title: Commission Implementing Regulation (EU) 2015/2179 of 25 November 2015 initiating a review of Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, for the purposes of determining the possibility of granting an exemption from those measures to one Korean exporter, repealing the anti-dumping duty with regard to imports from that exporter and making imports from that exporter subject to registration

text:
               26.11.2015

               EN

               Official Journal of the European Union

               L 309/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2179
   of 25 November 2015
   initiating a review of Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, for the purposes of determining the possibility of granting an exemption from those measures to one Korean exporter, repealing the anti-dumping duty with regard to imports from that exporter and making imports from that exporter subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 11(4), 13(4) and 14(5) thereof,
   After informing the Member States,
   Whereas:
   1.   REQUEST FOR A REVIEW

               (1)

               The European Commission (‘the Commission’) received a request for an exemption from the anti-dumping measures applicable to imports of steel ropes and cables originating in the People's Republic of China, as extended to imports consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, pursuant to Articles 11(4) and 13(4) of the basic Regulation.

               (2)

               The request was lodged on 7 September 2015 by Daechang Steel Co. Ltd (‘the applicant’), an exporting producer of steel ropes and cables in the Republic of Korea (the country concerned) and it was limited to the applicant.

         2.   PRODUCT UNDER REVIEW

               (3)

               The product under review is steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not (‘the product under review’), currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 (TARIC codes 7312108113, 7312108313, 7312108513, 7312108913 and 7312109813).

         3.   EXISTING MEASURES

               (4)

               The Council, by Regulation (EC) No 1796/1999 (2), imposed anti-dumping measures on steel ropes and cables originating, inter alia, in the People's Republic of China (‘the original measures’). By Regulation (EC) No 1858/2005 (3), the Council maintained the original measures following an expiry review in accordance with Article 11(2) of the basic Regulation. By Implementing Regulation (EU) No 400/2010 (4), the Council extended the measures to steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not (‘the extended measures’), with the exception of those produced by companies specially mentioned in Article 1 of that Regulation.

               (5)

               The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 102/2012 (5) following an expiry review pursuant to Article 11(2) of the basic Regulation, as last amended by Commission Implementing Regulation (EU) No 493/2014 (6), under which, inter alia, imports into the European Union of the product under review consigned from the Republic of Korea are subject to a definitive anti-dumping duty of 60,4 %, with the exception of the product manufactured by companies which have been exempted.

         4.   GROUNDS FOR THE REVIEW

               (6)

               The applicant provided prima facie evidence that:

               (7)

               it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures, namely the period from 1 July 2008 to 30 June 2009;

               (8)

               it is not related to any of the exporting producers of the product under review which are subject to the anti-dumping duties in force, and that it has not circumvented the measures applicable to steel ropes and cables of Chinese origin; and

               (9)

               it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

         5.   PROCEDURE

   5.1.   Initiation

               (10)

               The Commission examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic Regulation for the purposes of determining the possibility of granting the applicant an exemption from the extended measures. Union producers known to be concerned were informed of the request for a review and were given an opportunity to comment.

         5.2.   Repeal of the existing measures and registration of imports

               (11)

               Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product under review which are produced and sold for export to the Union by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of circumvention in respect of the applicant, anti-dumping duties can be levied from the date of the registration of these imports. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the investigation.

         5.3.   Investigating the applicant

               (12)

               In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The applicant must submit the completed questionnaire within 37 days of the date of entry into force of this Regulation, unless otherwise specified, pursuant to Article 6(2) of the basic Regulation.

         5.4.   Other written submissions

               (13)

               Subject to the provisions of this Regulation, all interested parties are invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of entry into force of this Regulation.

         5.5.   Possibility to be heard by the Commission investigation services

               (14)

               All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initiation stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

         5.6.   Instructions for making written submissions and sending completed questionnaires and correspondence

               (15)

               Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing: (a) the Commission to use the information and data for the purpose of this trade defence proceeding; and (b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.

               (16)

               All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested should be labelled ‘Limited’ (7).

               (17)

               Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

               (18)

               Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which should be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
               Commission address for correspondence:

                           European Commission

                           Directorate-General for Trade

                           Directorate H

                           Office: CHAR 04/039

                           1040 Brussels

                           BELGIUM

                           E-mail: TRADE-SWR-R636-DUMP@ec.europa.eu

         6.   NON-COOPERATION

               (19)

               In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

               (20)

               Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

               (21)

               If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               (22)

               Failure to give a computerised response will not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

         7.   HEARING OFFICER

               (23)

               Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered.

               (24)

               A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

               (25)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

         8.   SCHEDULE OF INVESTIGATION

               (26)

               The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation, within nine months of the date of the entry into force of this Regulation.

