title: Commission Implementing Regulation (EU) No 1344/2014 of 17 December 2014 adding to the 2014-2015 fishing quotas for anchovy in the Bay of Biscay the quantities withheld by France and Spain in the fishing season 2013-2014 pursuant to Article 4(2) of Council Regulation (EC) No 847/96

text:
               18.12.2014

               EN

               Official Journal of the European Union

               L 363/78

         COMMISSION IMPLEMENTING REGULATION (EU) No 1344/2014
   of 17 December 2014
   adding to the 2014-2015 fishing quotas for anchovy in the Bay of Biscay the quantities withheld by France and Spain in the fishing season 2013-2014 pursuant to Article 4(2) of Council Regulation (EC) No 847/96
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (1), and in particular Article 4(2) thereof,
   Whereas:

               (1)

               According to Article 4(2) of Regulation No (EC) No 847/96, Member States may ask the Commission, before 31 October of the year of application of a fishing quota allocated to them, to withhold a maximum of 10 % of that quota to be transferred to the following year. The Commission is to add to the relevant quota the quantity withheld.

               (2)

               TAC and Member State quotas for the stock of anchovy in the Bay of Biscay (ICES subarea VIII) are currently set for an annual management season running from 1 July to 30 June of the following year.

               (3)

               Council Regulation (EU) No 713/2013 (2) fixes the fishing quotas for anchovy in the Bay of Biscay (ICES subarea VIII) for the period starting on the 1 July 2013 and ending on the 30 June 2014.

               (4)

               Council Regulation (EU) No 779/2014 (3) fixes the fishing quotas for anchovy in the Bay of Biscay (ICES subarea VIII) for the period starting on the 1 July 2014 and ending on the 30 June 2015.

               (5)

               However, taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (4) and quota transfers in accordance with Article 4(2) of Regulation (EC) No 847/96, the quotas available for that stock to France and Spain during the 2013-2014 fishing season amounted respectively to 3 590,9 tonnes and 15 226 tonnes.

               (6)

               At the end of that fishing season, France and Spain reported catches of anchovy in the Bay of Biscay for respective total amounts of 3 197,05 tonnes and 14 468,16 tonnes.

               (7)

               France and Spain have requested pursuant to Article 4(2) of Regulation (EC) No 847/96 that part of their anchovy quota for the 2013-2014 fishing season be withheld and transferred to the following fishing season. Within the limits indicated by that Regulation, the quantities withheld should be added to the respective quotas established by Council Regulation (EU) No 779/2014 (5) for the 2014-2015 fishing season.

               (8)

               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 fishing quota for anchovy fixed for France in the Bay of Biscay in Regulation (EU) No 779/2014 is increased by 359,09 tonnes
   Article 2
   The fishing quota for anchovy fixed for Spain in the Bay of Biscay in Regulation (EU) No 779/2014 is increased by 757,84 tonnes.
   Article 3
   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, 17 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 115, 9.5.1996, p. 3.

      (2)  Council Regulation (EU) No 713/2013 of 23 July 2013 establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2013/14 fishing season (OJ L 201, 26.7.2013, p. 8).

      (3)  Council Regulation (EU) No 779/2014 of 17 July 2014 fixing the fishing opportunities for anchovy in the Bay of Biscay for the 2014/15 fishing season (OJ L 212, 18.7.2014, p. 1).

      (4)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

      (5)  Council Regulation (EU) No 779/2014 of 17 July 2014 fixing the fishing opportunities for anchovy in the Bay of Biscay for the 2014/15 fishing season (OJ L 212, 17.7.2014, p. 1).


title: Commission Implementing Regulation (EU) No 567/2013 of 18 June 2013 correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries  Text with EEA relevance

text:
               19.6.2013

               EN

               Official Journal of the European Union

               L 167/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 567/2013
   of 18 June 2013
   correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(d) thereof,
   Whereas:

               (1)

               Annex III to Commission Regulation (EC) No 1235/2008 (2) sets out the list of third countries whose system of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007. In relation to some countries listed in that Annex as amended by Commission Implementing Regulation (EU) No 508/2012 (3) the internet address indicated for some control bodies is not correct or no longer correct.

               (2)

               Annex IV to Regulation (EC) No 1235/2008 sets out the list of control bodies and control authorities competent to carry out controls and issue certificates in third countries for the purpose of equivalence. In relation to some control bodies or control authorities the text of that Annex as amended by Implementing Regulation (EU) No 508/2012 and Commission Implementing Regulation (EU) No 125/2013 (4) contains errors as regards the product categories indicated for some third countries.

               (3)

               In addition, for one control body the internet address as indicated in Annexes III and IV to Regulation (EC) No 1235/2008 is incorrect.

               (4)

               Annexes III and IV to Regulation (EC) No 1235/2008 should therefore be corrected accordingly.

               (5)

               For the sake of legal certainty, the corrected provisions relating to AGRECO R.F. GÖDERZ GmbH should apply from the date of application of Annex II to Implementing Regulation (EU) No 508/2012 and the corrected provisions relating to IMO-Control Sertifikasyon Tic. Ltd Ști and Organización Internacional Agropecuaria should apply from the date of application of Annex II to Implementing Regulation (EU) No 125/2013.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1235/2008 is corrected as follows:

               (1)

               Annex III is corrected in accordance with Annex I to this Regulation;

               (2)

               Annex IV is corrected in accordance with Annex II to this Regulation.

         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   However, point (1) of Annex II shall apply from 1 July 2012 and points (3) and (4) of Annex II shall apply from 1 April 2013.

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

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  OJ L 334, 12.12.2008, p. 25.

      (3)  OJ L 162, 21.6.2012, p. 1.

      (4)  OJ L 43, 14.2.2013, p. 1.

      ANNEX I
      Annex III to Regulation (EC) No 1235/2008 is corrected as follows:

                  (1)

                  in point 5 of the text relating to ‘Canada’, the entry relating to CA-ORG-002 is replaced by the following:

                              ‘CA-ORG-002

                              British Columbia Association for Regenerative Agriculture (BCARA)

                              www.certifiedorganic.bc.ca’

                  (2)

                  in the text relating to ‘Costa Rica’, point 4 is replaced by the following:

                              ‘4.

                              Competent authority: Servicio Fitosanitario del Estado, Ministerio de Agricultura y Ganadería, www.sfe.go.cr’.

                  (3)

                  the text relating to ‘India’ is corrected as follows:

                              (a)

                              point 4 is replaced by the following:

                                          ‘4.

                                          Competent authority: Agricultural and Processed Food Export Development Authority APEDA, http://www.apeda.gov.in/apedawebsite/index.asp’.

                              (b)

                              in point 5, the entries relating to IN-ORG-009, IN-ORG-011, IN-ORG-016, IN-ORG-019 and IN-ORG-021 are replaced by the following:

                                          ‘IN-ORG-009

                                          ISCOP (Indian Society for Certification of Organic products)

                                          www.iscoporganiccertification.org

                                          IN-ORG-011

                                          Natural Organic Certification Agro Pvt. Ltd (NOCA Pvt. Ltd)

                                          www.nocaagro.com

                                          IN-ORG-016

                                          Rajasthan Organic Certification Agency (ROCA)

                                          www.krishi.rajasthan.gov.in

                                          IN-ORG-019

                                          TUV India Pvt. Ltd

                                          www.tuvindia.co.in

                                          IN-ORG-021

                                          Madhya Pradesh State Organic Certification Agency (MPSOCA)

                                          www.mpkrishi.org’

                  (4)

                  in point 5 of the text relating to ‘Japan’, the entry related to JP-BIO-005 is replaced by the following:

                              ‘JP-BIO-005

                              Japan Organic & Natural Foods Association

                              http://jona-japan.org/english/’

                  (5)

                  in point 5 of the text relating to Tunisia, the entry relating to TN-BIO-004 is replaced by the following:

                              ‘TN-BIO-004

                              Lacon

                              www.lacon-institut.com’

                  (6)

                  in point 5 of the text relating to the United States, the entries relating to US-ORG-005, US-ORG-023, US-ORG-028 and US-ORG-055 are replaced by the following:

                              ‘US-ORG-005

                              BIOAGRIcert

                              http://www.bioagricert.org/english

                              US-ORG-023

                              Maryland Department of Agriculture

                              http://mda.maryland.gov/foodfeedquality/Pages/certified_md_organic_farms.aspx

                              US-ORG-028

                              Montana Department of Agriculture

                              http://agr.mt.gov/agr/Producer/Organic/Info/index.html

                              US-ORG-055

                              Texas Department of Agriculture

                              http://www.texasagriculture.gov/regulatoryprograms/organics.aspx’

      ANNEX II
      Annex IV to Regulation (EC) No 1235/2008 is corrected as follows:

                  (1)

                  in point 3 of the text relating to ‘AGRECO R.F. GÖDERZ GmbH’, the entry for Ghana is replaced by the following:

                              ‘Ghana

                              GH-BIO-151

                              x

                              —

                              —

                              x

                              —

                              —’

                  (2)

                  in the text relating to ‘BioAgriCert S.r.l.’, point 2 is replaced by the following:

                              ‘2.

                              Internet address: http://www.bioagricert.org/english/’;

                  (3)

                  in the text relating to ‘IMO-Control Sertifikasyon Tic. Ltd Ști’, point 3 is replaced by the following:

                              ‘3.

                              Third countries, code numbers and product categories concerned:

                                          Third country

                                          Code number

                                          Category of products

                                          A

                                          B

                                          C

                                          D

                                          E

                                          F

                                          Turkey

                                          TR-BIO-158

                                          x

                                          —

                                          —

                                          x

                                          —

                                          —’

                  (4)

                  in point 3 of the text relating to ‘Organización Internacional Agropecuaria’, the entry for Argentina is replaced by the following:

                              ‘Argentina

                              AR-BIO-110

                              —

                              —

                              x

                              —

                              —

                              —’


title: Commission Implementing Regulation (EU) No 731/2013 of 29 July 2013 amending for the 197th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               30.7.2013

               EN

               Official Journal of the European Union

               L 203/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 731/2013
   of 29 July 2013
   amending for the 197th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,
   Whereas:

               (1)

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

               (2)

               On 22 July 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering a de-listing request submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to United Nations Security Council Resolution 1904(2009). Furthermore, on 19 July 2013, the Sanctions Committee of the UNSC decided to amend one entry on the list.

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 July 2013.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entry under the heading ‘Natural persons’ is deleted:
                  ‘Muhammad ‘Abdallah Salih Sughayr (alias (a) Muhammad’ Abdallah Salih Al- Sughayir, (b) Muhammad’ Abdallah Salih Al-Sughaier, (c) Muhammad’ Abdallah Salih Al-Sughayer, (d) Mohd Al-Saghir, (e) Muhammad Al- Sugayer, (f) Muhammad ‘Abdallah Salih Al-Sughair, (g) Muhammad ‘Abdallah Salih Al-Sugair, (h) Muhammad ‘Abdallah Salih Al-Suqayr, (i) Mohammad Abdullah S Ssughayer, (j) Abu Bakr, (k) Abu Abdullah. Date of birth: 20.8.1972. Place of birth: Al-Karawiya, Oneiza, Saudi Arabia. Passport No: E864131 (Saudi Arabian, issued on 30.12.2001, expired on 6.11.2006). Nationality: Saudi Arabian. Other information: Involved in the financing of, arms supply to, recruitment for and otherwise provided assistance to the Abu Sayyaf Group. Date of designation referred to in Article 2a (4) (b): 9.10.2007.’

                  (2)

                  The entry ‘Omar Mahmoud Uthman (alias (a) Al-Samman Uthman, (b) Umar Uthman, (c) Omar Mohammed Othman, (d) Abu Qatada Al- Filistini, (e) Abu Umr Takfiri, (f) Abu Omar Abu Umar, (g) Abu Umar Umar (e) Abu Ismail). Date of birth: (a) 30.12.1960, (b) 13.12.1960. Place of Birth: Bethlehem, West Bank, Palestinian Territories. Nationality: Jordanian. Address: United Kingdom (since 1993). Other information: Detained in the United Kingdom between October 2002 and March 2005 and between August 2005 and June 2008. In custody in the United Kingdom since December 2008 (as at March 2009). Date of designation referred to in Article 2a(4)(b): 17.10.2001.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Omar Mahmoud Uthman (alias (a) Al-Samman Uthman, (b) Umar Uthman, (c) Omar Mohammed Othman, (d) Abu Qatada Al-Filistini, (e) Abu Umr Takfiri, (f) Abu Omar Abu Umar, (g) Abu Umar Umar, (h) Abu Ismail). Date of birth: (a) 30.12.1960, (b) 13.12.1960. Place of Birth: Bethlehem, West Bank, Palestinian Territories. Nationality: Jordanian. Address: Jordan (since July 2013). Date of designation referred to in Article 2a(4)(b): 17.10.2001.’


title: Commission Implementing Regulation (EU) No 1076/2013 of 31 October 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as regards the temporary import, export and re-import of portable music instruments

text:
               1.11.2013

               EN

               Official Journal of the European Union

               L 292/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1076/2013
   of 31 October 2013
   amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as regards the temporary import, export and re-import of portable music instruments
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
   Whereas:

               (1)

               Section 2 of Chapter 3 of Title VII of Part I of Commission Regulation (EEC) No 2454/93 (2) sets out the rules concerning ‘customs declarations made by any other act’. In accordance with Articles 230, 231 and 232 of that Regulation, certain categories of goods are to be considered to have been declared for release for free circulation, for export or for temporary importation by an act which is considered to be a customs declaration in the forms set out in Article 233.

               (2)

               However, portable musical instruments which are temporarily imported by travellers with the intention of using them as professional equipment are to be presented to customs and to be declared explicitly for the temporary importation procedure.

               (3)

               Recent incidents, where artists in the music sector have been negatively affected by the application of customs rules at import, have indicated that there is a need to simplify the access to the temporary importation procedure by allowing such portable musical instruments to be declared by any other act. In order to avoid that similar problems occur in connection with export and reimport, such simplification should also cover portable musical instruments which have been declared for export or which have been re-imported and declared for release for free circulation as returned goods by travellers.

