title: Commission Implementing Regulation (EU) 2019/1982 of 28 November 2019 making certain imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron originating in the People’s Republic of China subject to registration following the re-opening of the investigation in order to implement the judgment of 20 September 2019, in case T-650/17, with regard to Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd

text:
                  29.11.2019

                  EN

                  Official Journal of the European Union

                  L 308/77

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1982
         of 28 November 2019
         making certain imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron originating in the People’s Republic of China subject to registration following the re-opening of the investigation in order to implement the judgment of 20 September 2019, in case T-650/17, with regard to Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         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), and in particular Article 14 thereof,
         Whereas:
         1.   PROCEDURE

                     (1)

                     On 13 May 2013, the Council adopted Implementing Regulation (EU) No 430/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (2) (‘the definitive Regulation’).

                     (2)

                     On 12 June 2013, one cooperating Chinese exporting producer, Jinan Meide Castings Co., Ltd (‘Jinan Meide’ or ‘the applicant’), lodged an application at the General Court of the European Union (‘the General Court’) seeking the annulment of the definitive Regulation (3).

                     (3)

                     On 30 June 2016, the General Court annulled the definitive Regulation in so far as it imposed an anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, manufactured by Jinan Meide.

                     (4)

                     On 28 June 2017, following a reinvestigation, the Commission adopted Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (4) (‘the anti-dumping Regulation at issue’).

                     (5)

                     On 12 July 2018, the Court of Justice of the European Union decided that fittings, made of spheroidal graphite cast iron (also known as ductile cast iron) do not correspond to the concept of ‘malleable cast iron’, as defined within CN subheading 7307 19 10. The Court of Justice concluded that fittings made of spheroidal graphite cast iron must be classified under the residual CN subheading 7307 19 90 (as other articles of other iron). On 14 February 2019, the Commission published Regulation (EU) 2019/262 (5) amending the references to TARIC codes in order to align them with the court’s conclusions. Because anti-dumping measures are imposed according to the product definition irrespective of the tariff classification, this amendment did not have any impact on the product scope of the measures.

                     (6)

                     The applicant challenged the anti-dumping Regulation at issue in the General Court. On 20 September 2019, the General Court issued its judgement in case T-650/17 regarding the anti-dumping Regulation at issue (6).

                     (7)

                     The General Court examined all four pleas in law raised by the applicant and rejected three of them as unfounded. Only one of the four pleas was upheld. According to the General Court, the Commission adopted an unreasonable methodology to reflect the differences in physical characteristics between product types produced in the analogue country and those exported from China. In the absence of data relating to domestic production in the analogue country, the Commission used the difference in prices observed for the export sales of the various product types from China. According to the General Court, the Commission could not assume that prices likely to be affected by dumping form the basis for a reasonable estimate of the market value of differences in physical characteristics as such prices may not be the result of normal market forces. As a result, the General Court annulled the anti-dumping duty for the applicant re-imposed by Commission Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd.

                     (8)

                     Following the General Court’s judgment, the Commission decided by means of a Notice (7) (‘the re-opening Notice’), to partially re-open the anti-dumping investigation concerning imports of threaded tube or pipe cast fittings, of malleable cast iron, that led to the adoption of the anti-dumping Regulation at issue and to resume it at the point at which the irregularity occurred. The re-opening is limited in scope to the implementation of the judgment of the General Court with regard to Jinan Meide.

               2.   GROUNDS FOR REGISTRATION

                     (9)

                     The Commission analysed whether it is appropriate to make the imports of the product concerned subject to registration. In that context, the Commission took the following considerations into account. Article 266 TFEU provides that the Institutions must take the necessary measures to comply with the Courts’ judgments. In case of annulment of an act adopted by the Institutions in the context of an administrative procedure, such as anti-dumping investigation, compliance with the Court’s judgement may consist in the replacement of the annulled act by a new act, in which the illegality identified by the Court is eliminated (8).

                     (10)

                     According to the case-law of the Court of Justice, the procedure for replacing the annulled act may be resumed at the very point at which the illegality occurred (9). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the procedure. In a situation where a Regulation imposing definitive trade defence measures is annulled, that means that, subsequent to the annulment, the proceeding is still open, because the act concluding the proceeding has disappeared from the Union legal order (10), except if the illegality occurred at the stage of initiation.

                     (11)

                     As explained in the re-opening Notice, and since the illegality did not occur at the stage of initiation but at the stage of the investigation, the Commission decided to re-open the anti-dumping investigation in so far as it concerns Jinan Meide, and resume it at the point at which the irregularity occurred, that is in the context of the original determination relating to the period from 1 January 2011 to 31 December 2011.

                     (12)

                     According to the case-law of the Court of Justice, the resumption of the administrative procedure and the eventual re-imposition of duties cannot be seen as contrary to the rule of non-retroactivity (11). The re-opening Notice informs interested parties, including importers, that any future liability, if warranted, would emanate from the findings of the re-examination.

                     (13)

                     Based on the outcome of the re-opened investigation, which is unknown at this stage, the Commission will adopt a Regulation correcting the mistake identified by the General Court and re-imposing, where warranted, the applicable duty rate. This newly established rate, if any, will take effect as from the date on which the anti-dumping Regulation at issue entered into force.

                     (14)

                     In relation to past or future liability for anti-dumping duties, the following should be noted.

                     (15)

                     In the re-opening Notice, and since the amount of liability resulting from the re-examination is uncertain, the Commission requests national customs authorities to await the outcome of the re-examination before deciding on any repayment claim concerning the anti-dumping duties annulled by the General Court with respect to Jinan Meide. Customs authorities are thus directed to put on hold any claims for reimbursements of the annulled duties until the outcome of the re-examination is published in the Official Journal.

                     (16)

                     Furthermore, should the re-opening investigation lead to the re-imposition of anti-dumping duties, those duties also need to be collected for the period during which the re-opening investigation is carried out. This is considered essential to ensure the effective application of the legally warranted measures during the lifetime of such measures, without any difference based on the time at which imports are taking place, i.e. before or after the re-opening of the investigation.

                     (17)

                     In this respect, the Commission notes that registration is a tool provided in Article 14(5) of the basic anti-dumping Regulation so that measures may subsequently be applied against imports from the date of the registration. This is the case, for instance, of securing the payment in the event of application of duties or in anti-circumvention cases. In the present case, the Commission deems it appropriate to register imports concerning Jinan Meide with a view to facilitating the collection of anti-dumping duties after the re-opening of the investigation, if warranted.

                     (18)

                     In line with the jurisprudence of the Court of Justice (12), it is noted that, contrary to registration taking place during the period before the adoption of provisional measures, the conditions of Article 10(4) of the basic anti-dumping Regulation are not applicable to the case at hand. Indeed, the purpose of registration in the context of Court implementation investigation is not to allow the possible retroactive collection of trade defence measures as envisaged in that provision. Rather, the reasons for registration are that, as recalled above, in order to ensure the effectiveness of the measures it is appropriate to ensure, to the extent possible, that imports are subject to the correct anti-dumping liability without undue interruption from the date of entry into force of the anti-dumping regulation at issue until the re-imposition of the corrected duties, if any.

                     (19)

                     In light of the above considerations, the Commission considers that there are grounds for registration pursuant to Article 14(5) of the basic anti-dumping Regulation.

               3.   REGISTRATION

                     (20)

                     Pursuant to Article 14(5) of the basic anti-dumping Regulation, imports of the product concerned produced by Jinan Meide under TARIC additional code B336 shall be made subject to registration in order to ensure that, should the investigation result in re-imposing the measures, anti-dumping duties of an appropriate amount can be levied on such imports.

                     (21)

                     As indicated in the re-opening Notice, the final liability for payment of anti-dumping duties, if any, from the date of entry into force of the anti-dumping regulation at issue will emanate from the findings of the re-examination. However, no duties higher than the duties established in the anti-dumping regulation at issue shall be collected for the period between 2 December 2019 and the date of entry into force of the results of the re-opening investigation. The current anti-dumping duty applicable to Jinan Meide is 39,2 %,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The Customs authorities shall, pursuant to Article 14(5) of Regulation (EU) 2016/1036, take the appropriate steps to register the imports into the Union of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling under CN codes ex 7307 19 10 (TARIC code 7307191010) and ex ex73071990 (TARIC code 7307199010), originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (TARIC additional code B336).

               2.   Registration shall expire nine months following the date of entry into force of this Regulation.

               3.   The rate of the anti-dumping duties that can be collected on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling under CN codes ex 7307 19 10 (TARIC code 7307191010) and ex ex73071990 (TARIC code 7307199010), originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (TARIC additional code B336) between the re-opening of the investigation and the date of entry into force of the results of the re-opening investigation shall not exceed those imposed by Implementing Regulation (EU) 2017/1146.

               4.   The national customs authorities shall await the publication of the relevant Commission Implementing Regulation re-imposing the duties before deciding on the claim for repayment and remission of anti-dumping duties insofar as imports concerning Jinan Meide Castings Co., Ltd are concerned.

            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, 28 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21, as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council on 7 June 2018.

            (2)  Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (OJ L 129, 14.5.2013, p. 1).

            (3)  Case T-424/13 Jinan Meide Castings Co Ltd v Council.

            (4)  Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (OJ L 166, 29.6.2017, p. 23).

            (5)  OJ L 44, 15.2.2019, p. 6.

            (6)  ECLI:EU:T:2019:644.

            (7)  Notice of re-opening the investigation following the judgment of 20 September 2019, in case T‑650/17, with regard to Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People's Republic of China, manufactured by Jinan Meide Castings Co., Ltd (OJ C …, 29.11.2019, p. …).

            (8)  Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28.

            (9)  Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.

            (10)  Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28. Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.

            (11)  Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, Judgment of the Court of 15 March 2018, paragraph 79 and Case C 612/16 C & J Clark International Ltd v Commissioners for Her Majesty’s Revenue & Customs, judgment of 19 June 2019, paragraph 58.

            (12)  Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, paragraph 79 and Case C-612/16, C & J Clark International Ltd v Commissioners for Her Majesty’s Revenue & Customs, judgment of 19 June 2019, paragraph 58.


title: Commission Implementing Regulation (EU) 2020/35 of 15 January 2020 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products

text:
                  16.1.2020

                  EN

                  Official Journal of the European Union

                  L 12/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/35
         of 15 January 2020
         amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (1), and in particular Article 20(2) thereof,
         Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (2), and in particular Article 16(2) thereof,
         Whereas:

                     (1)

                     By Implementing Regulation (EU) 2019/159, the European Commission (‘the Commission’) imposed definitive safeguard measures on certain steel products (‘the definitive Regulation’) (3). The measures imposed by the definitive Regulation consist of a tariff-rate quota (‘TRQ’) with respect to 26 steel product categories, set at a level high enough to preserve traditional trade flows. In particular, the quantitative thresholds were established by reference to the imports during the period 2015-2017, increased by 5 % in order to permit enough supply and ensure competition on the EU market. A 25 % tariff duty would apply only beyond that set quantitative thresholds on a per-product-category basis.

                     (2)

                     By Implementing Regulation (EU) 2019/1590 (4) (the ‘amending Regulation’), the Commission amended these measures, following a review investigation, in order to reflect the intervening changed circumstances during the period of imposition of the measures and to make the measures more effective, based on the Union interest.

                     (3)

                     In the framework of this review investigation, some parties, including the European Automobile Manufacturers’ Association (‘ACEA’), requested the exclusion of product category 4B (covering metallic coated sheets used primarily in the automotive sector) from the scope of the measures. ACEA argued that the use of that product category by the Union’s automotive industry was vital for the continuation of the normal commercial operations of this industry. While the Commission recognised that it was in the Union’s interest that traditional trade flows of product types used by the automotive industry were ring-fenced, it found no ground for such a straightforward exclusion from the TRQ system. After consultation with all interested parties, instead of an exclusion, the Commission, accordingly, decided that the use of category 4B (which could also include products for other uses) should be restricted only to imports that can demonstrate an end-use in the automotive sector. Therefore, through the amending Regulation, the corresponding imports were placed under the end-use procedure referred to in Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (5). The automotive sector and its steel suppliers generally welcomed this solution since it would ensure the exclusive use of the TRQ for product category 4B by the Union’s automotive industry, as well as protect traditional trade flows. The result of the consultations with WTO Members also showed no opposition to this change with respect to category 4B.

                     (4)

                     After the entry into force of the amending Regulation, the Commission remained in close contact with ACEA and the exporters (in particular Korean) of steel products falling under category 4B. Given that the user industry was not directly importing the product subject to the end-use requirement, the implementation of that procedure required close cooperation between all parties involved in the importation process, from initial orders up to the moment imports reached the end-user of the product. The Commission was made aware of the fact that the necessary close cooperation among various operators (involving the extension of existing authorisations granted to the Union’s automotive industry, the granting of new authorisations in favour of importers, and/or the transfer of rights and obligations between the various parties involved in the related supply chain) has not functioned as originally expected. As a result, an important proportion of imports under product category 4B could not take place after the entry into force of the amended measures, despite the fact that the Commission, exporters, steel importers, and the national customs authorities of the EU Member States and third countries were closely cooperating to solve those issues. It was also not possible to speed up the administrative process in order to obtain the necessary end-use authorisations.

                     (5)

                     It has further appeared that any solution to implement an effective end-use procedure would still require some time, without any guarantee of adequate and immediate remedies. In the meantime, a significant proportion of category 4B products is held at the Union’s customs border awaiting customs clearance. That seriously and negatively affects, or even disrupts, supply chains based on a ‘just-in-time’ system, in particular because the Union’s automobile industry heavily relies on highly specialised steel grades. Given the resulting potential negative economic consequences and the fact that such constraints are clearly in contradiction with the Commission’s objective to ensure traditional trade flows in the Union’s interest, having heard the views of all interested parties involved in this matter, the Commission considers that the end-use procedure for this category should be revoked.

                     (6)

                     Implementing Regulation (EU) 2019/159 and its annexes should therefore be amended again so as to adequately reflect the situation which prevailed before the introduction of the end-use requirement for categories 4A and 4B through the amending regulation.

                     (7)

                     Following consultations with Korea, the exporting country mostly affected by the end-use mechanism, the Commission considered that the allocation of the TRQ volume between product categories 4A and 4B for this country, as established pursuant to Implementing Regulation (EU) 2019/159, should also be amended. This is necessary in order to take into account the volume of automotive steel grades that were imported under product category 4A since the entry into force of the amending Regulation, given the impossibility to import them under the product category 4B subject to the end-use mechanism.

                     (8)

                     The Commission remains of the view that, in the Union interest, a specific mechanism, either the end-use procedure (once the implementation issues are resolved), or an alternative system, however set up, may be required at a later stage in order to ring-fence imports of automotive steel grades under product category 4B. These issues will accordingly, be re-assessed in the context of a future review investigation, based on the comments and proposals made by the interested parties, as well as other developments affecting this product category. In this respect, it is also noted that the Commission recently initiated an anti-circumvention investigation of anti-dumping measures on imports of certain corrosion resistant steel originating in the People’s Republic of China, which fall within product category 4 (6).

                     (9)

                     The present Regulation should be given retroactive effect, thereby revoking, as from 1 October 2019, the end-use requirement introduced by the amending Regulation. This will also allow the refund of any eventual safeguard duties which could have been paid on the basis of the TRQ established by the amending Regulation but no longer justified after the entry into force of this Regulation.

                     (10)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safeguards established under Article 3(3) of Regulation (EU) 2015/478 and Article 22(3) of Regulation (EU) 2015/755 respectively,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   Article 1(2) of Implementing Regulation (EU) 2019/159 is replaced as follows:

                     ‘2.   For each of the product categories concerned, and with the exception of product category 1 and product category 25, a part of each tariff-rate quota is allocated to the countries specified in Annex IV.’

               2.   The section related to categories 4A and 4B of Annex IV.1 — Volumes of tariff-rate quotas of Implementing Regulation (EU) 2019/159 is replaced by 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.
            It shall apply from 1 October 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 83, 27.3.2015, p. 16.

            (2)  OJ L 123, 19.5.2015, p. 33.

            (3)  Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27.)

            (4)  Commission Implementing Regulation (EU) 2019/1590 of 26 September 2019 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products (OJ L 248, 27.9.2019, p. 28).

            (5)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

            (6)  OJ L 304, 26.11.2019, p. 10.

            ANNEX

                        Product Number

                        Product category

                        CN/TARIC Codes

                        Allocation by country (Where Applicable)

                        From 2.2.2019 to 30.6.2019

                        From 1.7.2019 to 30.6.2020

                        From 1.7.2020 to 30.6.2021

                        Additional duty rate

                        Order numbers

                        Volume of tariff–rate quota (net tonnes)

                        Volume of tariff–rate quota (net tonnes)

                        Volume of tariff–ratetquota (net tonnes)

                        4.A( (1)

                        Metallic Coated Sheets

                        TARIC Codes: 7210410020 , 7210490020 7210610020 , 7210690020 , 7212300020 , 7212506120 , 7212506920 , 7225920020 , 7225990011 , 7225990022 , 7225990040 , 7225990091 , 7225990092 , 7226993010 , 7226997011 , 7226997091 , 7226997094

                        Korea (Republic of)

                        69 571,10

                        328 792,63

                        180 804,79

                        25 %

                        09.8816

                        India

                        83 060,42

                        209 574,26

                        215 861,48

                        25 %

                        09.8817

                        Other countries

                        761 518,93

                        1 921 429,81

                        1 979 072,71

                        25 %

                            (2)

                        4.B (3)

                        CN Codes: 7210 20 00 , 7210 30 00 , 7210 90 80 , 7212 20 00 , 7212 50 20 , 7212 50 30 , 7212 50 40 , 7212 50 90 , 7225 91 00 , 7226 99 10
                        TARIC codes: 7210410080 , 7210490080 , 7210610080 , 7210690080 , 7212300080 , 7212506180 , 7212506980 , 7225920080 , 7225990025 , 7225990095 , 7226993090 , 7226997019 , 7226997096

                        China

                        204 951,07

                        517 123,19

                        532 636,89

                        25 %

                        09.8821

                        Korea (Republic of)

                        249 533,26

                        476 356,93

                        648 499,26

                        25 %

                        09.8822

                        India

                        118 594,25

                        299 231,59

                        308 208,54

                        25 %

                        09.8823

                        Taiwan

                        49 248,78

                        124 262,26

                        127 990,13

                        25 %

                        09.8824

                        Other countries

                        125 598,05

                        316 903,26

                        326 410,36

                        25 %

                            (4)

               (1)  Products subject to anti-dumping duties

               (2)  From 2.2.2019 to 31.3.2019, from 1.7.2019 to 31.3.2020 and from 1.7.2020 to 31.3.2021: 09.8609.
            From 1.4.2019 to 30.6.2019, from 1.4.2020 to 30.6.2020 and from 1.4.2021 to 30.6.2021: 09.8610.

               (3)  Products which are not subject to anti-dumping duties (including automotive).

               (4)  From 2.2.2019 to 31.3.2019, from 1.7.2019 to 31.3.2020 and from 1.7.2020 to 31.3.2021: 09.8611.
            From 1.4.2019 to 30.6.2019, from 1.4.2020 to 30.6.2020 and from 1.4.2021 to 30.6.2021: 09.8612.


title: Commission Implementing Regulation (EU) 2020/41 of 13 January 2020 entering a name in the register of protected designations of origin and protected geographical indications (Αρσενικό Νάξου (Arseniko Naxou) (PDO))

text:
                  20.1.2020

                  EN

                  Official Journal of the European Union

                  L 15/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/41
         of 13 January 2020
         entering a name in the register of protected designations of origin and protected geographical indications (‘Αρσενικό Νάξου’ (Arseniko Naxou) (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)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece’s application to register the name ‘Αρσενικό Νάξου’ (Arseniko Naxou) 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 ‘Αρσενικό Νάξου’ (Arseniko Naxou) should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Αρσενικό Νάξου’ (Arseniko Naxou) (PDO) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.3. — Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            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, 13 January 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 271, 13.8.2019, p. 68.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2020/161 of 5 February 2020 concerning the renewal of the authorisation of Bacillus subtilis DSM 17299 as a feed additive for chickens for fattening and repealing Regulation (EC) No 1137/2007 (holder of authorisation Chr. Hansen A/S) (Text with EEA relevance)

text:
                  6.2.2020

                  EN

                  Official Journal of the European Union

                  L 34/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/161
         of 5 February 2020
         concerning the renewal of the authorisation of Bacillus subtilis DSM 17299 as a feed additive for chickens for fattening and repealing Regulation (EC) No 1137/2007 (holder of authorisation Chr. Hansen A/S)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and renewing such authorisation.

                     (2)

                        Bacillus subtilis DSM 17299 was authorised for 10 years as a feed additive for chickens for fattening by Commission Regulation (EC) No 1137/2007 (2).

                     (3)

                     In accordance with Article 14(1) of Regulation (EC) No 1831/2003, an application was submitted by the holder of that authorisation for the renewal of the authorisation of Bacillus subtilis DSM 17299 as a feed additive for chickens for fattening, requesting that additive to be classified in the additive category ‘zootechnical additives’. That application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 2 April 2019 (3) that the applicant has provided data demonstrating that the additive complies with the existing conditions of authorisation. The Authority confirmed its previous conclusions that Bacillus subtilis DSM 17299 is considered safe for the target species, consumers of products from animals fed with the additive and the environment. It also concluded that there is a potential for users to be exposed via inhalation and that no conclusion could be drawn on the potential for skin and eyes irritancy and dermal sensitisation. Therefore the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive

                     (5)

                     The assessment of Bacillus subtilis DSM 17299 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the authorisation of that additive should be renewed as specified in the Annex to this Regulation.

                     (6)

                     As a consequence of the renewal of the authorisation of Bacillus subtilis DSM 17299 as a feed additive under the conditions laid down in the Annex to this Regulation, Regulation (EC) No 1137/2007 should be repealed.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The authorisation of the additive specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is renewed subject to the conditions laid down in that Annex.

            Article 2
            Regulation (EC) No 1137/2007 is repealed.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Regulation (EC) No 1137/2007 of 1 October 2007 concerning the authorisation of Bacillus subtilis (O35) as a feed additive (OJ L 256, 2.10.2007, p. 5).

            (3)  EFSA Journal 2019;17(4):5687.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        CFU/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: gut flora stabilisers

                        4b1821

                        Chr. Hansen A/S

                           Bacillus subtilis DSM 17299

                           Additive composition

                        Preparation of Bacillus subtilis DSM 17299, containing a minimum of 1,6 × 1010 CFU/g of additive
                        Solid form

                        Chickens for fattening

                        —

                        8 × 108

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The use is permitted in feed containing one of the following authorised coccidiostats: diclazuril, halofuginone, robenidine, decoquinate, narasin/nicarbazin, lasalocid sodium, maduramycin ammonium, monensin sodium, narasin, salinomycin sodium or semduramycin sodium.

                                    3.

                                    The compatibility of this additive with formic acid has been shown.

                                    4.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing, skin and eye protections.

                        26 February 2030

                           Characterisation of the active substance

                        Viable spore of Bacillus subtilis DSM 17299

                           Analytical method
                            (1)

                        Enumeration spread plate method using tryptone soya agar (EN 15784)
                        Identification of Bacillus subtilis DSM 17299 in the feed additive:
                        Pulsed Field Gel Electrophoresis (PFGE).

               (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2020/163 of 5 February 2020 concerning the authorisation of a preparation of muramidase produced by Trichoderma reesei DSM 32338 as a feed additive for turkeys for fattening, turkeys reared for breeding, chickens reared for breeding and other poultry species reared for breeding (holder of authorisation DSM Nutritional Products Ltd. represented in the Union by DSM Nutritional Products Sp. Z o.o) (Text with EEA relevance)

text:
                  6.2.2020

                  EN

                  Official Journal of the European Union

                  L 34/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/163
         of 5 February 2020
         concerning the authorisation of a preparation of muramidase produced by Trichoderma reesei DSM 32338 as a feed additive for turkeys for fattening, turkeys reared for breeding, chickens reared for breeding and other poultry species reared for breeding (holder of authorisation DSM Nutritional Products Ltd. represented in the Union by DSM Nutritional Products Sp. Z o.o)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of a preparation muramidase produced by Trichoderma reesei DSM 32338. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

                     (3)

                     That application concerns the authorisation of a preparation of muramidase produced by Trichoderma reesei DSM 32338 as a feed additive for turkeys for fattening, turkeys reared for breeding, chickens reared for breeding and other poultry species reared for breeding, to be classified in the additive category ‛zootechnical additives’.

                     (4)

                     The preparation of muramidase produced by Trichoderma reesei DSM 32338 was already authorised as a feed additive by Commission Implementing Regulation (EU) 2019/805 (2) for chickens for fattening and for minor poultry species for fattening.

                     (5)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 2 April 2019 (3) that, under the proposed conditions of use, the preparation of muramidase produced by Trichoderma reesei DSM 32338 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive may have a skin/eyes irritancy potential and skin and respiratory sensitisation potential. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. It concluded that the additive has the potential to be efficacious showing improvements of the feed to gain ratio. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (6)

                     The assessment of the preparation of muramidase produced by Trichoderma reesei DSM 32338 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that 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, 5 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Implementing Regulation (EU) 2019/805 of 17 May 2019 concerning the authorisation of a preparation of muramidase produced by Trichoderma reesei DSM 32338 as a feed additive for chickens for fattening and minor poultry species for fattening (holder of authorisation DSM Nutritional Products Ltd. represented in EU by DSM Nutritional Products Sp. Z o.o) (OJ L 132, 20.5.2019, p. 33).

            (3)  EFSA Journal 2019;17(4):5686.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        Unit of activity/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: other zootechnical additives.

                        4d16

                        DSM Nutritional Products Ltd. represented in the Union by DSM Nutritional Products Sp. Z o.o

                        Muramidase (EC 3.2.1.17)

                           Additive composition

                        Preparation of muramidase (EC 3.2.1.17) (lysozyme) produced by Trichoderma reesei (DSM 32338) having a minimum activity of 60 000  LSU(F) (1) /g
                        Solid and liquid form

                        Chickens reared for breeding
                        Turkeys for fattening

                        —

                        25 000
                        LSU(F)

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin and breathing protections.

                        26 February 2030

                           Characterisation of the active substance:

                        muramidase (EC 3.2.1.17) (lysozyme) produced by Trichoderma reesei (DSM 32338)

                        Turkeys reared for breeding

                           Analytical method
                            (2)

                        For the quantification of muramidase:
                        fluorescence-based enzyme assay method that determines the enzyme-catalyzed depolymerisation of a fluorescein-labelled peptidoglycan preparation at pH 6,0 and 30 °C.

                        Other poultry species reared for breeding

               (1)  One LSU(F) is defined as the amount of enzyme that increases the fluorescence of 12,5 μg/ml fluorescein-labelled peptidoglycan per minute at pH 6,0 and 30 °C by a value that22 corresponds to the fluorescence of approximately 0,06 nmol fluorescein isothiocyanate isomer.

               (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2020/165 of 5 February 2020 concerning the authorisation of endo-1,4-beta-mannanase produced by Paenibacillus lentus DSM 32052 as a feed additive for chickens for fattening, for chickens reared for laying, turkeys for fattening or reared for breeding and for minor poultry species and repealing Regulation (EC) No 786/2007 (holder of authorisation Elanco GmbH) (Text with EEA relevance)

text:
                  6.2.2020

                  EN

                  Official Journal of the European Union

                  L 34/40

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/165
         of 5 February 2020
         concerning the authorisation of endo-1,4-beta-mannanase produced by Paenibacillus lentus DSM 32052 as a feed additive for chickens for fattening, for chickens reared for laying, turkeys for fattening or reared for breeding and for minor poultry species and repealing Regulation (EC) No 786/2007 (holder of authorisation Elanco GmbH)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and renewing such authorisation.

                     (2)

                     Endo-1,4-beta-mannanase produced by Paenibacillus lentus ATCC 55045 was authorised for 10 years as a feed additive for chickens for fattening by Commission Regulation (EC) No 786/2007 (2).

                     (3)

                     In accordance with Article 14(1) of Regulation (EC) No 1831/2003, in conjunction with Article 7 thereof, an application was submitted by the holder of that authorisation for the renewal of the authorisation of endo-1,4-beta-mannanase produced by Paenibacillus lentus DSM 32052 (formerly produced by Paenibacillus lentus ATCC 55045) as a feed additive for chickens for fattening, requesting that additive to be classified in the additive category ‘zootechnical additives’ and for a new use for chickens reared for laying, turkeys for fattening or reared for breeding and minor poultry species. That application was accompanied by the particulars and documents required under Article 14(2) and Article 7(3) of Regulation (EC) No 1831/2003.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 26 February 2019 (3) that the applicant has provided data demonstrating that the additive complies with the conditions of authorisation. It was also concluded that the additive is safe for the target species, consumers of products from animals fed with the additive and the environment. It also concluded that the product should be regarded as a potential respiratory sensitiser. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The additive has a potential to be efficacious in improving digestibility of feed for chickens reared for laying, turkeys for fattening or reared for breeding and minor poultry species.

                     (5)

                     The assessment of endo-1,4-beta-mannanase produced by Paenibacillus lentus DSM 32052 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the authorisation of that additive should be renewed as specified in the Annex to this Regulation.

                     (6)

                     As a consequence of the renewal of the authorisation of endo-1,4-beta-mannanase produced by Paenibacillus lentus ATCC 55045 as a feed additive under the conditions laid down in the Annex to this Regulation, Regulation (EC) No 786/2007 should be repealed.

                     (7)

                     Since safety reasons do not require the immediate application of the amendments made by this Regulation, it is appropriate to provide for a transitional period during which the existing stocks of the preparation of endo-1,4-beta-mannanase produced by Paenibacillus lentus ATCC 55045, which are in conformity with the provisions applying before the date of entry into force of this Regulation, may continue to be placed on the market and used until they are exhausted.

                     (8)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The authorisation of the additive specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is renewed subject to the conditions laid down in that Annex.

            Article 2
            Regulation (EC) No 786/2007 is repealed.

            Article 3
            Endo-1,4-beta-mannanase produced by Paenibacillus lentus ATCC 55045, premixtures and compound feed containing that substance, which are produced and labelled before 26 February 2020 in accordance with the rules applicable before 26 February 2020 may continue to be placed on the market and used until the existing stock are exhausted.

            Article 4
            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 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Regulation (EC) No 786/2007 of 4 July 2007 concerning the authorisation of endo-1,4-beta-mannanase EC 3.2.1.78 (Hemicell) as a feed additive (OJ L 175, 5.7.2007, p. 8).

            (3)  EFSA Journal 2019;17(3):5641.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        Unit of activity/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: digestibility enhancers

                        4a3i

                        Elanco GmbH

                        Endo-1,4-beta-mannanase
                        EC 3.2.1.78

                           Additive composition

                        Preparation of endo-1,4-beta-mannanase,
                        produced by Paenibacillus lentus (DSM 32052) having a minimum activity of 7,2 × 105 U (1)/ml
                        Liquid form

                           Characterisation of the active substance

                        Endo-1,4-beta-mannanase produced by Paenibacillus lentus (DSM 32052)

                           Analytical method
                            (2)

                        colorimetric method based on the reaction between reducing sugars (mannose equivalent) with 3,5-dinitrosalicylic acid (DNS)

                        Chickens for fattening

                        -

                        79 200  U

                        -

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        26.2.2030

                        Turkeys for fattening

                        Chickens reared for laying

                        Turkeys reared for breeding

                        Minor poultry species for fattening or reared for laying/breeding

               (1)  One unit of activity (U) is the amount of the enzyme which liberates 0,72 micrograms of reducing sugars (mannose equivalents) from a mannan-containing substrate (locust bean gum) per minute at pH 7,5 and 40 °C.

               (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2020/154 of 23 January 2020 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council Norsk Vodka/Norwegian Vodka

text:
                  6.2.2020

                  EN

                  Official Journal of the European Union

                  L 34/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/154
         of 23 January 2020
         registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council ‘Norsk Vodka’/‘Norwegian Vodka’
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), and in particular Article 30(2) thereof,
         Whereas:

                     (1)

                     The Commission examined Norway’s application of 25 November 2016 for registration of the geographical indication ‘Norsk Vodka’/‘Norwegian Vodka’ pursuant to Article 17(5) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (2).

                     (2)

                     Regulation (EU) 2019/787, which replaces Regulation (EC) No 110/2008, entered into force on 25 May 2019. Under Article 49(1) of that Regulation, Chapter III of Regulation (EC) No 110/2008 on geographical indications was repealed with effect from 8 June 2019.

                     (3)

                     After concluding that the application complied with Regulation (EC) No 110/2008, the Commission published the main specifications of the technical file in the Official Journal of the European Union (3) as required by Article 17(6) of that Regulation, in accordance with the first subparagraph of Article 50(4) of Regulation (EU) 2019/787.

                     (4)

                     No notice of opposition has been received by the Commission under Article 27(1) of Regulation (EU) 2019/787.

                     (5)

                     The indication ‘Norsk Vodka’/‘Norwegian Vodka’ should therefore be registered as a geographical indication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The geographical indication ‘Norsk Vodka’/‘Norwegian Vodka’ is hereby registered. This Regulation grants the name ‘Norsk Vodka’/‘Norwegian Vodka’ the protection referred to in Article 21 of Regulation (EU) 2019/787 in accordance with Article 30(4) of that Regulation.

            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, 23 January 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

            (1)  OJ L 130, 17.5.2019, p. 1.

            (2)  Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

            (3)  OJ C 241, 17.7.2019, p. 11.


title: Commission Implementing Regulation (EU) 2020/185 of 7 February 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Pasta di Gragnano (PGI)

text:
                  12.2.2020

                  EN

                  Official Journal of the European Union

                  L 39/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/185
         of 7 February 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pasta di Gragnano’ (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Pasta di Gragnano’, registered under Commission Implementing Regulation (EU) No 969/2013 (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 opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification 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 ‘Pasta di Gragnano’ (PGI) 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, 7 February 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Implementing Regulation (EU) No 969/2013 of 2 October 2013 entering a name in the register of protected designations of origin and protected geographical indications [Pasta di Gragnano (PGI)] (OJ L 270, 11.10.2013, p. 1).

            (3)  OJ C 325, 30.9.2019, p. 15.


title: Commission Implementing Regulation (EU) 2020/531 of 16 April 2020 derogating in respect of the year 2020 from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures and from the first subparagraph of Article 75(2) of that Regulation as regards direct payments

text:
                  17.4.2020

                  EN

                  Official Journal of the European Union

                  L 119/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/531
         of 16 April 2020
         derogating in respect of the year 2020 from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures and from the first subparagraph of Article 75(2) of that Regulation as regards direct payments
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 75(3) thereof,
         Whereas:

                     (1)

                     Pursuant to the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013, from 16 October to 30 November Member States may pay advances of up to 50 % for direct payments under Regulation (EU) No 1307/2013 of the European Parliament and of the Council (2) and up to 75 % for area-related and animal-related support measures under Regulation (EU) No 1305/2013 of the European Parliament and the Council (3).

                     (2)

                     Article 75(2) of Regulation (EU) No 1306/2013 provides that payments referred to in paragraph 1 of that Article, including advances for direct payments, shall not be made before the administrative and on-the-spot checks to be carried out pursuant to Article 74 of that Regulation have been finalised. However, as regards area-related and animal-related support measures under rural development, Article 75(2) of Regulation (EU) No 1306/2013 allows advances to be paid after the administrative checks pursuant to Article 59(1) of that Regulation have been finalised.

                     (3)

                     Due to the current situation resulting from the pandemic caused by COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States. Those difficulties risk delaying the performance of checks and the ensuing payment of aid. At the same time, farmers are vulnerable to the economic disruptions caused by the pandemic and experience financial difficulties and cash-flow problems.

                     (4)

                     In view of the exceptional nature of those circumstances, it is necessary to alleviate those difficulties by derogating from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013 in order to allow Member States to pay a higher level of advances to beneficiaries for the year 2020.

                     (5)

                     In addition, in view of the unprecedented exceptional circumstances it is necessary to derogate from the first subparagraph of Article 75(2) of Regulation (EU) No 1306/2013 in order to allow advances for direct payments to be made after the administrative checks as specified in Articles 28 and 29 of Commission Implementing Regulation (EU) No 809/2014 (4) are completed. It is however imperative that such a derogation does not impede the sound financial management and the requirement of a sufficient level of assurance. Accordingly, Member States making use of that derogation are responsible for taking all necessary measures to ensure that overpayments are avoided and that any undue amounts are quickly and actually recovered. Moreover, the use of that derogation should be covered by the management declaration referred to in point (b) of the first subparagraph of Article 7(3) of Regulation (EU) No 1306/2013 for financial year 2021.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds, the Committee for Direct Payments and the Rural Development Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            By way of derogation from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013, in respect of claim year 2020 Member States may pay advances of up to 70 % for the direct payments listed in Annex I to Regulation (EU) No 1307/2013 and of up to 85 % for the support granted under rural development as referred to in Article 67(2) of Regulation (EU) No 1306/2013.

            Article 2
            By way of derogation from the first subparagraph of Article 75(2) of Regulation (EU) No 1306/2013, in respect of claim year 2020 Member States may pay advances for the direct payments listed in Annex I to Regulation (EU) No 1307/2013 after the administrative checks as referred to in Article 74 of Regulation (EU) No 1306/2013 have been finalised.

            Article 3
            For Member States applying Article 2 of this Regulation the management declaration to be drawn up pursuant to point (b) of the first subparagraph of Article 7(3) of Regulation (EU) No 1306/2013 shall include for financial year 2021 a confirmation that overpayments to beneficiaries were prevented and undue amounts have been quickly and actually recovered based on the verification of all necessary information.

            Article 4
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 347, 20.12.2013, p. 549.

            (2)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

            (3)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

            (4)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).