         9.   PROCESSING OF PERSONAL DATA

               (27)

               Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (8),

         HAS ADOPTED THIS REGULATION:
   Article 1
   A review of Implementing Regulation (EU) No 102/2012 as last amended by Implementing Regulation (EU) No 493/2014, is hereby initiated pursuant to Articles 11(4) and 13(4) of Regulation (EC) No 1225/2009 in order to establish whether the imports of steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 (TARIC codes 7312108113, 7312108313, 7312108513, 7312108913, and 7312109813), consigned from the Republic of Korea and produced and sold for export to the Union by Daechang Steel Co. Ltd, should be subject to the anti-dumping imposed by Implementing Regulation (EU) No 102/2012.
   Article 2
   The anti-dumping duty imposed by Implementing Regulation (EU) No 102/2012, as last amended by Implementing Regulation (EU) No 493/2014, is hereby repealed with regard to the imports identified in Article 1 of the present Regulation.
   Article 3
   The Customs authorities shall take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation, pursuant to Article 14(5) of Regulation (EC) No 1225/2009.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Regulation (EC) No 1796/1999 of 12 August 1999 imposing a definitive anti-dumping duty, and collecting definitively the provisional duty imposed, on imports of steel ropes and cables originating in the People's Republic of China, Hungary, India, Mexico, Poland, South Africa and Ukraine and terminating the anti-dumping proceeding in respect of imports originating in the Republic of Korea (OJ L 217, 17.8.1999, p. 1).

      (3)  Council Regulation (EC) No 1858/2005 of 8 November 2005 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People's Republic of China, India, South Africa and Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 (OJ L 299, 16.11.2005, p. 1).

      (4)  Implementing Regulation of the Council (EU) No 400/2010 of 26 April 2010 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating, inter alia, in the People's Republic of China to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and terminating the investigation in respect of imports consigned from Malaysia (OJ L 117, 11.5.2010, p. 1).

      (5)  Council Implementing Regulation (EU) No 102/2012 of 27 January 2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People's Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 36, 9.2.2012, p. 1).

      (6)  Commission Implementing Regulation (EU) No 493/2014 of 13 May 2014 amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from, inter alia, the Republic of Korea, whether declared as originating in the Republic of Korea or not (OJ L 139, 14.5.2014, p. 7).

      (7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

      (8)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).


title: Commission Implementing Regulation (EU) 2016/2142 of 6 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               7.12.2016

               EN

               Official Journal of the European Union

               L 332/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2142
   of 6 December 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, 6 December 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-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

                  CL

                  115,2

                  MA

                  100,6

                  TN

                  200,0

                  TR

                  124,7

                  ZZ

                  135,1

                  0707 00 05

                  EG

                  191,7

                  MA

                  79,2

                  TR

                  161,9

                  ZZ

                  144,3

                  0709 93 10

                  MA

                  117,8

                  TR

                  151,7

                  ZZ

                  134,8

                  0805 10 20

                  TR

                  66,1

                  UY

                  62,9

                  ZA

                  59,7

                  ZZ

                  62,9

                  0805 20 10

                  MA

                  70,0

                  TR

                  71,7

                  ZZ

                  70,9

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

                  IL

                  119,4

                  JM

                  114,6

                  TR

                  83,1

                  ZZ

                  105,7

                  0805 50 10

                  TR

                  81,3

                  ZZ

                  81,3

                  0808 10 80

                  US

                  100,7

                  ZA

                  160,7

                  ZZ

                  130,7

                  0808 30 90

                  CN

                  109,8

                  TR

                  126,8

                  ZZ

                  118,3

         (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 645/2012 of 16 July 2012 derogating from Regulation (EC) No 1122/2009 and Regulation (EU) No 65/2011 as regards the reduction of the amounts of the aid for late submission of single applications in relation to Mainland Portugal and Madeira for 2012

text:
               17.7.2012

               EN

               Official Journal of the European Union

               L 187/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 645/2012
   of 16 July 2012
   derogating from Regulation (EC) No 1122/2009 and Regulation (EU) No 65/2011 as regards the reduction of the amounts of the aid for late submission of single applications in relation to Mainland Portugal and Madeira for 2012
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 91 thereof,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (2), and in particular Article 142(c) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (3) provides, in its Article 23(1), for reductions to be applied in the case of late submission of an aid application as well as documents, contracts or declarations which are constitutive for the eligibility for the aid.

               (2)

               According to Article 8 (3) of Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (4), Articles 22 and 23 of Regulation (EC) No 1122/2009 apply mutatis mutandis to payment claims under Title I of Part II of Regulation (EU) No 65/2011.

               (3)

               Portugal has implemented a system of single aid application which covers, pursuant to Article 19(3) of Regulation (EC) No 73/2009, several support schemes. In particular, applications for single payment scheme under Title III of Regulation (EC) No 73/2009, applications for ewe and goat premiums under Article 35 of Commission Regulation (EC) No 1121/2009 of 29 October 2009 laying down detailed rules for the application of Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof (5) and certain applications for aid granted under Regulation (EC) No 1698/2005 form part of the single application.

               (4)

               In accordance with Article 11(2) of Regulation (EC) No 1122/2009 and Article 8(1) of Regulation (EU) No 65/2011, Portugal has fixed 15 May 2012 as the latest day until which single applications for 2012 can be submitted. As regards single applications including an application for the ewe and goat premium, Portugal has, in accordance with Article 35(2) of Regulation (EC) No 1121/2009, fixed 30 April of the application year as the latest day until which applications for the ewe and goat premium for 2012 can be submitted.

               (5)

               Article 6 of Regulation (EC) No 1122/2009 requires Member States to ensure that agricultural parcels are reliably identified and requires the single application to be accompanied by documents identifying the parcels in order to enable the implementation of the control system.

               (6)

               In response to deficiencies related to the identification of agricultural parcels, which were regularly detected in the past, Portugal implemented an "Action Plan" in liaison with the Commission. This commitment includes in particular the update of the Land Parcel Identification System (LPIS) in Portugal.

               (7)

               Portugal has experienced exceptional circumstances in its administration of the single applications for 2012 as far as Mainland Portugal and Madeira are concerned. In a second phase of the "Action Plan" Portugal should have reviewed approximately 1 600 000 parcels. The work is complex and quality controls led to new analysis of some of the parcels which causes delays. Also, as the part of the work carried out by external contractors has been delayed, the LPIS could not be updated in line with the envisaged timetable. Consequently farmers were provided with the updated information about the parcels later than foreseen.

               (8)

               Given the existing technical capacity in Portugal, which had already been enlarged in anticipation of the implementation of the "Action Plan", this situation has affected the ability of applicants to submit single aid applications for Mainland Portugal and Madeira within the time limits provided for in Article 11(2) of Regulation (EC) No 1122/2009 and Article 35(2) of Regulation (EC) No 1121/2009.

               (9)

               These difficulties are reinforced by the fact that the application procedure in Portugal is particularly time-consuming given the corrections of reference parcels boundaries which need to be carefully checked by farmers following the update of the LPIS. Abiding by the deadlines of 15 May 2012 and 30 April 2012 respectively is therefore not possible, given the overall context of the "Action Plan" and the engagements taken by Portugal to improve its integrated administration and control system.

               (10)

               Furthermore, the implementation of additional measures due to exceptional drought led to a more intensive use of the informatics system. Since those measures were administered by the same informatics system as the "Action Plan", capacity for administering the “Action Plan” was further reduced.

               (11)

               Due to the difficulties mentioned above, the application process in 2012 could only start later than the date on which the process started in 2011 and in the previous years. For the same reasons, applications were submitted at a slower rhythm than in 2011. The information submitted by the Portuguese authorities to the Commission on the capacity of the IT system shows that a derogation of 25 days is necessary to enable all farmers and beneficiaries concerned to submit their applications.

               (12)

               It is therefore appropriate not to apply the reductions provided for in Regulation (EC) No 1122/2009 on grounds of late submission of single applications in respect of those farmers who submitted their single applications for Mainland Portugal and Madeira at the latest 25 calendar days after 15 May 2012 or, in the case of the ewe and goat premium at the latest 25 calendar days after 30 April 2012.

               (13)

               Similarly, by way of derogation from Article 8(3) of Regulation (EU) No 65/2011 and in respect of payment claims in relation to Mainland Portugal and Madeira under Title I of Part II of Regulation (EU) No 65/2011, it is appropriate not to apply reductions on grounds of late submission of single applications which were submitted at the latest 25 calendar days after 15 May 2012.

               (14)

               In accordance with Article 3(4) of Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (6), where the last day of a period expressed otherwise than in hours is a public holiday, Sunday or Saturday, the period shall end with the expiry of the last hour of the following working day. Given that 11 June 2012 is the first working day following 9 June 2012, it is appropriate not to apply any reductions on grounds of late submission of single applications in respect of those farmers who submitted their single applications for Mainland Portugal and Madeira at the latest by 11 June 2012 or, in the case of the ewe and goat premium at the latest by 25 May 2012.

               (15)

               Since the proposed derogations should cover the single applications submitted for aid year 2012, it is appropriate that this Regulation applies retroactively.

               (16)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   By way of derogation from Article 23(1) of Regulation (EC) No 1122/2009, in respect of the application year 2012, no reductions shall apply on grounds of late submission of single applications in respect of those farmers who submitted their single applications for Mainland Portugal and Madeira at the latest by 11 June 2012.
   2.   By way of derogation from Article 23(1) of Regulation (EC) No 1122/2009, where single applications for 2012 include an application for ewe and goat premium, no reductions on grounds of late submission of single applications shall apply in relation to that premium in respect of those farmers who submitted their single applications for Mainland Portugal and Madeira at the latest by 25 May 2012.
   Article 2
   By way of derogation from Article 8(3) of Regulation (EU) No 65/2011, in respect of the application year 2012, no reductions provided for in Article 23(1) of Regulation (EC) No 1122/2009 shall apply in respect of payment claims in relation to Mainland Portugal and Madeira under Title I of Part II of Regulation (EU) No 65/2011 on grounds of late submission of single applications if those applications were submitted at the latest by 11 June 2012.
   Article 3
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply as from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
      Done at Brussels, 16 July 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 277, 21.10.2005, p. 1.

      (2)  OJ L 30, 31.1.2009, p. 16.

      (3)  OJ L 316, 2.12.2009, p. 65.

      (4)  OJ L 25, 28.1.2011, p. 8.

      (5)  OJ L 316, 2.12.2009, p. 27.

      (6)  OJ L 124, 8.6.1971, p. 1.


title: Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

text:
               5.3.2016

               EN

               Official Journal of the European Union

               L 60/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2016/311
   of 4 March 2016
   implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (1), and in particular Article 14(1) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 5 March 2014, the Council adopted Regulation (EU) No 208/2014.

               (2)

               On the basis of a review by the Council, the entry for one person should be deleted and the entries for three persons should be amended.

               (3)

               Annex I to Regulation (EU) No 208/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EU) No 208/2014 shall be amended as set out in 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, 4 March 2016.

            For the Council

            The President

         S.A.M. DIJKSMA

      (1)  OJ L 66, 6.3.2014, p. 1.

      ANNEX

                  I.

                  The entry for the following person is deleted from the list set out in Annex I to Regulation (EU) No 208/2014:

                              ‘14.

                              Raisa Vasylivna Bohatyriova’

                  II.

                  The entries for the following persons set out in Annex I to Regulation (EU) No 208/2014 are replaced by the following:

                              Name

                              Identifying information

                              Statement of reasons

                              Date of listing

                              ‘2.

                              Vitalii Yuriyovych Zakharchenko
                              (Вiталiй Юрiйович Захарченко),
                              Vitaliy Yurievich Zakharchenko
                              (Виталий Юрьевич Захарченко)

                              Born on 20 January 1963 in Kostiantynivka (Donetsk oblast), former Minister of Internal Affairs.

                              Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets.

                              6.3.2014

                              4.

                              Olena Leonidivna Lukash
                              (Олена Леонiдiвна Лукаш),
                              Elena Leonidovna Lukash
                              (Елена Леонидовна Лукаш)

                              Born on 12 November 1976 in Rîbnița (Moldova), former Minister of Justice.

                              Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for herself or a third party thereby causing a loss to the Ukrainian public budget or assets.

                              6.3.2014

                              13.

                              Dmytro Volodymyrovych Tabachnyk
                              (Дмитро Володимирович Табачник)

                              Born on 28 November 1963 in Kiev, former Minister of Education and Science.

                              Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets.

                              6.3.2014’


title: Commission Implementing Regulation (EU) No 40/2012 of 18 January 2012 on the issue of licences for the import of garlic in the subperiod from 1 March 2012 to 31 May 2012

text:
               19.1.2012

               EN

               Official Journal of the European Union

               L 16/38

         COMMISSION IMPLEMENTING REGULATION (EU) No 40/2012
   of 18 January 2012
   on the issue of licences for the import of garlic in the subperiod from 1 March 2012 to 31 May 2012
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

               (2)

               The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of January 2012, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China, Argentina and all third countries other than China and Argentina.

               (3)

               Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 January 2012 can be met in accordance with Article 12 of Regulation (EC) No 341/2007.

               (4)

               In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first seven working days of January 2012 and sent to the Commission by 14 January 2012 shall be met at a percentage rate of the quantities applied for as set out 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, 18 January 2012.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 90, 30.3.2007, p. 12.

      ANNEX

                  Origin

                  Order number

                  Allocation coefficient

                  Argentina

                              —

                              Traditional importers

                  09.4104

                  100 %

                              —

                              New importers

                  09.4099

                  1,219456 %

                  China

                              —

                              Traditional importers

                  09.4105

                  41,003539 %

                              —

                              New importers

                  09.4100

                  0,365686 %

                  Other third countries

                              —

                              Traditional importers

                  09.4106

                  100 %

                              —

                              New importers

                  09.4102

                  3,905585 %


title: Commission Implementing Regulation (EU) No 1131/2014 of 23 October 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.10.2014

               EN

               Official Journal of the European Union

               L 305/107

         COMMISSION IMPLEMENTING REGULATION (EU) No 1131/2014
   of 23 October 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 October 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  62,5

                  MA

                  116,8

                  MK

                  65,0

                  XS

                  78,2

                  ZZ

                  80,6

                  0707 00 05

                  AL

                  59,9

                  MK

                  50,7

                  TR

                  121,6

                  ZZ

                  77,4

                  0709 93 10

                  MA

                  107,9

                  TR

                  138,1

                  ZZ

                  123,0

                  0805 50 10

                  AR

                  78,7

                  CL

                  106,8

                  TR

                  107,3

                  UY

                  86,1

                  ZA

                  84,3

                  ZZ

                  92,6

                  0806 10 10

                  BR

                  252,0

                  MD

                  39,0

                  PE

                  348,0

                  TR

                  150,9

                  ZZ

                  197,5

                  0808 10 80

                  BA

                  34,8

                  BR

                  52,6

                  CL

                  85,5

                  CN

                  117,7

                  MD

                  27,7

                  NZ

                  144,6

                  US

                  191,0

                  ZA

                  154,6

                  ZZ

                  101,1

                  0808 30 90

                  TR

                  116,3

                  ZZ

                  116,3

         (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 899/2011 of 7 September 2011 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2011/12

text:
               8.9.2011

               EN

               Official Journal of the European Union

               L 231/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 899/2011
   of 7 September 2011
   fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2011/12
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1670/2006 of 10 November 2006 laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,
   Whereas:

               (1)

               Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.

               (2)

               According to the information provided by Ireland in respect of the period 1 January to 31 December 2010, the average ageing period for Irish whiskey in 2010 was 5 years.

               (3)

               The coefficients for the period 1 October 2011 to 30 September 2012 should therefore be fixed accordingly.

               (4)

               Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Union has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, that should be taken into account in calculating the coefficients for 2011/12.

               (5)

               Commission Regulation (EU) No 1116/2010 of 2 December 2010 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2010/11 (3) has exhausted its effects, as it concerns the coefficients applicable for the year 2010/11. For reasons of legal security and clarity, that Regulation should be repealed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For the period 1 October 2011 to 30 September 2012, the coefficients provided for in Article 4 of Regulation (EC) No 1670/2006 applying to cereals used in Ireland for manufacturing Irish whiskey shall be as set out 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.
   It shall apply from 1 October 2011 to 30 September 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 September 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 312, 11.11.2006, p. 33.

      (3)  OJ L 317, 3.12.2010, p. 1.

      ANNEX

                  Coefficients applicable in Ireland

                  Period of application

                  Coefficient applicable

                  to barley used in the production of Irish whiskey, category B (1)

                  to cereals used in the production of Irish whiskey, category A

                  From 1 October 2011 to 30 September 2012

                  0,173

                  0,147

         (1)  Including malted barley.


title: Commission Implementing Regulation (EU) 2017/1579 of 18 September 2017 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 September 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 January to 31 March 2018 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector

text:
               19.9.2017

               EN

               Official Journal of the European Union

               L 239/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1579
   of 18 September 2017
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 September 2017 and determining the quantities to be added to the quantity fixed for the subperiod from 1 January to 31 March 2018 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector
   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), and in particular Article 188 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 533/2007 (2) opened annual tariff quotas for imports of poultrymeat products.

               (2)

               For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 September 2017 for the subperiod from 1 October to 31 December 2017 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               The quantities covered by the applications for import licences lodged from 1 to 7 September 2017 for the subperiod from 1 October to 31 December 2017 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (4)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by the applications for import licences lodged under Regulation (EC) No 533/2007 for the subperiod from 1 October to 31 December 2017 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 533/2007, to be added to the subperiod from 1 January to 31 March 2018, are set out 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, 18 September 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (OJ L 125, 15.5.2007, p. 9).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 October to 31 December 2017
                  (%)

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 January to 31 March 2018
                  (kg)

                  09.4067

                  1,838508

                  —

                  09.4068

                  0,162074

                  —

                  09.4069

                  0,134791

                  —

                  09.4070

                  —

                  890 500


title: Commission Implementing Regulation (EU) 2017/823 of 15 May 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.5.2017

               EN

               Official Journal of the European Union

               L 123/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/823
   of 15 May 2017
   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, 15 May 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  110,3

                  TN

                  158,2

                  TR

                  93,0

                  ZZ

                  120,5

                  0707 00 05

                  TR

                  126,8

                  ZZ

                  126,8

                  0709 93 10

                  TR

                  139,8

                  ZZ

                  139,8

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  56,0

                  MA

                  58,6

                  TR

                  47,4

                  ZZ

                  54,0

                  0805 50 10

                  TR

                  65,0

                  ZA

                  147,3

                  ZZ

                  106,2

                  0808 10 80

                  AR

                  162,6

                  BR

                  110,8

                  CL

                  117,2

                  NZ

                  146,5

                  ZA

                  94,5

                  ZZ

                  126,3

         (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 266/2011 of 17 March 2011 fixing the export refunds on poultrymeat

text:
               18.3.2011

               EN

               Official Journal of the European Union

               L 71/15

         COMMISSION IMPLEMENTING REGULATION (EU) No 266/2011
   of 17 March 2011
   fixing the export refunds on poultrymeat
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (1), and in particular Article 164(2) and Article 170, in conjunction with Article 4, thereof
   Whereas:

               (1)

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

               (2)

               In view of the current situation on the market in poultrymeat, export refunds should be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

               (3)

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

               (4)

               Refunds should be granted only on products which are authorised to move freely in the Union and bear the identification mark provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3).

               (5)

               The currently applicable refunds have been fixed by Commission Regulation (EU) No 1207/2010 (4). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.
   2.   The products eligible for a refund under paragraph 1 shall meet the relevant requirements under Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the identification marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004.
   Article 2
   Regulation (EU) No 1207/2010 is hereby repealed.
   Article 3
   This Regulation shall enter into force on 18 March 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 March 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 139, 30.4.2004, p. 55.

      (3)  OJ L 139, 30.4.2004, p. 1.

      (4)  OJ L 333, 17.12.2010, p. 53.

      ANNEX

         Export refunds on poultrymeat applicable from 18 March 2011

                  Product code

                  Destination

                  Unit of measurement

                  Amount of refund

                  0105 11 11 9000

                  A02

                  EUR/100 pcs

                  0,24

                  0105 11 19 9000

                  A02

                  EUR/100 pcs

                  0,24

                  0105 11 91 9000

                  A02

                  EUR/100 pcs

                  0,24

                  0105 11 99 9000

                  A02

                  EUR/100 pcs

                  0,24

                  0105 12 00 9000

                  A02

                  EUR/100 pcs

                  0,47

                  0105 19 20 9000

                  A02

                  EUR/100 pcs

                  0,47

                  0207 12 10 9900

                  V03

                  EUR/100 kg

                  32,50

                  0207 12 90 9190

                  V03

                  EUR/100 kg

                  32,50

                  0207 12 90 9990

                  V03

                  EUR/100 kg

                  32,50

                     NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
                  The other destinations are defined as follows:

                              V03:

                              A24, Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran.


title: Commission Implementing Regulation (EU) No 615/2013 of 24 June 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               27.6.2013

               EN

               Official Journal of the European Union

               L 175/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 615/2013
   of 24 June 2013
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

               (2)

               Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

               (3)

               Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

               The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 June 2013.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A cylindrical article made of aluminium alloy, with holes and recesses, of a length of approximately 8 cm and a diameter of approximately 4 cm.
                  The article is used as a part of the retracting unit of a safety seat belt used, for example, in motor vehicles, speed boats and chair lifts for stairs.

                      (1) See image.

                  7616 99 90

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7616, 7616 99 and 7616 99 90.
                  Classification under heading 8708 is excluded, as that heading only covers safety seat belts of vehicles of headings 8701 to 8705 but not parts thereof.
                  Classification under heading 8302 as base metal mountings, fittings and similar articles suitable for coachwork is excluded as the article is not a part of the body of the car, but a part of the retracting unit of a safety seat belt.
                  The article is therefore to be classified according to its constituent material under CN code 7616 99 90 as other articles of aluminium.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 894/2014 of 14 August 2014 prohibiting fishing activities for purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea

text:
               19.8.2014

               EN

               Official Journal of the European Union

               L 244/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 894/2014
   of 14 August 2014
   prohibiting fishing activities for purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules on the common fisheries policy (1), and in particular Article 36, paragraph 2 thereof,
   Whereas:

               (1)

               Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (2) fixes the amount of Bluefin tuna which may be fished in 2014 in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by European Union fishing vessels and traps.

               (2)

               Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for Bluefin tuna in the Eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (3), requires Member States to inform the Commission of the individual quota allocated to their vessels over 24 metres. For catching vessels less than 24 metres and for traps, Member States need to inform the Commission at least of the quota allocated to producer organisations or groups of vessels fishing with similar gear.

               (3)

               The common fisheries policy is designed to ensure the long-term viability of the fisheries sector through sustainable exploitation of living aquatic resources based on the precautionary approach.

               (4)

               In accordance with Article 36, paragraph 2 of Regulation (EC) No 1224/2009, where the Commission finds that, on the basis of information provided by Member States and of other information in its possession, fishing opportunities available to the European Union, a Member State or group of Member States are deemed to have been exhausted for one or more gears or fleets, the Commission shall inform the Member State(s) concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.

               (5)

               The information in the Commission's possession indicates that the fishing opportunities for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea allocated to purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain have been exhausted.

               (6)

               On the 24 June, Croatia informed the Commission that it had imposed a stop on the fishing activities of its eight purse seine vessels active in the 2014 bluefin tuna fishery as of 24 June 2014 at 24.00.

               (7)

               On the 28 May and the 9 and 12 June, France informed the Commission that it had imposed a stop on the fishing activities of its 17 purse seine vessels active in the 2014 bluefin tuna fishery as of 28 May for 11 vessels, as of 9 June for two vessels and as of 12 June for four vessels resulting in the prohibition of all the activities as of 12 June 2014 at 09.04.

               (8)

               On the 1, 2, 9 and 13 June, Italy informed the Commission that it had imposed a stop on the fishing activities of its 12 purse seine vessels active in the 2014 bluefin tuna fishery as of 1 June for three vessels, as of 2 June for four vessels, as of 8 June for four vessels and as of 13 June for the remaining vessel resulting in the prohibition of all the activities as of 13 June 2014 at 23.02.

               (9)

               On the 12 June, Malta informed the Commission that it had imposed a stop on the fishing activities of its purse seine vessel active in the 2014 bluefin tuna fishery as of 10 June 2014 at 14.39.

               (10)

               On the 28 May, Spain informed the Commission that it had imposed a stop on the fishing activities of its six purse seine vessels active in the 2014 bluefin tuna fishery as of 28 May 2014 at 00.00.

               (11)

               Without prejudice to the actions by Croatia, France, Italy, Malta and Spain mentioned above, it is necessary that the Commission confirms the prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W and the Mediterranean Sea by purse seiners flying the flag of or registered in the EU Member States concerned as of 24 June 2014 at 24.00 for Croatia as of 12 June 2014 at 09.04 at the latest for France, as of 13 June 2014 at 23.02 at the latest for Italy, as of 10 June 2014 at 14.39 for Malta and as of 28 May 2014 at 00.00 for Spain,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Croatia shall be prohibited as of 24 June 2014 at 24.00.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 2
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in France shall be prohibited as of 12 June 2014 at 09.04 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 3
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Italy shall be prohibited as of 13 June 2014 at 23.02 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 4
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Malta shall be prohibited as of 10 June 2014 at 14.39.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 5
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Spain shall be prohibited as of 28 May 2014 at 00.00.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 6
   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, 14 August 2014.

            For the Commission,

            On behalf of the President,

         Michel BARNIER

            Vice-President

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

      (2)  OJ L 24, 28.1.2014, p. 1.

      (3)  OJ L 96, 15.4.2009, p. 1.


title: Commission Implementing Regulation (EU) No 598/2013 of 24 June 2013 amending Implementing Regulation (EU) No 564/2012 establishing budgetary ceilings for 2012 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009

text:
               25.6.2013

               EN

               Official Journal of the European Union

               L 172/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 598/2013
   of 24 June 2013
   amending Implementing Regulation (EU) No 564/2012 establishing budgetary ceilings for 2012 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 142(c) thereof,
   Whereas:

               (1)

               Article 69(4) of Regulation (EC) No 73/2009 limits the resources that can be used for any coupled measure provided for in Article 68(1)(a)(i) to (iv) and Article 68(1)(b) and (e) of that Regulation to 3,5 % of the national ceiling referred to in Article 40 of Regulation (EC) No 73/2009. For the sake of clarity, the Commission should publish the ceiling resulting from the amounts notified by the Member States for the measures concerned.

               (2)

               The budgetary ceilings for the support provided for in Article 68(1)(a)(i) to (iv) and Article 68(1)(b) and (e) of Regulation (EC) No 73/2009 for calendar year 2012 are set out in Annex III to Commission Implementing Regulation (EU) No 564/2012 (2).

               (3)

               Commission Implementing Regulation (EU) No 1270/2012 (3) provides certain derogations for Portugal as regards the deadline for reviewing its decision on specific support for 2012, as regards the deadline for notification of such review, as regards the conditions applicable to specific agricultural activities entailing additional agri-environment benefits and as regards the information contained in the aid application.

               (4)

               On 4 January 2013, Portugal has informed the Commission of the amended support measures which it intends to apply for 2012.

               (5)

               According to the information submitted, Portugal intends:

                           —

                           to amend the current support measure under Article 68(1)(b) of Regulation (EC) No 73/2009 in the dairy sector by increasing the envelope allocated to that measure from EUR 8,8 million to EUR 10,32 million in 2012,

                           —

                           to amend the current support measure under Article 68(l)(a)(i) of Regulation (EC) No 73/2009 by restricting its scope to bovine females of the ‘Brava de Lide’ breed reducing the respective envelope by EUR 2,53 million,

                           —

                           to introduce a new support measure under Article 68(l)(a)(v) of Regulation (EC) No 73/2009 for the maintaining of certain autochthonous breeds of beef (‘Alentejana’, ‘Mertolenga’), sheep (‘Serra de Estrela’, ‘Churra de Terra Quente’) and goat (‘Serrana’), with a total allocated envelope of EUR 1,68 million, and

                           —

                           to reduce the envelope of a measure under Article 68(l)(a)(v) of Regulation (EC) No 73/2009 for extensive pasturing by EUR 0,67 million.

               (6)

               Those amendments affect the level of support provided for in Article 68(1)(a)(i) to (iv) and Article 68(1)(b) and (e) of Regulation (EC) No 73/2009, and thus the budgetary ceiling for Portugal set out in Annex III to Implementing Regulation (EU) No 564/2012.

               (7)

               Implementing Regulation (EU) No 564/2012 should therefore be amended accordingly. As the amendments apply for the year 2012, it is appropriate that this Regulation enters into force immediately.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Annex III to Implementing Regulation (EU) No 564/2012, the row concerning Portugal is replaced by the following:

                  ‘Portugal

                  20 200’

   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, 24 June 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

      (2)  OJ L 168, 28.6.2012, p. 26.

      (3)  OJ L 357, 28.12.2012, p. 7.


title: Commission Implementing Regulation (EU) No 1149/2014 of 28 October 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               29.10.2014

               EN

               Official Journal of the European Union

               L 308/80

         COMMISSION IMPLEMENTING REGULATION (EU) No 1149/2014
   of 28 October 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 October 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  55,3

                  MA

                  92,7

                  MK

                  54,3

                  ZZ

                  67,4

                  0707 00 05

                  AL

                  59,9

                  MK

                  80,7

                  TR

                  121,5

                  ZZ

                  87,4

                  0709 93 10

                  MA

                  82,8

                  TR

                  136,0

                  ZZ

                  109,4

                  0805 50 10

                  AR

                  72,8

                  TR

                  94,2

                  UY

                  29,5

                  ZA

                  84,3

                  ZZ

                  70,2

                  0806 10 10

                  BR

                  295,5

                  MD

                  39,0

                  PE

                  357,1

                  TR

                  145,3

                  ZZ

                  209,2

                  0808 10 80

                  BR

                  55,5

                  CL

                  76,1

                  MD

                  27,7

                  NZ

                  164,1

                  US

                  191,0

                  ZA

                  178,7

                  ZZ

                  115,5

                  0808 30 90

                  CN

                  68,8

                  TR

                  114,2

                  ZZ

                  91,5

         (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: Council Implementing Regulation (EU) No 554/2011 of 30 May 2011 terminating the anti-dumping proceeding on imports of polyester staple fibres originating in the People’s Republic of China

text:
               9.6.2011

               EN

               Official Journal of the European Union

               L 150/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 554/2011
   of 30 May 2011
   terminating the anti-dumping proceeding on imports of polyester staple fibres originating in the People’s Republic of China
   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 and 11(2), (5) and (6) thereof,
   Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Measures in force

               (1)

               Following an anti-dumping investigation carried out pursuant to Article 5 of the basic Regulation, the Council, by Regulation (EC) No 428/2005 (2), imposed a definitive anti-dumping duty on imports of polyester staple fibres (PSF) originating in the People’s Republic of China. The rate of the anti-dumping duty ranged between 4,9 % and 49,7 % depending on the manufacturer of the product concerned.

         1.2.   Request for review

               (2)

               Following the publication of a notice of the impending expiry of certain anti-dumping measures (3), applicable to imports of PSF originating in the People’s Republic of China, the Commission received on 14 December 2009 a request for review pursuant to Article 11(2) of the basic Regulation.

               (3)

               The request was lodged by the European Man-made Fibres Association (the applicant) on behalf of Union producers representing a major proportion, in this case more than 25 %, of the production of PSF in the Union.

               (4)

               The request was accompanied by prima facie evidence showing that the expiry of the measures would be likely to result in a recurrence of dumping and injury to the Union industry.

         1.3.   Initiation

               (5)

               Accordingly, after having consulted the Advisory Committee, the Commission published a notice of initiation (4) of an expiry review of the anti-dumping measures applicable to imports into the Union of PSF originating in the People’s Republic of China.

               (6)

               The Commission officially advised the exporting producers, importers concerned, the representatives of the People’s Republic of China, the representative users and the Union producers of the initiation of the review investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

         2.   WITHDRAWAL OF THE REQUEST

               (7)

               By a letter addressed to the Commission, dated 7 March 2011, the applicant formally withdrew its request.

               (8)

               In accordance with Article 9(1) and Article 11(2) of the basic Regulation, a proceeding may be terminated where the request for review is withdrawn unless such a termination would not be in the Union interest.

               (9)

               It was considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that its termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to submit comments. However, no such comments were received as would give reason to reach a different conclusion.

               (10)

               It was therefore concluded that the anti-dumping expiry review proceeding concerning imports into the Union of PSF originating in the People’s Republic of China should be terminated and the existing measures should be repealed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The anti-dumping measures concerning imports of synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning, currently falling within CN code 5503 20 00 and originating in the People’s Republic of China, are hereby repealed and the proceeding on these imports is terminated.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 May 2011.

            For the Council

            The President

         CSÉFALVAY Z.

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

      (2)  OJ L 71, 17.3.2005, p. 1.

      (3)  OJ C 249, 17.10.2009, p. 19.

      (4)  OJ C 64, 16.3.2010, p. 10.