               (4)

               Regulation (EEC) No 2454/93 should therefore be amended accordingly.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EEC) No 2454/93 is amended as follows:

               (1)

               In Article 230, the following point (e) is added:

                           ‘(e)

                           portable musical instruments imported by travellers and entitled to relief as returned goods.’

               (2)

               In Article 231, the following point (e) is added:

                           ‘(e)

                           portable musical instruments of travellers.’

               (3)

               In Article 232, paragraph 1, the following point (d) is added:

                           ‘(d)

                           portable musical instruments referred to in Article 569(1a).’.

               (4)

               In Article 569, the following paragraph 1a is inserted:
               ‘1a.   Total relief from import duties shall be granted for portable musical instruments temporarily imported by a traveller as defined in Article 236(A) with the intention of using them as professional equipment.’.

         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, 31 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 302, 19.10.1992, p. 1.

      (2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).


title: Commission Implementing Regulation (EU) 2016/528 of 4 April 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               5.4.2016

               EN

               Official Journal of the European Union

               L 88/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/528
   of 4 April 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 April 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  268,0

                  MA

                  96,2

                  SN

                  66,9

                  TR

                  106,7

                  ZZ

                  134,5

                  0707 00 05

                  MA

                  83,3

                  TR

                  134,4

                  ZZ

                  108,9

                  0709 93 10

                  EG

                  44,3

                  MA

                  97,9

                  TR

                  149,6

                  ZZ

                  97,3

                  0805 10 20

                  EG

                  48,3

                  IL

                  83,3

                  MA

                  73,5

                  TN

                  71,4

                  TR

                  72,3

                  ZA

                  51,4

                  ZZ

                  66,7

                  0805 50 10

                  MA

                  85,6

                  TR

                  105,4

                  ZZ

                  95,5

                  0808 10 80

                  BR

                  94,4

                  CL

                  113,5

                  CN

                  124,1

                  US

                  151,8

                  ZA

                  71,2

                  ZZ

                  111,0

                  0808 30 90

                  AR

                  108,8

                  CL

                  132,7

                  ZA

                  110,9

                  ZZ

                  117,5

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 754/2013 of 5 August 2013 amending for the 198th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               6.8.2013

               EN

               Official Journal of the European Union

               L 210/24

         COMMISSION IMPLEMENTING REGULATION (EU) No 754/2013
   of 5 August 2013
   amending for the 198th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a), 7a(1) and 7a(5) thereof,
   Whereas:

               (1)

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

               (2)

               On 23 July 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to add one natural person to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Furthermore, the Sanctions Committee of the UNSC decided to amend four entries on the list.

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 August 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entry shall be added under the heading ‘Natural persons’:
                  ‘Abu Mohammed Al-Jawlani (alias (a) Abu Mohamed al-Jawlani, (b) Abu Muhammad al-Jawlani, (c) Abu Mohammed al-Julani, (d) Abu Mohammed al-Golani, (e) Abu Muhammad al-Golani, (f) Abu Muhammad Aljawlani, (g) Muhammad al-Jawlani, (h) Shaykh al-Fatih; (i) Al Fatih. Date of birth: Between 1975 and 1979. Place of birth: Syria. Nationality: Syrian. Address: In Syria as at June 2013. Date of designation referred to in Article 2a (4) (b): 24.7.2013.’

                  (2)

                  The entry ‘Haji Muhammad Ashraf (alias Haji M. Ashraf). Date of birth: 1.3.1965. Nationality: Pakistani. Date of designation referred to in Article 2a (4)(b): 10.12.2008. Other information: Father's name is Noor Muhammad.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Haji Muhammad Ashraf (alias (a) Haji M. Ashraf, (b) Muhammad Ashraf Manshah, (c) Muhammad Ashraf Munsha). Date of birth: (a) 1.3.1965, (b) 1955. Place of birth: Faisalabad, Pakistan. Nationality: Pakistani. Passport no.: (a) AT0712501 (Pakistani, issued on 12.3.2008, expired 11.3.2013), (b) A-374184 (Pakistani). National identification no.: (a) 6110125312507 (Pakistani), (b) 24492025390 (Pakistani). Other information: Father's name is Noor Muhammad. Date of designation referred to in Article 2a (4)(b): 10.12.2008.’

                  (3)

                  The entry ‘Adil Muhammad Mahmud Abd Al-Khaliq (alias (a) Adel Mohamed Mahmoud Abdul Khaliq; (b) Adel Mohamed Mahmood Abdul Khaled). Date of birth: 2.3.1984. Place of birth: Bahrain. Passport No: 1632207 (Bahrain). Other information: (a) Has acted on behalf of and provided financial, material and logistical support to Al-Qaida and the Libyan Islamic Fighting Group, including provision of electrical parts used in explosives, computers, GPS devices and military equipment. (b) Trained by Al-Qaida in small arms and explosives in South Asia and fought with Al-Qaida in Afghanistan. (c) Arrested in the United Arab Emirates (UAE) in January 2007 on charges of being a member of Al-Qaida and the Libyan Islamic Fighting Group. (d) Following his conviction in the United Arab Emirates in late 2007,he was transferred to Bahrain in early 2008 to serve out the remainder of his sentence.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Adil Muhammad Mahmud Abd Al-Khaliq (alias (a) Adel Mohamed Mahmoud Abdul Khaliq; (b) Adel Mohamed Mahmood Abdul Khaled). Date of birth: 2.3.1984. Place of birth: Bahrain. Nationality: Bahraini. Passport No: 1632207 (Bahraini). Date of designation referred to in Article 2a (4)(b): 10.10.2008.’

                  (4)

                  The entry ‘Sayf al-Adl (alias Saif Al-’Adil). Date of birth: 1963. Place of birth: Egypt. Other information: (a) Thought to be an Egyptian national; (b) Responsible for Usama bin Laden's security. Date of designation referred to in Article 2a(4)(b): 25.1.2001.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Sayf-Al Adl (alias (a) Saif Al-’Adil, (b) Seif al Adel, (c) Muhamad Ibrahim Makkawi, (d) Ibrahim al-Madani). Date of birth: (a) 1963, (b) 11.4.1963, (c) 11.4.1960. Place of birth: Egypt. Nationality: Egyptian. Date of designation referred to in Article 2a(4)(b): 25.1.2001.’

                  (5)

                  The entry ‘Fazeel-A-Tul Shaykh Abu Mohammed Ameen Al-Peshawari (alias (a) Shaykh Aminullah, (b) Sheik Aminullah, (c) Abu Mohammad Aminullah Peshawari, (d) Abu Mohammad Amin Bishawri, (e) Abu Mohammad Shaykh Aminullah Al-Bishauri, (f) Shaykh Abu Mohammed Ameen al-Peshawari, (g) Shaykh Aminullah Al-Peshawari). Address: Ganj District, Peshawar, Pakistan. Date of birth: (a) Approximately 1967, (b) Approximately 1961, (c) Approximately 1973. Place of birth: Konar province, Afghanistan. Other information: In detention as of June 2009. Date of designation referred to in Article 2a(4)(b): 29.6.2009.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Fazeel-A-Tul Shaykh Abu Mohammed Ameen Al-Peshawari (alias (a) Shaykh Aminullah, (b) Sheik Aminullah, (c) Abu Mohammad Aminullah Peshawari, (d) Abu Mohammad Amin Bishawri, (e) Abu Mohammad Shaykh Aminullah Al-Bishauri, (f) Shaykh Abu Mohammed Ameen al-Peshawari, (g) Shaykh Aminullah Al-Peshawari). Nationality: Afgan. Date of birth: (a) Approximately 1967, (b) Approximately 1961, (c) Approximately 1973. Place of birth: Shunkrai village, Sarkani District, Konar province, Afghanistan. Address: Ganj District, Peshawar, Pakistan. Date of designation referred to in Article 2a(4)(b): 29.6.2009.’


title: Council Implementing Regulation (EU) No 1153/2012 of 3 December 2012 imposing a definitive anti-dumping duty on imports of chamois leather originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

text:
               6.12.2012

               EN

               Official Journal of the European Union

               L 334/31

         COUNCIL IMPLEMENTING REGULATION (EU) No 1153/2012
   of 3 December 2012
   imposing a definitive anti-dumping duty on imports of chamois leather originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
   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 Articles 9(4) and 11(2) thereof,
   Having regard to the proposal submitted by the European Commission (‘the Commission’) after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               The Council, following an anti-dumping investigation (‘the original investigation’), imposed by Regulation (EC) No 1338/2006 (2) a definitive anti-dumping duty on imports of chamois leather currently falling within CN codes 4114 10 10 and 4114 10 90 originating in the People’s Republic of China (the ‘PRC’ or ‘the country concerned’) (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty at the level of 58,9 %.

         2.   Request for an expiry review

               (2)

               Following the publication of a notice of impending expiry of the definitive anti-dumping measures in force (3), the Commission received on 14 June 2011 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by the UK Leather Federation (‘the applicant’), representing more than 50 % of the total Union production of chamois leather.

               (3)

               The application submitted was based on the grounds that the expiry of the definitive anti-dumping measures would be likely to result in a continuation of dumping and injury to the Union industry.

         3.   Initiation of an expiry review

               (4)

               Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 13 September 2011, by a notice published in the Official Journal of the European Union
                   (4) (‘the Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

         4.   Investigation

   4.1.   Review investigation period and period considered

               (5)

               The investigation of a continuation of dumping covered the period from 1 July 2010 to 30 June 2011 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation of injury covered the period from 1 January 2008 to the end of the review investigation period (‘the period considered’).

         4.2.   Parties concerned by the investigation

               (6)

               The Commission officially advised the applicant and other known Union producers, exporting producers in the country concerned, unrelated importers, users in the Union known to be concerned, and the representatives of the exporting country of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation.

               (7)

               In view of the apparent large number of Union producers, exporting producers in the country concerned and unrelated importers, it was considered appropriate, in accordance with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, those parties were requested, pursuant to Article 17 of the basic Regulation, to make themselves known within 15 days of the initiation of the review and to provide the Commission with the information requested in the Notice of initiation.

               (8)

               Sampling for Union producers has been applied, and out of three known Union producers two groups of producers have been sampled.

               (9)

               Six known exporting producers in the PRC were contacted. However, none of these companies cooperated in the investigation.

               (10)

               With regard to importers, 35 unrelated importers of chamois leather in the Union were identified and invited to provide sampling information. Only two of them came forward and were willing to cooperate in the current review. Consequently, no sampling was necessary for unrelated importers.

               (11)

               The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from the sampled groups of Union producers and two cooperating unrelated importers. None of the exporting producers in the PRC cooperated in the review and no relevant consumer association supplied the Commission with any information or made itself known in the course of the investigation.

               (12)

               The Commission sought and verified all the information it deemed necessary for a determination of the likelihood of a continuation of dumping and resulting injury and of the Union interest. Verification visits were carried out at the premises of the following interested parties:

               —

               Hutchings & Harding Ltd, Cambridge, United Kingdom; and

               —

               Marocchinerie e Scamoscerie Italiane Spa, Turin, Italy.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (13)

               The product concerned by this review is the same as the one in the original investigation, namely chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather originating in the People’s Republic of China (‘the product concerned’), currently falling within CN codes 4114 10 10 and 4114 10 90.

               (14)

               The investigation confirmed that, as in the original investigation, the product concerned and the products manufactured and sold on the domestic market in the PRC, as well as those manufactured and sold in the Union by the Union producers, have the same basic physical and technical characteristics as well as the same uses and are, therefore, considered to be like products within the meaning of Article 1(4) of the basic Regulation.

         C.   LIKELIHOOD OF A CONTINUATION OF DUMPING

               (15)

               In accordance with Article 11(2) of the basic Regulation, it was examined whether the expiry of the existing measures would be likely to lead to a continuation of dumping.

         1.   Preliminary remarks

               (16)

               As stated in recital (9) above, none of the six exporting producers in the PRC contacted cooperated with the investigation and findings on the likelihood of a continuation of dumping had to be based on facts available, in particular information submitted by the applicant, including information in the review request, and statistics in accordance with Article 18 of the basic Regulation.

         2.   Dumping of imports during the RIP

   2.1.   Analogue country

               (17)

               In accordance with the provisions of Article 2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the price or constructed normal value obtained in an appropriate market economy third country (the ‘analogue country’), or the price from the analogue country to other countries, including the Union, or, where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.

               (18)

               In the original investigation, the USA served as an analogue country for the purpose of establishing the normal value. The only chamois leather producer operating in the USA at the time of the original investigation has since closed its production site. Since then, its chamois leather has been imported from a joint venture company in Turkey. As there is no more significant production of chamois leather left in the USA, other countries, i.e. New Zealand, Turkey and India, were envisaged as analogue countries in the Notice of initiation of the present review. Potential analogue country producers located in New Zealand, Turkey and India were contacted, but no cooperation could be obtained.

               (19)

               Regarding the normal value, in the absence of cooperation from an analogue country producer, it was determined on the basis of information on the average price of Indian imports into the Union as available in the import statistics from Eurostat for the RIP (India being the country with the highest volume of imports into the Union). Regarding the export price, in the absence of cooperation from the exporting producers from the PRC, it was based on the information on the average price of the Chinese imports into the Union as available in the import statistics from Eurostat for the RIP. On those bases, the dumping margin was established as the difference between the average price of the Indian imports into the Union used as normal value and the average price of the Chinese imports used as export price. The dumping calculation resulted in a dumping margin of 64 %.

         2.2.   Development of imports should measures be repealed

               (20)

               Further to the analysis of the existence of dumping during the RIP, the likelihood of continuation of dumping should measures be repealed was investigated. Given the fact that no exporting producer in the PRC cooperated in this investigation, the conclusions below rely on facts available in accordance with Article 18 of the basic Regulation, namely information provided in the review request, data provided by the applicant, as well as Eurostat data.

               (21)

               In this respect, the following elements were analysed: development of imports from the PRC, production and spare capacity of the exporting producers and attractiveness of the Union market in terms of prices and volumes.

               (22)

               As indicated in recital (32) below, the price comparison between imports from the PRC in the RIP and Union industry prices shows significant undercutting (51,6 %). The Union market continues to be attractive for Chinese exporting producers, both in terms of price and volumes. This is reinforced by the fact that there are significant production capacities available in the PRC since the imposition of measures when imports from the PRC were reduced. Already prior to the imposition of measures the PRC tripled its Union market share for this product — from 10,7 % market share of the Union market in 2001 to 31,7 % in 2004. Furthermore, Chinese export prices to the Union are still higher than those on the markets of certain other third countries, making the Union market attractive to the Chinese exporting producers.

               (23)

               The foregoing analysis demonstrates that Chinese exports continued to enter the Union market at dumped prices with very high dumping margins. Given most notably the analysis of price levels in the Union as well as capacities available in the PRC, it can be concluded there is a likelihood of a continuation of dumping should measures be removed.

         D.   INJURY

   1.   Union industry

               (24)

               Within the Union, the like product is manufactured by three (groups of) companies. Two of them are represented by the applicant and are based in the UK and Italy with some processing in Poland and Romania. A third producer is based in Italy and is supporting the request. All other chamois leather producers are reported to have closed their manufacturing sites since 2006 when the original measures were introduced.

               (25)

               The total Union production within the meaning of Article 4(1) of the basic Regulation was established on the basis of the questionnaire replies from the sampled Union producers and the basic macro data submitted by the third producer in the standing/sampling exercise. Those companies constitute the Union industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation, and will hereafter be referred to as the ‘Union industry’. The two sampled producers account for 80 % of Union production.

               (26)

               Since the microeconomic injury indicators are based on data of two companies only, they are presented in an indexed format in order to preserve confidentiality, pursuant to Article 19 of the basic Regulation.

         2.   Consumption in the Union market

               (27)

               Union consumption was established on the basis of the sales volumes of the Union industry on the Union market and import data from Eurostat.

               (28)

               It is also noted that since 2010, there have been significant volumes of low-priced chamois leather exported to the rest of the Union via Spain (some 31 % in terms of market share). It is noted that Spain has no longer any production of the like product and the sales of chamois leather from Spain to the rest of the Union exceed imports. Those volumes have been added to the consumption figure. Between 2008 and the RIP, Union consumption increased by 26 %, with the main increase occurring between 2009 and 2010.

                  Table 1

                           2008

                           2009

                           2010

                           RIP

                           Total Union consumption ('000 sq ft) (5)

                           22 107

                           22 300

                           28 434

                           27 827

                              Index (2008 = 100)

                              100

                              101

                              129

                              126

         3.   Imports from the PRC

   (a)   Volume and market share

               (29)

               Following the imposition of measures in 2006, the Chinese imports decreased significantly and are still rather limited, corresponding to a market share of some 4 % during the RIP. Notwithstanding this, over the period considered the volume of imports originating in the PRC has increased by 9 percentage points and reached a level of 1 103 330 square feet during the RIP. However, Chinese imports did not increase at the same rate as Union consumption and the market share of Chinese imports decreased over the period considered.

                  Table 2

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from the country concerned ('000 sq ft) (6)

                           1 010,00

                           786,67

                           883,33

                           1 103,33

                              Index (2008 = 100)

                              100

                              78

                              87

                              109

                           Market share of imports from the country concerned (6)

                           5 %

                           4 %

                           3 %

                           4 %

         (b)   Prices

   (i)
         Price evolution

               (30)

               The average price of the Chinese imports has varied over the period considered. Compared to 2008, the price initially increased in 2009 before dropping by 13 % in 2010 and climbing back to its 2008 level during the RIP.

                  Table 3

                           2008

                           2009

                           2010

                           RIP

                           Price of imports from the country concerned (EUR/sq ft) (7)

                           0,45

                           0,61

                           0,39

                           0,46

                              Index (2008 = 100)

                              100

                              136

                              87

                              102

         (ii)
         Price undercutting

               (31)

               For the purpose of analysing price undercutting, the weighted average sales prices of the Union industry to unrelated customers on the Union market were compared to the corresponding weighted average CIF prices of exporters from the PRC. Therefore, the sales prices of the Union industry have been adjusted in particular for credit costs, delivery costs, packaging and commissions to an ex-works level. The CIF prices of exports from the PRC have been obtained from Eurostat and adjusted to cover all costs related to customs clearance, i.e. customs tariff and post-importation costs (landed price).

               (32)

               The comparison showed that during the RIP the imports of the product concerned undercut the Union industry’s prices by around 51,6 %.

         4.   Economic situation of the Union industry

               (33)

               Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic factors and indices having a bearing on the state of the Union industry during the period considered.

               (34)

               For the purpose of the injury analysis, the injury indicators have been established at the following two levels:

                           —

                           The macroeconomic indicators (production, capacity, sales volume, market share, growth, employment, productivity, average unit prices and magnitude of dumping margins and recovery from the effects of past dumping) were assessed at the level of the whole Union industry, on the basis of the information collected from the full questionnaire replies by the sampled companies and the macro data provided by the third Union producer.

                           —

                           The analysis of microeconomic indicators (stocks, wages, profitability, return on investments, cash flow, ability to raise capital and investments) was based on the information derived from the duly verified questionnaire replies provided by the sampled companies. This information is considered to be representative of the whole Union industry. Given that these indicators relate to two companies only, the absolute figures cannot be disclosed for confidentiality reasons, pursuant to Article 19 of the basic Regulation, and only indices are provided below.

         (a)   Macroeconomic indicators

   4.1.   Production

               (35)

               Since 2008, the Union production decreased continuously and during the RIP fell to 12 % below its 2008 level, despite the fact that consumption was increasing at the same time by 26 %.

                  Table 4

                           2008

                           2009

                           2010

                           RIP

                           Production ('000 sq ft) (8)

                           7 659

                           7 223

                           7 100

                           6 753

                              Index (2008 = 100)

                              100

                              94

                              93

                              88

         4.2.   Production capacity and capacity utilisation rates

               (36)

               Production capacity remained stable between 2008 and the RIP. While capacity utilisation was already at a low level in 2008, the decrease in production between 2008 and the RIP led to a further significant decrease of capacity utilisation by 7 percentage points between 2008 and the RIP.

                  Table 5

                           2008

                           2009

                           2010

                           RIP

                           Production capacity ('000 sq ft) (9)

                           13 290

                           13 290

                           13 290

                           13 290

                              Index (2008 = 100)

                           100

                           100

                           100

                           100

                           Capacity utilisation (9)

                           58 %

                           54 %

                           53 %

                           51 %

                              Index (2008 = 100)

                              100

                              94

                              93

                              88

         4.3.   Sales volume

               (37)

               The sales by the Union industry on the Union market to unrelated customers increased by 5 % between 2008 and 2009, before dropping 2 % in 2010 and rising again during the RIP. Overall, the sales volume increased by 9 % over the period considered.

                  Table 6

                           2008

                           2009

                           2010

                           RIP

                           Union Sales volume to unrelated customers ('000 sq ft) (10)

                           5 144

                           5 393

                           5 324

                           5 627

                           Index (2008 = 100)

                           100

                           105

                           103

                           109

         4.4.   Market share

               (38)

               Between 2008 and 2009, the Union industry managed to slightly regain 1 % market share from its already low level of 23 % in 2008, before its market share declined by 4 percentage points to only 20 % in the RIP.

                  Table 7

                           2008

                           2009

                           2010

                           RIP

                           Market share of the Union industry (11)

                           23 %

                           24 %

                           19 %

                           20 %

                              Index (2008 = 100)

                              100

                              104

                              80

                              87

         4.5.   Growth

               (39)

               Between 2008 and the RIP, whilst the Union consumption increased by 26 %, the volume of sales by the Union producers on the Union market increased only by 9 %, and the Union producers’ market share decreased by 3 percentage points. It is thus concluded that the Union producers could hardly benefit from the growth of the market.

         4.6.   Employment

               (40)

               After a first significant 9 % drop of employment between 2008 and 2009, the level of employment of the Union industry continued to decline. From 74 employees in 2008, only 59 employees are left in the RIP, which means an overall drop of 19 %.

                  Table 8

                           2008

                           2009

                           2010

                           RIP

                           Employment product concerned (persons) (12)

                           74

                           67

                           62

                           59

                              Index (2008 = 100)

                              100

                              91

                              84

                              81

         4.7.   Productivity

               (41)

               Productivity of the Union industry’s workforce, measured as output per person employed per year, increased by 9 % between 2008 and the RIP. This is a reflection of the fact that employment declined at a faster pace than production.

                  Table 9

                           2008

                           2009

                           2010

                           RIP

                           Productivity (sq ft per employee) (13)

                           104 031

                           107 536

                           114 512

                           113 655

                              Index (2008 = 100)

                              100

                              103

                              110

                              109

         4.8.   Sales prices and factors affecting domestic prices

               (42)

               Unit sales prices of the Union industry remained stable between 2008 and the RIP. As mentioned above, the Union industry prices were significantly undercut by the dumped Chinese imports. However, the maintained prices level has been at the expense of the Union Industry’s market share.

                  Table 10

                           2008

                           2009

                           2010

                           RIP

                           Unit price Union market (EUR/sq ft) (14)

                           1,01

                           0,97

                           1,01

                           1,01

                              Index (2008 = 100)

                              100

                              96

                              100

                              100

         4.9.   Magnitude of dumping margin

               (43)

               Given the volume, market share and prices of the imports from the PRC, the impact on the Union industry of the actual margin of dumping cannot be considered to be negligible.

         4.10.   Recovery from the effects of past dumping

               (44)

               The indicators examined above show that, notwithstanding the imposition of the anti-dumping measures in 2006, the economic and financial situation of the Union industry has remained substantially fragile and injurious. Thus, no actual recovery from the past dumping could be established and it is considered that the Union industry remains vulnerable to the injurious effect of any dumped imports in the Union market.

         (b)   Microeconomic indicators

   4.11.   Stocks

               (45)

               The level of closing stocks of the Union industry increased significantly by 31 % between 2008 and the RIP. Further analysis allowed the fine-tuning of the assessment of the evolution of the number of months of production being stocked. In this respect, in 2008 the sampled producers kept around five months of production (43 %), but the pressure of the dumped imports forced them to increase stocks to more than seven months of production (corresponding to 63 % of total yearly production) during the RIP. The conclusion that the trend of stocks shows an injurious situation is therefore confirmed.

                  Table 11

                           2008

                           2009

                           2010

                           RIP

                           Closing stock (sq ft) (15)

                           Business confidential data

                              Index (2008 = 100)

                              100

                              116

                              135

                              131

         4.12.   Wages

               (46)

               The average wage per employee was stable between 2008 and 2009 as well as between 2010 and the RIP. The sharp increase by 20 % between 2009 and 2010 is due to a significant increase in labour cost by two of the sampled companies despite the fact that employment has been reduced.

                  Table 12

                           2008

                           2009

                           2010

                           RIP

                           Annual labour cost per employee ('000 EUR) (16)

                           Business confidential data

                              Index (2008 = 100)

                              100

                              100

                              120

                              120

         4.13.   Investments

               (47)

               The sampled companies’ annual investments in the production of the like product were predominantly for the maintenance, and increased by 21 % between 2008 and the RIP. The sharp increase between 2010 and the RIP is due to the purchase of some equipment by one of the sampled companies in 2011.

                  Table 13

                           2008

                           2009

                           2010

                           RIP

                           Net investments (EUR) (17)

                           Business confidential data

                              Index (2008 = 100)

                              100

                              102

                              72

                              121

         4.14.   Profitability and return on investments

               (48)

               The Union industry was loss-making throughout the whole period considered. Between 2008 and the RIP, the losses (both in absolute terms and expressed as percentage of turnover) more than doubled.

               (49)

               Similarly, the return on investments (‘ROI’) was negative throughout the whole period considered, and worsened by – 131 percentage points between 2008 and the RIP.

                  Table 14

                           2008

                           2009

                           2010

                           RIP

                           Net Profit of EU sales to unrelated customers (% of net sales) (18)

                           Business confidential data

                              Index (2008 = 100)

                              – 100

                              –95

                              –73

                              – 203

                           ROI (net profit in % of net book value of investments) (18)

                           Business confidential data

                              Index (2008 = 100)

                              – 100

                              –95

                              –73

                              – 231

         4.15.   Cash flow and ability to raise capital

               (50)

               The net cash flow from operating activities remained negative throughout the whole period considered, and worsened by nearly – 300 percentage points between 2008 and the RIP.

                  Table 15

                           2008

                           2009

                           2010

                           RIP

                           Cash flow (EUR) (19)

                           Business confidential data

                              Index (2008 = 100)

                              – 100

                              – 115

                              –77

                              – 398

               (51)

               There were no indications that the Union industry encountered difficulties in raising capital.

         (c)   Impact of dumped imports and other factors

   4.16.   Impact of the dumped imports

               (52)

               Following the imposition of measures, the Chinese imports decreased significantly and are still rather limited, corresponding to a market share of some 4 % during the RIP. The price comparison between these imports and Union industry prices, however, shows significant undercutting (51,6 %). Given that chamois leather is a standardised product, that the product scope is very limited and that the Chinese goods are in terms of quality similar to the European, the relatively small market share of Chinese imports combined with significant undercutting points to significant impact those imports have on the situation of the Union industry.

         4.17.   Imports from other countries

               (53)

               There are significant imports from India, Turkey and New Zealand as well as some imports from other countries, which together account for a market share of 46 % in the RIP (down from 60 % in 2008).

               (54)

               With regard to imports from India, it is noted that their volumes are significant and that their market share has increased from 11 % in 2008 to 16 % in the RIP. At the same time, the average prices of Indian imports are somewhat below the average prices of the Union producers. Given the significant volumes and price differential, it is considered that Indian imports are contributing to some extent to the negative economic situation of the Union industry. At the same time, it is noted that prices of Indian imports are more than 60 % higher than the dumped Chinese imports. Consequently, it is considered that this limited impact on the current situation of the Union industry would in all likelihood not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

                  Table 16

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from India ('000 sq ft) (20)

                           2 330,00

                           2 123,33

                           4 276,67

                           4 436,67

                           Market share of imports from India (20)

                           11 %

                           10 %

                           15 %

                           16 %

                              Average price of imports from India (EUR/sq ft)

                           0,79

                           0,82

                           0,66

                           0,75

               (55)

               There are also significant imports from Turkey, which account for a market share of 10 % in the RIP (down from 18 % in 2008). At the same time, the average prices of these imports are much higher than the chamois leather from the PRC and are very close to the price level of the Union industry. Given the declining trend of the imports from Turkey and their relatively high prices, it is considered that they would not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

                  Table 17

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from Turkey ('000 sq ft) (21)

                           4 063,33

                           2 623,33

                           2 933,33

                           2 700,00

                           Market share of imports from Turkey (21)

                           18 %

                           12 %

                           10 %

                           10 %

                              Average price of imports from Turkey (EUR/sq ft)

                           0,77

                           0,89

                           1,05

                           1,20

               (56)

               There are also significant imports from New Zealand, which account for a market share of 7 % in the RIP and which have increased from 3 % in 2008. However, the average prices of these imports are much higher than the chamois leather from the PRC and even higher than the price level of the Union industry. Given the relatively high prices of imports from New Zealand, it is considered that they, too, would not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

                  Table 18

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from New Zealand ('000 sq ft) (22)

                           716,67

                           2 426,67

                           1 966,67

                           1 883,33

                           Market share of imports from New Zealand (22)

                           3 %

                           11 %

                           7 %

                           7 %

                              Average price of imports from New Zealand (EUR/sq ft)

                           1,29

                           1,43

                           1,43

                           1,48

               (57)

               Imports from the rest of the world account for a market share of 13 % in the RIP (down from 27 % in 2008). At the same time, the average prices of these imports are much higher than the chamois leather from the PRC and are close to the price level of the Union industry. Given the declining trend of the imports from rest of the world and their relatively high prices compared to chamois leather imports from the PRC, it is considered that they, too, would not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

                  Table 19

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from rest of the world ('000 sq ft) (23)

                           5 896,67

                           4 013,33

                           4 480,00

                           3 556,67

                           Market share of imports from rest of the world (23)

                           27 %

                           18 %

                           16 %

                           13 %

                              Average price of imports from rest of the world (EUR/sq ft)

                           0,63

                           0,84

                           0,81

                           0,84

               (58)

               Imports from all other third countries taken together account for a market share of 46 % in the RIP (down from 60 % in 2008). At the same time, the average prices of these imports are much higher than the chamois leather from the PRC and are very close to the price level of the Union industry. Given the declining trend of the imports from third countries and their relatively high prices, it is considered that they, taken as a whole, would also not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

                  Table 20

                           2008

                           2009

                           2010

                           RIP

                           Volume of imports from other countries ('000 sq ft) (24)

                           13 006,67

                           11 186,67

                           13 656,67

                           12 576,67

                              Index (2008 = 100)

                              100

                              86

                              105

                              97

                           Market share of imports from other countries (24)

                           60 %

                           51 %

                           49 %

                           46 %

                              Average price of imports from other countries (EUR/sq ft)

                           0,74

                           0,98

                           0,91

                           0,98

         5.   Conclusion on the situation of the Union industry

               (59)

               There are only three producers (all of them SMEs) left in the Union. All other chamois leather producers are reported to have closed their manufacturing sites since 2006 when the original measures were introduced. That can be seen as resulting from the increased pressure that the Chinese dumped imports have been exercising on the Union market, even in a situation of increasing consumption.

               (60)

               The injury analysis shows that the situation of the Union industry deteriorated in the period considered. In particular, production dropped by some 12 %, and even if the sales increased slightly, that increase was less than the increase in consumption, and consequently the market share of the Union producers decreased by 3 percentage points.

               (61)

               At the same time, the analysis of microeconomic indicators show that profitability, return on investment and cash flow of the Union industry remained negative throughout the period considered and further deteriorated towards the RIP.

               (62)

               Imports from India, Turkey, New Zealand and the rest of the world have been analysed. With regard to each of those imports flows, as well as all of them taken together, it is considered that they would not break the causal link between dumped imports and injury in the event of the likely increase in the dumped Chinese imports and further deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.

               (63)

               In the light of the foregoing, it is concluded that the Union industry has continued to suffer material injury within the meaning of Article 3(5) of the basic Regulation, and that its situation is very fragile and vulnerable and far from the condition that could be expected had it recovered from the injury found in the original investigation.

               (64)

               It is also concluded that the injurious situation of the Union industry has been predominantly caused by the continued existence (even if in lower quantities) of the dumped and low priced imports from the PRC.

         E.   LIKELIHOOD OF A CONTINUATION OF INJURY

   1.   Impact of the projected volume of imports and price effects in case of repeal of measures

               (65)

               Although the import volumes from the PRC decreased significantly after the imposition of measures in 2006, it is considered that there remain significant production capacities in the PRC (see recital 22). These spare capacities may be easily diverted to the Union market if measures would be repealed.

               (66)

               It is considered that should measures be repealed, the Chinese exporting producers would in all likelihood strive to regain any lost market share in the Union. Indeed, the significant undercutting established by the investigation shows that the level of prices in the Union makes it a very interesting market for the Chinese imports (see recital 22).

         2.   Conclusion on the continuation of injury

               (67)

               On this basis, it is concluded that the repeal of measures on the imports from the PRC would in all likelihood result in the continuation of injury to the Union industry.

         F.   UNION INTEREST

   1.   Introduction

               (68)

               In accordance with Article 21 of the basic Regulation, it was examined whether the maintenance of the existing anti-dumping measures would not be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of the various interests involved, i.e. those of the Union industry on the one hand, and those of importers and users on the other hand.

               (69)

               It should be recalled that, in the original investigation, the adoption of measures was considered not to be against the interest of the Union. Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, allows for the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.

               (70)

               On this basis it was examined whether, despite the conclusions on the likelihood of a continuation of injurious dumping, it could be clearly concluded that it would not be in the Union interest to maintain measures in this particular case.

         2.   Interest of the Union industry

               (71)

               The Union industry, composed of SMEs, has consistently lost market share and has suffered material injury during the period considered. Should measures be repealed, the Union industry would in all likelihood be in an even worse situation.

         3.   Interest of importers

               (72)

               There are two unrelated importers cooperating in the investigation. The chamois leather related business constitutes only a limited part of their respective turnovers. There are no indications that a continuation of measures would have any significant negative effect on their activities.

         4.   Interest of users and consumers

               (73)

               No user or consumer associations made themselves known within the time-limit set in the Notice of initiation, as was also the case in the original investigation. Given that in the original investigation it was considered that the measures in question would not unduly affect the interest of these parties, and considering their continuous non-cooperation, it can be concluded that their interest will remain unaffected by the maintenance of the measures. Indeed, the existence of significant imports from other sources and at competitive prices will ensure that users and consumers continue to have a wide choice of different suppliers of the product in question and at reasonable prices.

         5.   Conclusion

               (74)

               Taking into account all of the factors outlined above, it is concluded that there are no compelling reasons against the maintenance of the current anti-dumping measures.

