-EC160408KR-R

                  4.5.2016

                  PI-EC160318KR-R

                  22.4.2016

                  PI-EC160401KR1

                  12.5.2016

                  PI-EC160407KR-R

                  4.5.2016

                  PI-EC160409KR

                  31.5.2016

                  PI-EC160410KR

                  7.6.2016

                  PI-EC160319KR

                  25.4.2016

                  PI-EC160428KR-1

                  18.7.2016

      ANNEX II
      List of companies:

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Anhui Chaoqun Power Co. Ltd

                  B800

                  Anji DaSol Solar Energy Science & Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Anhui Titan PV Co. Ltd

                  B803

                  Xi'an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG'O SOLAR EQUIPMENT

                  B804

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Shangyou Lianyi Electronic Co. Ltd

                  B807

                  CHINALAND SOLAR ENERGY CO. LTD

                  B808

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
                  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

                  B812

                  CSG PVtech Co. Ltd

                  B814

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  EOPLLY New Energy Technology Co. Ltd
                  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
                  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

                  B817

                  Zheijiang Era Solar Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun New Material Co. Ltd

                  B824

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD

                  B828

                  Himin Clean Energy Holdings Co. Ltd

                  B829

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd
                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi Risun Solar Energy Co. Ltd

                  B841

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  King-PV Technology Co. Ltd

                  B848

                  Kinve Solar Power Co. Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo South New Energy Technology Co. Ltd

                  B861

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science & Technology Co. Ltd

                  B863

                  Perfectenergy (Shanghai) Co. Ltd

                  B864

                  Perlight Solar Co. Ltd

                  B865

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  Shanghai ST Solar Co. Ltd
                  Jiangsu ST Solar Co. Ltd

                  B876

                  Shenzhen Sacred Industry Co. Ltd

                  B878

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD
                  NINGBO SUN EARTH SOLAR POWER CO. LTD
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  TDG Holding Co. Ltd

                  B884

                  Tianwei New Energy Holdings Co. Ltd
                  Tianwei New Energy (Chengdu) PV Module Co. Ltd
                  Tianwei New Energy (Yangzhou) Co. Ltd

                  B885

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Shanghai Topsolar Green Energy Co. Ltd

                  B877

                  Shenzhen Sungold Solar Co. Ltd

                  B879

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Taichang Electronic Co. Ltd
                  China Machinery Engineering Wuxi Co. Ltd
                  Wuxi Taichen Machinery & Equipment Co. Ltd

                  B893

                  Xi'an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation
                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Yuhuan Sinosola Science & Technology Co. Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Heda Solar Technology Co. Ltd

                  B905

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Koly Energy Co. Ltd

                  B908

                  Zhejiang Mega Solar Energy Co. Ltd
                  Zhejiang Fortune Photovoltaic Co. Ltd

                  B910

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Shinew Photoelectronic Technology Co. Ltd

                  B912

                  Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

                  B914

                  Zhejiang Sunrupu New Energy Co. Ltd

                  B915

                  Zhejiang Tianming Solar Technology Co. Ltd

                  B916

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Wanxiang Solar Co. Ltd
                  WANXIANG IMPORT & EXPORT CO. LTD

                  B918

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920


title: Commission Implementing Regulation (EU) No 128/2014 of 5 February 2014 entering a name in the register of protected designations of origin and protected geographical indications [Gofio Canario (PGI)]

text:
               11.2.2014

               EN

               Official Journal of the European Union

               L 40/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 128/2014
   of 5 February 2014
   entering a name in the register of protected designations of origin and protected geographical indications [Gofio Canario (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain’s application to register the name ‘Gofio Canario’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Gofio Canario’ should therefore 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 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, 5 February 2014.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  OJ C 251, 31.8.2013, p. 13.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      SPAIN
      Gofio Canario (PGI)


title: Commission Implementing Regulation (EU) No 357/2011 of 12 April 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.4.2011

               EN

               Official Journal of the European Union

               L 98/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 357/2011
   of 12 April 2011
   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 13 April 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 April 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

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

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  EG

                  74,4

                  JO

                  68,6

                  MA

                  47,4

                  TN

                  113,1

                  TR

                  83,5

                  ZZ

                  77,4

                  0707 00 05

                  EG

                  152,2

                  TR

                  136,6

                  ZZ

                  144,4

                  0709 90 70

                  MA

                  82,8

                  TR

                  112,8

                  ZA

                  15,5

                  ZZ

                  70,4

                  0805 10 20

                  EG

                  60,2

                  IL

                  77,0

                  MA

                  50,4

                  TN

                  47,1

                  TR

                  73,9

                  ZZ

                  61,7

                  0805 50 10

                  EG

                  53,5

                  TR

                  50,7

                  ZZ

                  52,1

                  0808 10 80

                  AR

                  105,9

                  BR

                  82,2

                  CA

                  114,9

                  CL

                  92,2

                  CN

                  122,4

                  MK

                  50,2

                  NZ

                  122,7

                  US

                  121,4

                  UY

                  57,7

                  ZA

                  86,0

                  ZZ

                  95,6

                  0808 20 50

                  AR

                  91,2

                  CL

                  119,7

                  CN

                  85,8

                  US

                  72,1

                  ZA

                  89,2

                  ZZ

                  91,6

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


title: Commission Implementing Regulation (EU) No 1349/2014 of 17 December 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               18.12.2014

               EN

               Official Journal of the European Union

               L 363/143

         COMMISSION IMPLEMENTING REGULATION (EU) No 1349/2014
   of 17 December 2014
   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.

               (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, 17 December 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  66,4

                  IL

                  88,5

                  MA

                  85,2

                  TN

                  139,2

                  TR

                  109,7

                  ZZ

                  97,8

                  0707 00 05

                  EG

                  191,6

                  TR

                  140,4

                  ZZ

                  166,0

                  0709 93 10

                  MA

                  80,0

                  TR

                  136,0

                  ZZ

                  108,0

                  0805 10 20

                  AR

                  35,3

                  MA

                  68,6

                  TR

                  59,8

                  UY

                  32,9

                  ZA

                  42,9

                  ZW

                  33,9

                  ZZ

                  45,6

                  0805 20 10

                  MA

                  57,0

                  ZZ

                  57,0

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

                  IL

                  93,2

                  MA

                  75,3

                  TR

                  75,4

                  ZZ

                  81,3

                  0805 50 10

                  TR

                  77,3

                  ZZ

                  77,3

                  0808 10 80

                  BR

                  56,9

                  CL

                  80,2

                  NZ

                  90,6

                  US

                  93,2

                  ZA

                  143,5

                  ZZ

                  92,9

                  0808 30 90

                  CN

                  97,9

                  TR

                  174,9

                  ZZ

                  136,4

         (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’.


title: Commission Implementing Regulation (EU) No 397/2012 of 8 May 2012 fixing allocation coefficient, rejecting further applications and closing the period for submitting applications for available additional quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during marketing year 2011/2012

text:
               9.5.2012

               EN

               Official Journal of the European Union

               L 123/35

         COMMISSION IMPLEMENTING REGULATION (EU) No 397/2012
   of 8 May 2012
   fixing allocation coefficient, rejecting further applications and closing the period for submitting applications for available additional quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during marketing year 2011/2012
   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 Implementing Regulation (EU) No 367/2012 of 27 April 2012 laying down necessary measures as regards the release of additional quantities of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing 2011/2012 (2), and in particular Article 5 thereof,
   Whereas:

               (1)

               The quantities covered by certificate applications for out-of-quota sugar submitted from 1 May 2012 to 2 May 2012 and notified to the Commission on 4 May 2012 exceed the limit set in Article 1 of Implementing Regulation (EU) No 367/2012.

               (2)

               Therefore, in accordance with Article 5 of Implementing Regulation (EU) No 367/2012 it is necessary to fix an allocation coefficient, which the Member States shall apply to the quantities covered by each notified certificate application, reject the applications which have not yet been notified and close the period for submitting the applications.

               (3)

               In order to ensure the efficient management of the measure, 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 quantities for which certificates applications for out-of-quota sugar have been submitted in accordance with Implementing Regulation (EU) No 367/2012 from 1 May 2012 to 2 May 2012 and notified to the Commission on 4 May 2012 shall be multiplied by an allocation coefficient of 22,007274 %.
   Applications for certificates for out-of-quota sugar submitted from 3 May 2012 to 9 May 2012 in accordance with Implementing Regulation (EU) No 367/2012 are hereby rejected.
   The period for submitting applications for certificates for out-of-quota sugar in accordance with Implementing Regulation (EU) No 367/2012 is closed as from 9 May 2012.
   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, 8 May 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 116, 28.4.2012, p. 12.


title: Commission Implementing Regulation (EU) No 1037/2013 of 24 October 2013 approving IPBC as an existing active substance for use in biocidal products for product-type 6 Text with EEA relevance

text:
               25.10.2013

               EN

               Official Journal of the European Union

               L 283/38

         COMMISSION IMPLEMENTING REGULATION (EU) No 1037/2013
   of 24 October 2013
   approving IPBC as an existing active substance for use in biocidal products for product-type 6
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes IPBC.

               (2)

               IPBC has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 6, in-can preservatives, as defined in Annex V to that Directive, which corresponds to product-type 6 as defined in Annex V to Regulation (EU) No 528/2012.

               (3)

               Denmark was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 27 June 2011 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 27 September 2013, in an assessment report.

               (5)

               It appears from that report that biocidal products used for product-type 6 and containing IPBC may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

               (6)

               It is therefore appropriate to approve IPBC for use in biocidal products for product-type 6.

               (7)

               Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

               (8)

               A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   IPBC shall be approved as an active substance for use in biocidal products for product-type 6, subject to the specifications and conditions set out in the Annex.
   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, 24 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions (2)

                  IPBC

                  IUPAC Name:
                  3-iodo-2-propynyl butylcarbamate
                  EC No: 259-627-5
                  CAS No: 55406-53-6

                  980 g/kg

                  1 July 2015

                  30 June 2025

                  6

                  The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.
                  Authorisations are subject to the following condition:
                  For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.
                  Where a treated article has been treated with or intentionally incorporates IPBC, and where necessary due to the possibility of skin contact as well as the release of IPBC under normal conditions of use, the person responsible for placing the treated article on the market shall ensure that the label provides information on the risk of skin sensitisation, as well as the information referred to in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

         (2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm