title: Commission Implementing Regulation (EU) No 394/2012 of 8 May 2012 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2012/2013 marketing year

text:
               9.5.2012

               EN

               Official Journal of the European Union

               L 123/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 394/2012
   of 8 May 2012
   fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2012/2013 marketing year
   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), and in particular Article 61, first paragraph, point (d), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               According to Article 61, first paragraph, point (d) of Regulation (EC) No 1234/2007, the sugar or isoglucose produced in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit to be fixed.

               (2)

               Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

               (3)

               For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

               (4)

               For the 2012/2013 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

               (5)

               Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particularly favourable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimise the risk of fraud and to prevent any abuse associated with the reimport or reintroduction into the Union of out-of-quota sugar, certain close destinations should be excluded from the eligible destinations.

               (6)

               In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Fixing the quantitative limit for out-of-quota sugar exports
   1.   For the 2012/2013 marketing year, running from 1 October 2012 to 30 September 2013, the quantitative limit referred to in Article 61, first paragraph, point (d) of Regulation (EC) No 1234/2007 shall be 650 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.
   2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations excluding:

               (a)

               third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), San Marino, Croatia, Bosnia and Herzegovina, Serbia (3), Montenegro, Albania and the former Yugoslav Republic of Macedonia;

               (b)

               territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

               (c)

               European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.

         Article 2
   Fixing the quantitative limit for out-of-quota isoglucose exports
   1.   For the 2012/2013 marketing year, running from 1 October 2012 to 30 September 2013, the quantitative limit referred to in Article 61, first paragraph, point (d) of Regulation (EC) No 1234/2007 shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10, 1702 60 10 and 1702 90 30.
   2.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the conditions laid down in Article 4 of Regulation (EC) No 951/2006.
   Article 3
   Entry into force
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 October 2012.
   It shall expire on 30 September 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 May 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  As well as Kosovo under UN Security Council Resolution 1244 of 10 June 1999.


title: Commission Implementing Regulation (EU) 2015/11 of 6 January 2015 entering a name in the register of protected designations of origin and protected geographical indications (Kranjska klobasa (PGI))

text:
               7.1.2015

               EN

               Official Journal of the European Union

               L 3/37

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/11
   of 6 January 2015
   entering a name in the register of protected designations of origin and protected geographical indications (Kranjska klobasa (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 Articles 15(2) and 52(3)(b) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 (2).

               (2)

               Pursuant to the first subparagraph of Article 6(2), the Slovenian application to register the name ‘Kranjska klobasa’ was published in the Official Journal of the European Union
                   (3).

               (3)

               Germany on 3 July 2012, Croatia on 16 August 2012 and Austria on 17 August 2012, submitted oppositions to the registration under Article 7(1) of Regulation (EC) No 510/2006. (4) The oppositions were deemed admissible.

               (4)

               By letters dated 24 October 2012, the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves within six months in accordance with their internal procedures.

               (5)

               Slovenia and Germany on one side, and Slovenia and Austria on the other side, reached an agreement. In contrast no agreement was reached between Slovenia and Croatia.

               (6)

               Given that no agreement was reached between Slovenia and Croatia, the Commission should adopt a decision in accordance with the procedure referred to in Article 52(3)(b) of Regulation (EU) No 1151/2012.

               (7)

               Concerning the alleged failure of compliance with Article 2(1)(b) of Regulation (EC) No 510/2006, replaced by Article 5(2) of Regulation (EU) No 1151/2012, in respect of the delimitation of the geographical area, i.e. that the product does not originate in a specific place, region or country or that the consumer is misled, no obvious error was identified. With regard to the alleged failure concerning use of the name of a country which was allowed in exceptional cases, ‘Kranjska’ is not the name of a country but of a (former) region. Moreover, Regulation (EU) No 1151/2012 does not foresee for protected geographical indications the use of the name of a country in exceptional cases only. Concerning the allegation that the geographical area has no natural characteristics distinguishing it from neighbouring areas, there is no need to assess the substance of this allegation as this is not required by Regulation (EU) No 1151/2012.

               (8)

               The terms‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’ and ‘Bauernkrainer’ on the one hand, and the terms ‘Kranjska’ and ‘Kranjska kobasica’ on the other hand were found to be the names of similar sausages in German and Croatian language respectively and have common historic origins referring to the former Land of ‘Kranjska’ which no longer exists administratively today. As the names have common origins and given the visual similarities between the products, the application of the protection envisaged by Article 13 of Regulation (EU) No 1151/2012, and in particular point (b) of paragraph (1) thereof, could have the result that ‘Kranjska klobasa’, if registered, would prevent producers not complying with the product specification of ‘Kranjska klobasa’ from using the terms ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’, ‘Bauernkrainer’, ‘Kranjska’ and ‘Kranjska kobasica’.

               (9)

               The evidence shows that the use of the terms ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’, ‘Bauernkrainer’, ‘Kranjska’ and ‘Kranjska kobasica’ referred to products having a common origin with ‘Kranjska klobasa’, was not meant to exploit the reputation of the latter name and that the consumer has not been or couldn't have been misled as to the true origin of the products. In addition, it was shown that these designations have been in legal use consistently and fairly for at least 25 years before the application for registration of the name ‘Kranjska klobasa’ was submitted to the Commission.

               (10)

               However, it is to be noted that in German language, in two centuries time, the name ‘Krainer’, and its compound names have definitively lost the geographical link to the Carniola Region. This is confirmed by the fact that both in the agreements reached with Germany and Austria respectively Slovenia acknowledged that the use of the terms ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’ and ‘Bauernkrainer’ should not be understood as an abuse of the name ‘Kranjska klobasa’.

               (11)

               For all the reasons above, in the interests of fairness and traditional usage, irrespectively of whether ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’, ‘Bauernkrainer’, ‘Kranjska’ and ‘Kranjska kobasica’ can be considered as generic under Article 41 of Regulation (EU) No 1151/2012 and provided that principles and rules applicable in the Union's legal order are respected, the free use of the terms ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’ and ‘Bauernkrainer’ should be maintained without time restrictions, and the use of the terms ‘Kranjska’ and ‘Kranjska kobasica’ should be allowed for the maximum transitional period foreseen by Article 15(2) of Regulation (EU) No 1151/2012.

               (12)

               Article 6(1) of Regulation (EU) No 1151/2012 prohibits the registration of names that have become generic. The oppositions claimed that consumers in Austria, Croatia and Germany do not associate the names used on their market terms such as ‘Krainer’, ‘Krainer Wurst’, ‘Kranjska’ and ‘Kranjska kobasica’ with a particular origin. While the name proposed for registration is ‘Kranjska klobasa’, the evidence provided in the statements of opposition referred to the alleged general use of the term ‘Krainer’, ‘Krainer Wurst’, ‘Kranjska’ and ‘Kranjska kobasica’ in Austria, Croatia and Germany, and not to that of ‘Kranjska klobasa’. The oppositions do not take into consideration the situation in Slovenia. No evidence has been provided in the statements of oppositions to show general usage comprising or including the name proposed for registration. Therefore, on the basis of information provided, the name ‘Kranjska klobasa’ cannot be considered to be generic and there is accordingly no failure of compliance with Article 6(1) of Regulation (EU) No 1151/2012.

               (13)

               Whereas protection is granted for the term ‘Kranjska klobasa’ as a whole, the non-geographical component of that term may be used, and used in translation, throughout the Union, provided the principles and rules applicable in the Union's legal order are respected.

               (14)

               In the light of the above, the name ‘Kranjska klobasa’ should be entered in the Register of protected designations of origin and protected geographical indications.

               (15)

               The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Kranjska klobasa’ (PGI) is registered.
   The name in the first alinea identifies a product from class 1.2. Meat products (cooked, salted, smoked, etc.) of Annex XI of Commission Implementing Regulation (EU) No 668/2014 (5).
   Article 2
   The terms ‘Krainer’, ‘Käsekrainer’, ‘Schweinskrainer’, ‘Osterkrainer’ and ‘Bauernkrainer’ may continue to be used within the territory of the Union, provided the principles and rules applicable in its legal order are respected.
   The terms ‘Kranjska’ and ‘Kranjska kobasica’ may be used to designate sausages not complying with the specification for ‘Kranjska klobasa’ for a period of 15 years from the date of entry into force of this Regulation.
   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, 6 January 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006, p. 12).

      (3)  OJ C 48, 18.2.2012, p. 23.

      (4)  Meanwhile replaced by points (a), (c) and (d) of Article 10 of Regulation (EU) No 1151/2012.

      (5)  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) 2017/1408 of 1 August 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:
               2.8.2017

               EN

               Official Journal of the European Union

               L 201/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1408
   of 1 August 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 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 Council Implementing Regulation (EU) No 1239/2013 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 (4), and in particular Article 2 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (5), 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 (6), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (7), 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 (8) 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)

                           Shenzhen Topray Solar Co. Ltd, together with its related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B880 (‘Topray Solar’);

                           (b)

                           Yuhuan BLD Solar Technology Co. Ltd, together with its related company in the PRC, jointly covered by the TARIC additional code: B899 (‘BLD Solar’).

               (6)

               By Implementing Decision 2014/657/EU (9) 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 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (12) 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
                   (13) 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
                   (14) 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
                   (15) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (17), 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 (18), 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 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (17)

               By Implementing Regulation (EU) 2016/1382 (20) the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (18)

               By Implementing Regulation (EU) 2016/1402 (21) the Commission withdrew the acceptance of the undertaking for another three exporting producers.

               (19)

               By Implementing Regulation (EU) 2016/1998 (22) the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (20)

               By Implementing Regulation (EU) 2016/2146 (23) 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 (24) and (EU) 2017/367 (25).

               (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.

         B.   TERMS OF THE UNDERTAKING

               (26)

               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.

               (27)

               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, making misleading declarations regarding the origin of the product concerned or the identity of the exporter. Taking part in a trading system leading to a risk of circumvention also constitutes a breach. The list also includes that issuing a commercial invoice, as defined in the undertaking, for which the underlying financial transaction is not in conformity with its face value is a breach.

               (28)

               Moreover, the exporting producers undertook not to sell any product other than the product covered produced or traded by them in excess of a given small percentage limit of the total sales value of the product covered to the same customers to which they sell the product covered (‘the parallel sales limit’).

               (29)

               The undertaking also obliges the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to the Union (‘the quarterly reports’). The reporting also includes reporting of re-sales to the first independent customer in the Union through a related importer listed in the undertaking. These latter 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. Sales of products other than the product covered to the same customers also have to be reported. This data submitted in these quarterly reports must be complete and correct and the reported transactions should fully comply with the terms of the undertaking.

               (30)

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

               (31)

               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.

               (32)

               The undertaking also stipulates that the Commission may withdraw the acceptance of the undertaking at any time during its period of application if monitoring and enforcement prove to be impracticable.

               (33)

               The undertaking also obliges the exporting producers to notify the Commission in due time in case they intend to establish a party in the Union to which they will be related.

               (34)

               For the purpose of ensuring compliance with the undertaking, the exporting producers also undertook to allow verification visits at their premises in order to verify the accuracy and completeness of data submitted to the Commission in the quarterly reports and to provide all information considered necessary by the Commission.

               (35)

               The undertaking further stipulates that the acceptance of the undertaking by the Commission is based on trust and any action which would harm the relationship of trust established with the Commission should justify the withdrawal of the undertaking.

         C.   MONITORING OF THE EXPORTING PRODUCERS

               (36)

               While monitoring compliance with the undertaking, the Commission verified information submitted by the two exporting producers BLD Solar and Topray Solar that was relevant to the undertaking. In addition, the Commission also carried out verification visits at the premises of these exporting producers. The findings listed in recitals (37) to (48) address the problems identified for BLD Solar and Topray Solar 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)   BLD Solar

               (37)

               At the time of the verification visit in December 2016, BLD Solar's accounts showed that their four biggest allegedly unrelated customers had substantial amounts still due to be paid for modules purchased from BLD Solar. By way of example, one customer had not paid for more than one year after the last purchase. The balance still due amounted to more than 8 % of all BLD Solar sales to this customer. Such outstanding payments constitute ‘unlimited credits’ which are benefits to the customer. They are not allowed as compliance with the MIP cannot be verified for these transactions as set out in recital (26). BLD Solar had issued a large number of debit notes two days prior to the verification visit, allegedly claiming the outstanding payments. None of these debit notes had been entered into the accounts. In addition, BLD Solar failed to consult the Commission on this issue contrary to the obligations set out in recital (31).

               (38)

               BLD Solar paid a substantial amount to one of the four customers mentioned in recital (37). This benefit constitutes a compensatory arrangement. In addition, the payment was not reported. The Commission analysed the implications of this benefit and concluded that BLD Solar had breached its obligation not to enter into compensatory arrangements, as mentioned in recital (27). Moreover, by not reporting this benefit, BLD breached the reporting obligations referred to in recital (29).

               (39)

               According to publicly available information, BLD Solar had an office in the Union sharing the same address with one of its customers mentioned in recital (37). BLD Solar claimed this being unrealised business cooperation. Another one out of the four customers mentioned in recital (37) published a website which is nearly identical with BLD Solar's site, including the same linguistic errors.

               (40)

               The Commission also found that BLD accounted the sales to two importers under a joint customer account. In its quarterly reports to the Commission, however, BLD declared these customers as different entities, hence putting into question the correctness of the reports, as referred to in recital (29). In addition, BLD gave contradictory explanations regarding the business relationship with one of these customers which is related to a Chinese exporting producer not subject to the undertaking.

               (41)

               The Commission analysed the findings set out in recitals (39) to (40) and concluded that these harmed the relationship of trust established with the Commission.

               (42)

               In addition the Commission concluded that the findings set out in recitals (37) and (38) BLD Solar breached the terms of the undertaking, as described in recitals (26), (27), (29) and (31).

         (b)   Topray Solar

               (43)

               In addition to modules, Topray Solar sold big quantities of so-called consumer products like solar fountains and briefcase chargers. These products are not covered by the undertaking. No undertaking invoice should be issued for these products. However, Topray Solar unilaterally defined these products as product covered by the undertaking and issued undertaking invoices to the same customers which contained both: products covered and products non-covered by the undertaking. Moreover, the value of the product not covered by the undertaking was in excess of the parallel sales limit to the same customers. In addition, Topray Solar did not consult the Commission contrary to the obligations set out in recital (31).

               (44)

               Apart from the sales referred to in recital (43), Topray Solar sold additional products not covered by the undertaking (e.g. solar charge controllers) to the same customers without reporting these sales to the Commission. These sales further increased the parallel sales limit excess referred to in recital (43) and constitute a breach of the reporting obligations referred to in recital (29).

               (45)

               The Commission analysed the implications of this pattern of trade and concluded that there is a high risk of cross-compensation of the MIP, namely if products covered and products not covered are sold to the same customers in excess of the parallel sales limit. The Commission concluded that the identified pattern of trade renders the monitoring of Topray Solar's undertaking impracticable.

               (46)

               Topray Solar also sold significant quantities of products not covered by the undertaking (e.g. solar charge controllers) to its related importer in the Union. Topray Solar could not demonstrate that these products were ultimately not sold to a customer which purchased modules in parallel. The Commission analysed the implication of this pattern of trade and concluded that a high risk of cross-compensation exists insofar Topray Solar's related importer may sell products not covered by the undertaking to the same customers that purchase modules in parallel from Topray Solar. Such trade pattern renders the monitoring of Topray Solar's undertaking impracticable. Topray Solar also failed to report these transactions to the Commission, thus breaching the obligations as described in recital (29).

               (47)

               The Commission also found that Topray Solar accounted the sales to two importers under a joint customer account. In its quarterly reports to the Commission, however, Topray Solar declared these customers as different entities, hence putting into question the correctness of the reports, as referred to in recital (29).

               (48)

               Topray Solar also failed to notify the Commission about the acquisition of two related companies in the Union, in breach of the requirement set out in recital (33) above. In addition, a minor sales transaction to one of these companies was reported as sales to an unrelated importer, in breach of the obligations mentioned in recital (29).

         E.   ASSESSMENT OF PRACTICABILITY OF THE OVERALL UNDERTAKING

               (49)

               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 is required to assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (50)

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

               (51)

               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.

               (52)

               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.

         F.   WRITTEN SUBMISSIONS AND HEARINGS

               (53)

               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. The Commission received comments from an association representing the Union producers of solar modules and cells.

               (54)

               The association requested the Commission to withdraw the acceptance of the undertaking for the two exporting producers with retroactive effect as it considers that these breaches had seriously and repeatedly harmed the Union industry and distorted the Union market.

               (55)

               The Commission examined whether there are reasons to invalidate individual undertaking invoices issued by the two exporting producers pursuant to Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013.

               (56)

               As regards BLD Solar, the Commission could not establish that there was a direct link between the trade practises described in recitals (36) to (41) and individual undertaking invoices. Therefore, it considers that it is not appropriate to invalidate any undertaking invoices.

               (57)

               Regarding Topray Solar, the Commission considered the cases where products covered by the undertaking were sold together with products not covered by the undertaking to the same customer and where undertaking invoices were issued for the sales of products not covered by the undertaking. The Commission considered that Topray Solar, by issuing undertaking invoices in these cases, was in a position to conceal the excess of the parallel sales limit. Therefore, the Commission concluded that there is a direct link between the trade practise constituting a breach of the undertaking and the issue of such individual undertaking invoices.

         G.   INVALIDATION OF UNDERTAKING INVOICES

               (58)

               The sales transactions referred to in recital (57) by Topray Solar are linked to the following undertaking invoices:

                           Number of Commercial invoice accompanying goods subject to an undertaking

                           Date

                           XD2013092301

                           23.9.2013

                           XD2015042401

                           24.4.2015

                           XD2016041802

                           18.4.2016

                           XD2014060401

                           4.6.2014

                           XD2014061102

                           11.6.2014

                           XD2014061104

                           11.6.2014

                           XD2014071001

                           10.7.2014

                           XD2014071801

                           18.7.2014

                           XD2014072301

                           23.7.2014

                           XD2014080201

                           2.8.2014

                           XD2014091201

                           12.9.2014

                           XD2014120501

                           5.12.2014

                           XD2014121902

                           19.12.2014

                           XD2014122602

                           26.12.2014

                           XD2015021001

                           10.2.2015

                           XD2015021501

                           15.2.2015

                           XD2015032601

                           26.3.2015

                           XD2015041201

                           12.4.2015

                           XD2015052001

                           20.5.2015

                           XD2015052002

                           20.5.2015

                           XD2015060401

                           4.6.2015

                           XD2015060402

                           4.6.2015

                           XD2015062701

                           27.6.2015

                           XD2015062701-R

                           5.7.2016

                           XD2015071001

                           10.7.2015

                           XD2015071001-R

                           5.7.2016

                           XD2015072803

                           28.7.2015

                           XD2015072804

                           28.7.2015

                           XD2015081401

                           14.8.2015

                           XD2015081401-R

                           5.7.2016

                           XD2015092401

                           24.9.2015

                           XD2015093003

                           30.9.2015

                           XD2015120801

                           8.12.2015

                           XD2015122101

                           21.12.2015

                           XD2015122401

                           24.12.2015

                           XD2016010701

                           7.1.2016

                           XD2016011101

                           11.1.2016

                           XD2016032001

                           20.3.2016

                           XD2016032801

                           28.3.2016

                           XD2016041501

                           15.4.2016

                           XD2016041801

                           18.4.2016

                           XD2016052701

                           27.5.2016

                           XD2016061702

                           17.6.2016

                           XD2016062401

                           24.6.2016

                           XD2016071201

                           12.7.2016

                           XD2014021901

                           19.2.2014

                           XD2016011001

                           10.1.2016

                           XD2016011002

                           10.1.2016

                           XD2016051502

                           15.5.2016

                           XD2015091801

                           18.9.2015

                           XD2014111401

                           14.11.2014

                           XD2014032801

                           28.3.2014

                           XD2014050901

                           9.5.2014

                           XD2014080601

                           6.8.2014

                           XD2014082801

                           28.8.2014

                           XD2014091901

                           19.9.2014

                           XD2014121901

                           19.12.2014

                           XD2015020602

                           6.2.2015

                           XD2015032001

                           20.3.2015

                           XD2015052201

                           22.5.2015

                           XD2015062702

                           27.6.2015

                           XD2015091803

                           18.9.2015

                           XD2015101601

                           16.10.2015

                           XD2015112602

                           26.11.2015

                           XD2015123102

                           31.12.2015

                           XD2016042002

                           20.4.2016

                           XD2016052002

                           20.5.2016

                           XD2016071801

                           18.7.2016

                           XD2016072702

                           27.7.2016

                           XD2016092601

                           26.9.2016

                           XD2015021002

                           10.2.2015

                           XD2015021502

                           15.2.2015

                           XD2015032602

                           26.3.2015

                           XD2015112601

                           26.11.2015

                           XD2016020301

                           3.2.2016

                           XD2016042701

                           27.4.2016

                           XD2016061701

                           17.6.2016

                           XD2016062801

                           28.6.2016

                           XD2016070101

                           1.7.2016

                           XD2015051302

                           13.5.2015

                           XD2016090501

                           5.9.2016

                           XD2016072701

                           27.7.2016

               (59)

               The Commission disclosed the reasons for invalidation and the list of invoices to Topray Solar and to the importers concerned as reported by Topray Solar in its periodic reports. The Commission granted certain extensions to both Topray Solar and several importers to submit their comments upon reasoned justification.

               (60)

               Topray Solar made general statements that it had mistakenly reported the solar products not covered by the undertaking and that such mistake would not be sufficient to trigger the invalidation of undertaking invoices. It also submitted that it had no intention to breach the undertaking. Topray Solar further submitted that it had a misunderstanding of the solar products not covered by the undertaking.

               (61)

               As referred to in recitals (29) and (31), the exporter is obliged to issue undertaking invoices according to the provisions of the undertaking. Any difficulties or questions regarding the implementation have to be consulted with the Commission. In this regard, the Commission refers to comprehensive guidance that had been issued with regard to the term ‘product covered’. Moreover, the Commission held several training seminars, inter alia, on this issue. Finally, the assessment whether an undertaking invoice should be invalidated is only based on factual evidence.

               (62)

               Therefore, the arguments mentioned in recital (60) are rejected.

               (63)

               Topray Solar also contested the invalidation of invoices. It claimed that Article 8 and 10(5) of the basic anti-dumping Regulation and Article 13 and 16(5) of the basic anti-subsidy Regulation do not contain an empowerment to invalidate undertaking invoices. It claimed that the Commission cannot impose duties/order customs to levy duties on imports released for free circulation before the date of the withdrawal of the acceptance of the undertaking if imports have not been registered. The claim is based on an understanding that the Commission may decide to impose provisional duties before the withdrawal of the acceptance of the undertaking. According to Article 8(10) of the basic anti-dumping Regulation and Article 13(10) of the basic anti-subsidy Regulation, a provisional duty may be imposed in case where the investigation that led to the undertaking has not been completed. This is not the case in the case at hand where the investigations have been completed with the imposition of definitive anti-dumping and countervailing duties. Moreover, the empowerment to invalidate undertaking invoices stems directly from Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013. Consequently, in accordance with Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, in case of breach or withdrawal of the acceptance of the undertaking by the Commission, the definitive duties shall automatically apply. The claim is therefore rejected.

               (64)

               In addition, six importers submitted comments concerning the invalidation of undertaking invoices.

               (65)

               Two importers claimed that they had traded in good faith with Topray Solar and could not be in position to know that Topray Solar did not respect the undertaking. The first importer also claimed that the products not covered amounted to a small fraction compared to the solar modules it purchased from Topray Solar. In addition, the first importer submitted that the invalidation of invoices would be devastating and that it would become liable for circumstances beyond its control. The second importer claimed to have only one commercial transaction with Topray Solar in August 2013 and it did not know about the acceptance of the undertaking at that time.

               (66)

               The Commission recalls that importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission, as stipulated in Decision 2013/423/EU accepting the undertaking and confirmed by Implementing Decision 2013/707/EU. The Commission also notes that the product not covered purchased by the first importer did not represent a small fraction: it was well beyond the parallel sales limit. In addition, the Commission points out that Decision 2013/423/EU was published prior to the conclusion of the sales transaction claimed by the second importer. The Commission also notes that none of the importers contested that the undertaking invoices were issued for products not covered by the undertaking. The arguments of the two importers are therefore rejected.

               (67)

               The third importer submitted only the respective documentation related to the undertaking invoice which the Commission proposes to invalidate. Similarly to the other two importers referred to in recitals (65) and (66), this importer did not contest that the undertaking invoice was issued for a product not covered by the undertaking. Therefore, the Commission confirms its initial finding that the undertaking invoice has to be invalidated.

               (68)

               The fourth importer claimed that it cannot be hold responsible for the breach of Topray Solar and the undertaking invoice was issued for solar panels, which are product covered by the undertaking. In addition, this importer submitted general comments concerning the absence of a reasonable time limit for submission. The fifth importer submitted that the price of solar modules purchased from Topray Solar were well above the alleged MIP and that they imported less or the same quantity of other products (controllers) than solar panels.

               (69)

               The Commission first recalls that the ‘product covered’ by the undertaking are only those solar panels that are explicitly referred to in recital (6). The MIP is not applicable for products not covered by the undertaking, in particular for solar panels falling outside the scope defined in recital (6). It is meaningless to compare the sales price of the product not covered by the undertaking to the alleged MIP. These products were not subject to the investigation; hence their price cannot be verified and compared to the alleged MIP. Topray Solar should not have issued undertaking invoices at all for products not covered by the undertaking. By issuing these undertaking invoices in breach of the undertaking, Topray Solar was in position to conceal the excess of the parallel sales limit. The sales of controllers referred to by the fifth importer constitute yet an additional layer to the already existing breach of the parallel sales limit as referred in recital (44). As regards the reasonable time limit to provide comments, the Commission recalls that despite the extension granted to the fourth importer, it failed to submit further comments on the substance of the disclosure. The Commission therefore rejects these arguments.

               (70)

               The sixth importer claimed that the other products for which undertaking invoices were issued being solar panels purchased for demonstrative purposes.

               (71)

               The Commission notes that indeed part of the undertaking invoice could have been considered as a sample and the importer could have followed the respective customs procedure for samples to release them into free circulation in the Union. However, this was not the case and the importer did not contest that Topray Solar issued undertaking invoices for product not covered by the undertaking. Therefore, this argument is rejected.

               (72)

               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 for 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 (30) when the withdrawal of the undertaking in relation to the exporting producer enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.

               (73)

               In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, Nr. 7 of Implementing Regulation (EU) No 1238/2013 and to Article 2(1)(b) read in conjunction with Annex 2, Nr. 7 of Implementing Regulation (EU) No 1239/2013, 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.

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

               (74)

               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 BLD Solar and Topray Solar should be withdrawn.

               (75)

               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) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Topray Solar and BLD Solar as of the day of entry into force of this Regulation.

               (76)

               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.

               (77)

               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

               Shenzhen Topray Solar Co. Ltd, Shanxi Topray Solar Co. Ltd, Leshan Topray Cell Co. Ltd, together with their related company in the Union

               B880

               Yuhuan BLD Solar Technology Co. Ltd, Zhejiang BLD Solar Technology Co. Ltd

               B899

         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 for 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 and Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 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 and Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 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 and Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013. 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, 1 August 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 325, 5.12.2013, p. 66.

      (5)  OJ L 152, 5.6.2013, p. 5.

      (6)  OJ L 209, 3.8.2013, p. 26.

      (7)  OJ L 209, 3.8.2013, p. 1.

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

      (9)  OJ L 270, 11.9.2014, p. 6.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (24)  OJ L 56, 3.3.2017, p. 1.

      (25)  OJ L 56, 3.3.2017, p. 131.

      (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 269, 10.10.2013, p. 1.

      ANNEX I
      List of undertaking invoices issued by Shenzhen Topray Solar Co. Ltd, Shanxi Topray Solar Co. Ltd or Leshan Topray Cell Co. Ltd, which are declared invalid:

                  Number of Commercial invoice accompanying goods subject to an undertaking

                  Date

                  XD2013092301

                  23.9.2013

                  XD2015042401

                  24.4.2015

                  XD2016041802

                  18.4.2016

                  XD2014060401

                  4.6.2014

                  XD2014061102

                  11.6.2014

                  XD2014061104

                  11.6.2014

                  XD2014071001

                  10.7.2014

                  XD2014071801

                  18.7.2014

                  XD2014072301

                  23.7.2014

                  XD2014080201

                  2.8.2014

                  XD2014091201

                  12.9.2014

                  XD2014120501

                  5.12.2014

                  XD2014121902

                  19.12.2014

                  XD2014122602

                  26.12.2014

                  XD2015021001

                  10.2.2015

                  XD2015021501

                  15.2.2015

                  XD2015032601

                  26.3.2015

                  XD2015041201

                  12.4.2015

                  XD2015052001

                  20.5.2015

                  XD2015052002

                  20.5.2015

                  XD2015060401

                  4.6.2015

                  XD2015060402

                  4.6.2015

                  XD2015062701

                  27.6.2015

                  XD2015062701-R

                  5.7.2016

                  XD2015071001

                  10.7.2015

                  XD2015071001-R

                  5.7.2016

                  XD2015072803

                  28.7.2015

                  XD2015072804

                  28.7.2015

                  XD2015081401

                  14.8.2015

                  XD2015081401-R

                  5.7.2016

                  XD2015092401

                  24.9.2015

                  XD2015093003

                  30.9.2015

                  XD2015120801

                  8.12.2015

                  XD2015122101

                  21.12.2015

                  XD2015122401

                  24.12.2015

                  XD2016010701

                  7.1.2016

                  XD2016011101

                  11.1.2016

                  XD2016032001

                  20.3.2016

                  XD2016032801

                  28.3.2016

                  XD2016041501

                  15.4.2016

                  XD2016041801

                  18.4.2016

                  XD2016052701

                  27.5.2016

                  XD2016061702

                  17.6.2016

                  XD2016062401

                  24.6.2016

                  XD2016071201

                  12.7.2016

                  XD2014021901

                  19.2.2014

                  XD2016011001

                  10.1.2016

                  XD2016011002

                  10.1.2016

                  XD2016051502

                  15.5.2016

                  XD2015091801

                  18.9.2015

                  XD2014111401

                  14.11.2014

                  XD2014032801

                  28.3.2014

                  XD2014050901

                  9.5.2014

                  XD2014080601

                  6.8.2014

                  XD2014082801

                  28.8.2014

                  XD2014091901

                  19.9.2014

                  XD2014121901

                  19.12.2014

                  XD2015020602

                  6.2.2015

                  XD2015032001

                  20.3.2015

                  XD2015052201

                  22.5.2015

                  XD2015062702

                  27.6.2015

                  XD2015091803

                  18.9.2015

                  XD2015101601

                  16.10.2015

                  XD2015112602

                  26.11.2015

                  XD2015123102

                  31.12.2015

                  XD2016042002

                  20.4.2016

                  XD2016052002

                  20.5.2016

                  XD2016071801

                  18.7.2016

                  XD2016072702

                  27.7.2016

                  XD2016092601

                  26.9.2016

                  XD2015021002

                  10.2.2015

                  XD2015021502

                  15.2.2015

                  XD2015032602

                  26.3.2015

                  XD2015112601

                  26.11.2015

                  XD2016020301

                  3.2.2016

                  XD2016042701

                  27.4.2016

                  XD2016061701

                  17.6.2016

                  XD2016062801

                  28.6.2016

                  XD2016070101

                  1.7.2016

                  XD2015051302

                  13.5.2015

                  XD2016090501

                  5.9.2016

                  XD2016072701

                  27.7.2016

      ANNEX II
      List of companies:

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Alternative Energy (AE) Solar Co. Ltd

                  B799

                  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 SOLAR ENERGY S&T CO. LTD
                  Shanghai Shenzhou New Energy Development Co. Ltd
                  Lianyungang Shenzhou New Energy Co. Ltd

                  B875

                  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 Saijing Solar Co. Ltd

                  B890

                  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 328/2014 of 26 March 2014 entering a name in the register of protected designations of origin and protected geographical indications [Miele Varesino (PDO)]

text:
               1.4.2014

               EN

               Official Journal of the European Union

               L 98/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 328/2014
   of 26 March 2014
   entering a name in the register of protected designations of origin and protected geographical indications [Miele Varesino (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, Italy's application to register the name ‘Miele Varesino’ 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 ‘Miele Varesino’ 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, 26 March 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 317, 31.10.2013, p. 13.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:
      Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.)
      ITALY
      Miele Varesino (PDO)