         G.   ANTI-DUMPING MEASURES

               (75)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were, where warranted, duly taken into consideration.

               (76)

               It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of chamois leather originating in the PRC should be maintained. It is recalled that these measures consist of an ad valorem duty at the level of 58,9 %,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather, currently falling within CN codes 4114 10 10 and 4114 10 90 and originating in the People’s Republic of China.
   2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, for the products described in paragraph 1 shall be 58,9 %.
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 December 2012.

            For the Council

            The President

         N. SYLIKIOTIS

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

      (2)  OJ L 251, 14.9.2006, p. 1.

      (3)  OJ C 19, 20.1.2011, p. 9.

      (4)  OJ C 270, 13.9.2011, p. 6.

      (5)  Data from Eurostat and questionnaire replies

      (6)  Data from Eurostat

      (7)  Data from Eurostat

      (8)  Data from questionnaire replies

      (9)  Data from questionnaire replies

      (10)  Data from questionnaire replies

      (11)  Data from Eurostat and questionnaire replies

      (12)  Data from questionnaire replies

      (13)  Data from questionnaire replies

      (14)  Data from questionnaire replies

      (15)  Data from questionnaire replies

      (16)  Data from questionnaire replies

      (17)  Data from questionnaire replies

      (18)  Data from questionnaire replies

      (19)  Data from questionnaire replies

      (20)  Data from Eurostat and questionnaire replies

      (21)  Data from Eurostat and questionnaire replies

      (22)  Data from Eurostat and questionnaire replies

      (23)  Data from Eurostat and questionnaire replies

      (24)  Data from Eurostat and questionnaire replies


title: Commission Implementing Regulation (EU) No 506/2012 of 14 June 2012 entering a name in the register of protected designations of origin and protected geographical indications (Kraški pršut (PGI))

text:
               15.6.2012

               EN

               Official Journal of the European Union

               L 154/20

         COMMISSION IMPLEMENTING REGULATION (EU) No 506/2012
   of 14 June 2012
   entering a name in the register of protected designations of origin and protected geographical indications (Kraški pršut (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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 (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Slovenia’s application to register the name ‘Kraški pršut’ was published in the Official Journal of the European Union
                   (2).

               (2)

               Pursuant to Article 7 of Regulation (EC) No 510/2006, a statement of objection was sent to the Commission by Italy on 29 March 2010, substantiated under Article 7(3)(a) and (c) of Regulation (EC) No 510/2006. In its letter dated 14 June 2010, the Commission invited the interested parties to hold appropriate consultations.

               (3)

               An agreement, notified to the Commission on 9 November 2010, was reached between Slovenia and Italy within six months, containing amendments to the initial specification, specifically the removal of the reference to the village of Štanjel.

               (4)

               This removal affects the defined geographical area and cannot therefore be regarded as a minor change.

               (5)

               In accordance with the second subparagraph of Article 7(5) of Regulation (EC) No 510/2006, the Commission should once again perform the examination referred to in Article 6(1) of that Regulation.

               (6)

               The application for the registration of the name ‘Kraški pršut’, amended following the agreement between Slovenia and Italy, was therefore republished in the Official Journal of the European Union
                   (3).

               (7)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name 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, 14 June 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 235, 30.9.2009, p. 32.

      (3)  OJ C 284, 28.9.2011, p. 25.

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

         Class 1.2.   Meat products (cooked, salted, smoked, etc.)

      SLOVENIA
      Kraški pršut (PGI)


title: Commission Implementing Regulation (EU) No 849/2012 of 19 September 2012 concerning the authorisation of the preparation of citric acid, sorbic acid, thymol and vanillin as a feed additive for chickens for fattening, chickens reared for laying, all minor avian species for fattening and reared for laying and weaned Suidae other than Sus scrofa domesticus (holder of the authorisation Vetagro SpA)  Text with EEA relevance

text:
               20.9.2012

               EN

               Official Journal of the European Union

               L 253/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 849/2012
   of 19 September 2012
   concerning the authorisation of the preparation of citric acid, sorbic acid, thymol and vanillin as a feed additive for chickens for fattening, chickens reared for laying, all minor avian species for fattening and reared for laying and weaned Suidae other than Sus scrofa domesticus (holder of the authorisation Vetagro SpA)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of citric acid, sorbic acid, thymol and vanillin. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of a preparation of citric acid, sorbic acid, thymol and vanillin as a feed additive for chickens for fattening, chickens reared for laying, all minor avian species for fattening and reared for laying and all minor porcine species (weaned), to be classified in the additive category ‘zootechnical additives’.

               (4)

               The use of a preparation of citric acid, sorbic acid, thymol and vanillin was authorised for 10 years as a feed additive for use in weaned piglets by Commission Regulation (EU) No 1117/2010 (2).

               (5)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 25 May 2012 (3) that under the proposed conditions of use, the preparation of citric acid, sorbic acid, thymol and vanillin set out in the Annex does not have an adverse effect on animal health, human health or the environment, and that this additive has the potential to improve performance of the target species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (6)

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

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition as specified in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 317, 3.12.2010, p. 3.

      (3)  EFSA Journal (2012); 10(5):2670.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

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

                     Category of zootechnical additives. Functional group: other zootechnical additives (improvement of zootechnical parameters)

                  4d 3

                  Vetagro SpA

                  Preparation of citric acid, sorbic acid, thymol and vanillin

                                 Additive composition

                              Preparation of protected microbeads containing citric acid, sorbic acid, thymol and vanillin with a minimum of:

                                          Citric acid: 25 g/100 g

                                          Sorbic acid: 16,7 g/100 g

                                          Thymol: 1,7 g/100 g

                                          Vanillin: 1 g/100 g

                                 Characterisation of active substances

                                          Citric acid C6H8O7 (purity ≥ 99,5 %)
                                          2-hydroxy-1,2,3-propanetricarboxylic acid, CAS number 77-92-9 anhydrous

                                          Sorbic acid C6H8O2 (purity ≥ 99,5 %)
                                          2,4-hexadienoic acid, CAS number 110-44-1

                                          Thymol (purity ≥ 98 %)
                                          5-methyl-2-(1-methylethyl)phenol, CAS number 89-83-8)

                                          Vanillin (purity ≥ 99,5 %)
                                          4-hydroxy-3-methoxybenzaldehyde, CAS number 121-33-5)

                                 Analytical methods
                                  (1)

                              Determination of sorbic acid and thymol in feed: reverse phase high performance liquid chromatography method equippedwith ultraviolet/diode array detection (RP-HPLC-UV/DAD). Determination of citric acid in the additive and premixtures: (RP-HPLC-UV/DAD). Determination of citric acid in feedingstuff: enzymatic determination of citric content-NADH (reduced form of nicotinamide adenine dinucleotide) spectrometric method.

                  Chickens for fattening and reared for laying
                  Minor avian species for fattening and reared for laying

                  —

                  200

                  —

                  For safety: breathing protection, glasses and gloves shall be used during handling.

                  10 October 2022

                  Weaned Suidae

                  other than Sus scrofa domesticus

                  1 000

         (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx