title: Council Implementing Regulation (EU) No 824/2011 of 12 August 2011 terminating the partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India

text:
               18.8.2011

               EN

               Official Journal of the European Union

               L 211/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 824/2011
   of 12 August 2011
   terminating the partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Article 9 and Article 11(3) and (6) thereof,
   Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               By Regulation (EC) No 1676/2001 (2) (the original Regulation) the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India. On 8 March 2006, by Council Regulation (EC) No 366/2006 (3) (the amending Regulation) and following a partial interim review investigation, the anti-dumping duty on imports of PET film originating in India was amended.

               (2)

               On 6 November 2007, by Council Regulation (EC) No 1292/2007 (4) (the review Regulation) and following an expiry review the definitive anti-dumping duty on imports of PET film originating in India was confirmed.

               (3)

               MTZ Polyfilms Ltd (MTZ Polyfilms), an Indian exporting producer which cooperated with the above investigations, obtained an individual duty rate by the original Regulation. This duty rate was revised by the amending Regulation.

               (4)

               On 19 May 2006, MTZ Polyfilms lodged an application (5) at the General Court (‘the Court of First Instance’ before the entry into force of the Lisbon Treaty) seeking the annulment of the amending Regulation in so far as it applies to MTZ Polyfilms.

               (5)

               By its judgment of 17 November 2009 in Case T-143/06 (6), the General Court annulled the amending Regulation to the extent that it imposed an anti-dumping duty on MTZ Polyfilms (the judgment). The General Court found that the amending Regulation was adopted on an incorrect legal basis. It considered, in particular, that Article 11(3) of the basic Regulation could not serve as a legal basis allowing the institutions, when determining the export price, not to apply the methodology prescribed by Article 2(8) and (9) of the basic Regulation.

               (6)

               On 13 May 2011, by Implementing Regulation (EU) No 469/2011 (7) the definitive anti-dumping duty on imports of PET film originating in India was amended in view of the expiry of the up till then parallel countervailing duty on 9 March 2011.

         1.2.   Partial reopening

               (7)

               On 20 May 2010 a notice (8) was published in the Official Journal of the European Union. In the notice parties were informed that, in view of the judgment of the General Court mentioned in recital 5, imports into the European Union of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures imposed by the amending Regulation and the review Regulation, and that definitive anti-dumping duties paid pursuant to these regulations for the product concerned manufactured by MTZ Polyfilms should be repaid or remitted.

               (8)

               The notice also partially reopened the relevant anti-dumping interim review investigation concerning imports of PET film originating, inter alia, in India in order to implement the above judgment of the General Court as far as MTZ Polyfilms is concerned.

               (9)

               Moreover, by the same notice, MTZ Polyfilms was invited, should it consider that aspects of the findings which led to the adoption of the amending Regulation other than the one mentioned in recital 5 were no longer valid, to present a duly substantiated request for review in accordance with the provisions of Article 11(3) of the basic Regulation.

               (10)

               The Commission officially advised MTZ Polyfilms, the representatives of the exporting country, the other Indian exporting producers which cooperated in the investigation that led to the adoption of the amending Regulation, and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to be heard within the time limit set out in the notice.

               (11)

               Representations were received from two exporting producers in India (one being the party directly concerned, i.e. MTZ Polyfilms) and the Union industry.

         2.   IMPLEMENTATION OF THE JUDGMENT

   2.1.   Preliminary remark

               (12)

               As a preliminary remark it is important to note that MTZ Polyfilms did not reply to the invitation referred to in recital 9.

         2.2.   Comments of interested parties

               (13)

               MTZ Polyfilms argued that a partial reopening of a review investigation is illegal because there is no specific provision in the basic Regulation allowing for a possibility to reopen an investigation. The same company also submitted that the Commission’s reference in the notice referred to in recital 7 to the judgment in the IPS case (IPS judgment) (9) was erroneous as that judgment concerned an anti-dumping proceeding which had been initiated in a different legal framework as under the basic Regulation in force at that time, an anti-dumping proceeding consisted of several stages which included the initial investigation and all subsequent review investigations. The IPS judgment therefore dealt with the possibility of opening a new investigation within the framework of an ongoing proceeding. The distinction between a proceeding and an investigation had been written out of the basic Regulation in 1995 and, in the present case, the Commission had not initiated a new investigation in the framework of a proceeding but reopened an investigation which, according to MTZ Polyfilms, had already been concluded by the imposition of definitive measures.
               MTZ Polyfilms submitted that the IPS case could not serve as a precedent because it was based on Council Regulation (EЕC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (10) (the old basic Regulation), under which mandatory deadlines, in particular the maximum time for concluding a review investigation of 15 months from the date of initiation, did not yet apply. It argued that in this case, the 15 months deadline had lapsed soon after the reopening on 20 May 2010, since the amended measures were imposed more than 14 months after the initiation of the partial interim review investigation. Finally, according to MTZ Polyfilms, the judgment required no implementing measures, since the judgment is clear in all material aspects, simple and without any specific reservation and/or qualification annulling the amending Regulation as far as it concerned imports into the Union of PET film manufactured by MTZ Polyfilms.

               (14)

               Another Indian exporting producer of PET film, which had cooperated with the interim review, argued that, as in calculating its dumping margin the institutions had applied the same approach as the one which had been condemned by the General Court in its judgment, the institutions should now also revise the methodology for calculating dumping of this company, resulting in the absence of a dumping margin.

               (15)

               The Union industry claimed that, since the General Court had annulled the amending Regulation in so far as it imposed an anti-dumping duty on MTZ Polyfilms, the individual duty rate calculated and imposed in 2001 should be reimposed as, in the interim review, MTZ Polyfilms was still found to be dumping by a considerable margin. In this respect, it also pointed to a long-standing pattern of circumvention and origin fraud allegedly practised by the Indian exporters. Moreover, it alleged that there was a huge existing overcapacity in India and that in several other major world markets trade defence measures were in place against Indian PET film, which would inevitably lead to greater import volumes on the Union market of PET film manufactured by MTZ Polyfilms.

               (16)

               The Union industry also called on the Commission to ensure the registration of imports as it considered that the two conditions for such registration laid down in Article 10(4) of the basic Regulation had been met.

         2.3.   Analysis of comments

               (17)

               In respect of the alleged illegality of the reopening, it is recalled that in its IPS judgment the General Court recognised that in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of the amending Regulation in relation to one party does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Moreover, according to Article 266 of the Treaty on the Functioning of the European Union (TFEU), the Union institutions are required to comply with the judgment. This also implies the possibility of remedying the aspects of the amending Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the Court of Justice judgment — as was held in case C-458/98 P (11) (the IPS appeal case). In the light of the above, the claim that there is no legal basis for the partial reopening of a review investigation was found to be unwarranted.

               (18)

               The claim that the introduction of deadlines to conclude anti-dumping investigations prevents the Commission from following the approach underlying the IPS case was also found to be unwarranted. It is considered that this deadline is not relevant for the implementation of a Court of Justice judgment. Indeed, such deadline only governs the completion of the initial review investigation from the date of initiation to the date of definitive action, and does not concern any subsequent action that might have to be taken for instance as a result of judicial review. It should be noted that the General Court has not handed down any judgments which apply this reasoning, as that would make it impossible to finalise any anti-dumping investigation which was annulled by the General Court in order to take account of the General Court’s findings (as Article 266 TFEU requires). Indeed, the General Court’s judgment will always be handed down at a point in time when the deadline for the investigation has expired.

               (19)

               Concerning the claim of the other Indian exporting producer of PET film, it is recalled that the General Court annulled the amending Regulation only to the extent that it imposes an anti-dumping duty on MTZ Polyfilms. As a consequence, the judgment is no basis for revisiting the approach and/or calculations with regard to other exporting producers. Therefore, this claim has to be rejected.

               (20)

               Concerning the Union industry’s claim mentioned in recital 15, the reasoning in recital 17 is equally valid, i.e. case-law has established that, if the Court of Justice judges that an illegality has taken place, the Commission can resume an investigation procedure at the point just before the illegality occurred. Therefore, there is no immediate need to resort to previously established data, as argued by the Union industry.

               (21)

               Concerning the Union industry’s request for registration of imports, based on the information in the request and according to the statistical data available to the Commission it was concluded that the condition mentioned in Article 10(4)(b) of the basic Regulation, i.e. a substantial rise in the imports concerned, was not met (see also recital 24). The request for registration was therefore rejected.

         2.4.   Investigation

               (22)

               As mentioned in recital 5, the General Court annulled the amending Regulation as far as MTZ Polyfilms is concerned as it considered that Article 11(3) of the basic Regulation cannot serve as a legal basis allowing the institutions, when determining the export price, to depart from the methodology prescribed by Article 2(8) and (9) of the basic Regulation. It is also noted that all findings in the review Regulation, other than the ones which the General Court found to be erroneous, remain formally valid. This applies, in particular, to the finding that there were significant changes in circumstances justifying an amendment to the anti-dumping duty applicable to MTZ Polyfilms. Therefore, this aspect of the review was not reinvestigated in the context of the current procedure. During the review investigation period (RIP), MTZ Polyfilms exported the product concerned to the Union under a price undertaking and these sales respected the terms of the undertaking, i.e. were at prices which were above the agreed minimum prices. For the reasons explained in the review Regulation, it is confirmed that the export prices to the Union during the RIP cannot be used to calculate the dumping margin of MTZ Polyfilms.

               (23)

               In view of the above considerations, the current investigation was limited to an analysis of the facts available to the institutions regarding the export activities of MTZ Polyfilms. In this respect, as the Court of Justice has held in the IPS judgment, the institutions, when resuming an anti-dumping investigation following a judgment annulling a regulation imposing anti-dumping duties, are entitled to take account of recent information, including information dating from after the original investigation period. It also follows from the IPS judgment that this possibility to take recent information into account applies also to reviews, which is the case at hand here.

               (24)

               It is noted that after the coming into effect of the amending Regulation, and according to the available statistical information, import volumes of PET film manufactured by MTZ Polyfilms decreased strongly and even ceased as from 2008. Furthermore, the Council notes that the judgment annulling the review Regulation as far as MTZ Polyfilms is concerned was delivered on 17 November 2009. The notice referred to in recital 7, which indicated that following the General Court judgment the imports of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures, was published on 20 May 2010. This means that for more than one year those imports have only been subject to countervailing and customs duties, and not to an anti-dumping duty. In that context, the data gathered on the basis of Article 14(6) of the basic Regulation indicate that during recent years no such imports have taken place.

         2.5.   Conclusion

               (25)

               In the light of all the abovementioned circumstances, in particular the limited scope of the investigation at hand, which, in the light of the General Court judgment, did not re-examine the findings on the existence of changed circumstances and the unavailability of a reliable export price, the Council concludes that the recalculation of a dumping margin for MTZ Polyfilms and the reimposition of an anti-dumping duty on exports of PET film manufactured by MTZ Polyfilms would be inappropriate. As a consequence, it is concluded that the review investigation which was opened with a view to implement the General Court’s findings should be terminated without reimposing a duty.

               (26)

               All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to terminate the partial reopening of the anti-dumping interim review investigation concerning imports of PET film originating in India. Comments were received from the Union industry which reiterated, as already presented in recital 15, that the individual duty rate calculated and imposed in 2001 should be reimposed on MTZ Polyfilms, and expressed the view that the decrease in exports to the Union by MTZ Polyfilms does not mean that in the future the company is not likely to engage in injurious dumping. The Union industry also pointed out that the overall volume of imports of PET film from India had recently increased. The comments in recital 15 have already been addressed in recital 20. As regards the likely future behaviour of MTZ Polyfilms, it is considered that the absence of any imports from the company for a significant period of time, during which they were subject to low duty rates, as explained in recital 24, sufficiently demonstrates that the company is not likely to engage in injurious dumping. Despite the fact that recently imports from India have increased, the imports from MTZ Polyfilms have remained at zero,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India and manufactured by MTZ Polyfilms is hereby terminated.
   2.   Imports of PET film originating in India and manufactured by MTZ Polyfilms shall not be subject to an anti-dumping duty pursuant to this proceeding.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

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

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 227, 23.8.2001, p. 1.

      (3)  OJ L 68, 8.3.2006, p. 6.

      (4)  OJ L 288, 6.11.2007, p. 1.

      (5)  OJ C 178, 29.7.2006, p. 34.

      (6)  Case T-143/06 MTZ Polyfilms v Council [2009] ECR II-4133.

      (7)  OJ L 129, 17.5.2011, p. 1.

      (8)  OJ C 131, 20.5.2010, p. 3.

      (9)  Case T-2/95 Industrie des Poudres Sphériques v Council [1998] ECR II-3939.

      (10)  OJ L 209, 2.8.1988, p. 1.

      (11)  Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] ECR I-8147.


title: Commission Implementing Regulation (EU) 2015/588 of 14 April 2015 amending Implementing Regulation (EU) No 470/2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People's Republic of China

text:
               15.4.2015

               EN

               Official Journal of the European Union

               L 98/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/588
   of 14 April 2015
   amending Implementing Regulation (EU) No 470/2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People's Republic of China
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 9(4) and 14(1),
   Whereas:

               (1)

               On 13 May 2014 the Commission adopted Implementing Regulation (EU) No 470/2014 (2) (‘the Regulation imposing definitive anti-dumping duties’) and Implementing Regulation (EU) No 471/2014 (3) (‘the Regulation imposing definitive countervailing duties’).

               (2)

               Under the Regulation imposing definitive anti-dumping duties, the dumping margin for cooperating non-sampled companies was determined to be 84,7 % (4). The injury elimination level applicable to these companies was determined at 36,5 % (5).

               (3)

               Three of these companies did not cooperate in the parallel anti-subsidy investigation and for that reason their definitive anti-subsidy duty rate was determined at 17,1 % (6). The companies concerned are:

                           —

                           Henan Ancai Hi-Tech Co., Ltd,

                           —

                           Henan Succeed Photovoltaic Materials Corporation, and

                           —

                           Zibo Jinxing Glass Co. Ltd.

               (4)

               Pursuant to recital 167 of the Regulation imposing definitive anti-dumping duties, in parallel investigations where the subsidy margins are lower than the injury elimination level, the definitive anti-subsidy duty should be imposed at the level of the established subsidy margins and the definitive anti-dumping duty should be imposed up to the relevant injury elimination level.

               (5)

               On that basis, for the three companies that cooperated in the anti-dumping investigation but did not cooperate in the parallel anti-subsidy investigation, the rate at which the anti-dumping and the anti-subsidy duties should be imposed should be set as follows:

                           Company

                           Subsidy margin

                           Dumping margin

                           Injury elimination level

                           Countervailing (anti-subsidy) duty

                           Anti-dumping duty

                           Other cooperating companies in the anti-dumping investigation, but not in the parallel anti-subsidy investigation

                           17,1 %

                           84,7 %

                           36,5 %

                           17,1 %

                           19,4 %

               (6)

               It follows that recital 167 of the Regulation imposing definitive anti-dumping duties should also contain the information about the three companies as presented in the preceding recital.

               (7)

               It also follows that Article 1(2) of the Regulation imposing definitive anti-dumping duties should be amended accordingly.

               (8)

               If the amount of any duties paid or entered into the accounts in accordance with Article 1(2) of the Regulation imposing definitive anti-dumping duties exceeds those due under the present Regulation, that amount should be repaid or remitted. Similar applies to the provisional duties definitively collected under Article 2 of the same Regulation.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The table in Article 1(2) of Implementing Regulation (EU) No 470/2014 shall be replaced with the following table:

                  ‘Company

                  Anti-dumping duty

                  TARIC additional code

                  Xinyi PV Products (Anhui) Holdings Ltd

                  36,1 %

                  B943

                  Zhejiang Hehe Photovoltaic Glass Technology Co., Ltd

                  9,1 %

                  B944

                  Zhejiang Jiafu Glass Co., Ltd; Flat Solar Glass Group Co., Ltd; Shanghai Flat Glass Co., Ltd

                  29,3 %

                  B945

                  Henan Yuhua New Material Co., Ltd

                  0,4 %

                  B946

                  Other cooperating companies listed in Annex I, but not listed in Annex I to Commission Implementing Regulation (EU) No 471/2014 (7)

                  19,4 %

                  Other cooperating companies listed in Annex I

                  24,1 %

                  All other companies

                  25,0 %

                  B999

   Article 2
   1.   The amount of duties paid or entered into the accounts under Article 1 or 2 of Implementing Regulation (EU) No 470/2014 and which exceeds those as established in accordance with Article 1 of this Regulation, shall be repaid or remitted.
   2.   Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation within a period as set out in Article 236(2) of Council Regulation (EEC) No 2913/92 (8).
   Article 3
   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 retroactively as from 15 May 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 April 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People's Republic of China (OJ L 142, 14.5.2014, p. 1).

      (3)  Commission Implementing Regulation (EU) No 471/2014 of 13 May 2014 imposing definitive countervailing duties on imports of solar glass originating in the People's Republic of China (OJ L 142, 14.5.2014, p. 23).

      (4)  See recitals 60 and 167 of the Regulation imposing definitive anti-dumping duties.

      (5)  See recital 167 of the Regulation imposing definitive anti-dumping duties.

      (6)  See Article 1 of the Regulation imposing definitive countervailing duties.

      (7)  Commission Implementing Regulation (EU) No 471/2014 of 13 May 2014 imposing definitive countervailing duties on imports of solar glass originating in the People's Republic of China (OJ L 142, 14.5.2014, p. 23).’

      (8)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).


title: Commission Implementing Regulation (EU) No 136/2013 of 18 February 2013 excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2013, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks

text:
               19.2.2013

               EN

               Official Journal of the European Union

               L 46/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 136/2013
   of 18 February 2013
   excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2013, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (1), and in particular Article 29(2) thereof,
   Whereas:

               (1)

               Provisions for setting fishing effort limitations for the cod stocks in the Baltic Sea are set out in Regulation (EC) No 1098/2007.

               (2)

               On the basis of Regulation (EC) No 1098/2007, Annex II to Council Regulation (EU) No 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (2) has established fishing effort limitations for 2013 in the Baltic Sea.

               (3)

               According to Article 29(2) of Regulation (EC) No 1098/2007 the Commission may exclude ICES Subdivisions 27 and 28.2 from the scope of certain fishing effort limitations when the catches of cod were below a certain threshold in the last reporting period.

               (4)

               Taking into account the reports submitted by Member States and the advice from the Scientific, Technical and Economic Committee for Fisheries, ICES Subdivisions 27 and 28.2 should be excluded in 2013 from the scope of those fishing effort limitations.

               (5)

               Regulation (EU) No 1088/2012 will apply from 1 January 2013. In order to ensure coherence with that Regulation, this Regulation should also apply from 1 January 2013.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The provisions of Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall not apply to ICES Subdivisions 27 and 28.2 in the year 2013.
   Article 2
   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 January 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 February 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 248, 22.9.2007, p. 1.

      (2)  OJ L 323, 22.11.2012, p. 2.


title: Commission Implementing Regulation (EU) No 754/2014 of 11 July 2014 concerning the denial of authorisation of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as feed additives  Text with EEA relevance

text:
               12.7.2014

               EN

               Official Journal of the European Union

               L 205/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 754/2014
   of 11 July 2014
   concerning the denial of authorisation of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as feed additives
   (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 or denying such authorisation. Article 10(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable.

               (2)

               In accordance with Article 10(7) of Regulation (EC) No 1831/2003, Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044), formerly Lactococcus lactis (NCIMB 30044), were entered in the Register of Feed Additives as silage additives for all animal species.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, applications were submitted for the authorisation of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as feed additives for all animal species, with the request to classify them in the category ‘technological additives’ and in the functional group ‘silage additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 March 2014 (2) that Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) are resistant to tetracycline, an antibiotic used in human and veterinary medicine.

               (5)

               The information available does not permit the risk to be excluded that Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) may spread to other micro-organisms resistance to that antibiotic. Consequently, it has not been established that Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) do not have an adverse effect on animal health, human health or the environment, when used as feed additives under the proposed conditions.

               (6)

               The conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are therefore not satisfied. Accordingly, the authorisation of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as feed additives should be denied.

               (7)

               Since further use of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as feed additives may cause a risk to human and animal health, those feed additives should be withdrawn from the market as soon as possible. Taking into account practical reasons, it is, however, necessary to provide interested parties with a time period during which existing stocks of silage produced with those feed additives may be used up.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Denial of authorisation
   Authorisation of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) as additives in animal nutrition is denied.
   Article 2
   Transitional measures
   1.   Existing stocks of Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) and premixtures containing them shall be withdrawn from the market as soon as possible and at the latest by 30 September 2014.
   2.   Silage produced with Pediococcus pentosaceus (NCIMB 30068) and Pediococcus pentosaceus (NCIMB 30044) or with premixtures containing them before 1 August 2014 may be used up until stocks are exhausted.
   Article 3
   Entry into force
   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 is binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 July 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2014; 12(3):3609 and EFSA Journal 2014; 12(3):3610.


title: Commission Implementing Regulation (EU) No 400/2011 of 20 April 2011 fixing the export refunds on milk and milk products

text:
               21.4.2011

               EN

               Official Journal of the European Union

               L 105/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 400/2011
   of 20 April 2011
   fixing the export refunds on milk and milk products
   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 164(2) and Article 170, in conjunction with Article 4, thereof,
   Whereas:

               (1)

               Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVI of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund.

               (2)

               Given the present situation on the market in milk and milk products, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

               (3)

               Article 164(1) of Regulation (EC) No 1234/2007 provides that export refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

               (4)

               Refunds should be granted only on products that comply with the requirements of Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2).

               (5)

               The currently applicable refunds have been fixed by Commission Regulation (EU) No 44/2011 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               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
   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation, subject to the conditions provided for in Article 3 of Regulation (EC) No 1187/2009.
   Article 2
   Regulation (EU) No 44/2011 is hereby repealed.
   Article 3
   This Regulation shall enter into force on 21 April 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 April 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 318, 4.12.2009, p. 1.

      (3)  OJ L 18, 21.1.2011, p. 10.

      ANNEX

         Export refunds on milk and milk products applicable from 21 April 2011

                  Product code

                  Destination

                  Unit of measurement

                  Refunds

                  0401 30 31 9100

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 31 9400

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 31 9700

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 39 9100

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 39 9400

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 39 9700

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 91 9100

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 99 9100

                  L20

                  EUR/100 kg

                  0,00

                  0401 30 99 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 10 11 9000

                  L20

                  EUR/100 kg

                  0,00

                  0402 10 19 9000

                  L20

                  EUR/100 kg

                  0,00

                  0402 10 99 9000

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 11 9200

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 11 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 11 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 11 9900

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 17 9000

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 19 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 19 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 19 9900

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 91 9100

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 91 9200

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 91 9350

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9100

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9200

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9400

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9600

                  L20

                  EUR/100 kg

                  0,00

                  0402 21 99 9700

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 15 9200

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 15 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 15 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 19 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 19 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 19 9900

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 99 9100

                  L20

                  EUR/100 kg

                  0,00

                  0402 29 99 9500

                  L20

                  EUR/100 kg

                  0,00

                  0402 91 10 9370

                  L20

                  EUR/100 kg

                  0,00

                  0402 91 30 9300

                  L20

                  EUR/100 kg

                  0,00

                  0402 91 99 9000

                  L20

                  EUR/100 kg

                  0,00

                  0402 99 10 9350

                  L20

                  EUR/100 kg

                  0,00

                  0402 99 31 9300

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 11 9000

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 13 9200

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 13 9300

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 13 9500

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 13 9900

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 33 9400

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 59 9310

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 59 9340

                  L20

                  EUR/100 kg

                  0,00

                  0403 90 59 9370

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 21 9120

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 21 9160

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 23 9120

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 23 9130

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 23 9140

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 23 9150

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 81 9100

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 83 9110

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 83 9130

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 83 9150

                  L20

                  EUR/100 kg

                  0,00

                  0404 90 83 9170

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 11 9500

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 11 9700

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 19 9500

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 19 9700

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 30 9100

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 30 9300

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 30 9700

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 50 9500

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 50 9700

                  L20

                  EUR/100 kg

                  0,00

                  0405 10 90 9000

                  L20

                  EUR/100 kg

                  0,00

                  0405 20 90 9500

                  L20

                  EUR/100 kg

                  0,00

                  0405 20 90 9700

                  L20

                  EUR/100 kg

                  0,00

                  0405 90 10 9000

                  L20

                  EUR/100 kg

                  0,00

                  0405 90 90 9000

                  L20

                  EUR/100 kg

                  0,00

                  0406 10 20 9640

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 10 20 9650

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 10 20 9830

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 10 20 9850

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 20 90 9913

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 20 90 9915

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 20 90 9917

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 20 90 9919

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 31 9730

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 31 9930

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 31 9950

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 39 9500

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 39 9700

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 39 9930

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 30 39 9950

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 40 50 9000

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 40 90 9000

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 13 9000

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 15 9100

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 17 9100

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 21 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 23 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 25 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 27 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 29 9100

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 29 9300

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 32 9119

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 35 9190

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 35 9990

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 37 9000

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 61 9000

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 63 9100

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 63 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 69 9910

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 73 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 75 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 76 9300

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 76 9400

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 76 9500

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 78 9100

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 78 9300

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 79 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 81 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 85 9930

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 85 9970

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 86 9200

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 86 9400

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 86 9900

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9300

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9400

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9951

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9971

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9973

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9974

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9975

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 87 9979

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 88 9300

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  0406 90 88 9500

                  L04

                  EUR/100 kg

                  0,00

                  L40

                  EUR/100 kg

                  0,00

                  The destinations are defined as follows:

                              L20

                              :

                              All destinations with the exception of:

                                          (a)

                                          third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America;

                                          (b)

                                          territories of the EU Member States not forming part of the customs territory of the Community: 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 and not forming part of the customs territory of the Community: Gibraltar

                                          (d)

                                          (d) the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

                              L04

                              :

                              Albania, Bosnia and Herzegovina, Serbia, Kosovo (), Montenegro and the former Yugoslav Republic of Macedonia.

                              L40

                              :

                              All destinations with the exception of:

                                          (a)

                                          third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa;

                                          (b)

                                          territories of the EU Member States not forming part of the customs territory of the Community: 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 and not forming part of the customs territory of the Community: Gibraltar.

                                          (d)

                                          the destinations referred to in Article 33(1), Article 41(1) and Article 42(1) of Commission Regulation (EC) No 612/2009 (OJ L 186, 17.7.2009, p. 1).

         (1)  As defined by United Nations Security Council Resolution 1244 of 10 June 1999.