title: Commission Implementing Regulation (EU) No 679/2011 of 14 July 2011 amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

text:
               15.7.2011

               EN

               Official Journal of the European Union

               L 185/57

         COMMISSION IMPLEMENTING REGULATION (EU) No 679/2011
   of 14 July 2011
   amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
   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,
   Whereas:

               (1)

               Regulation (EC) No 1698/2005 established a single legal framework for the European Agricultural Fund for Rural Development (EAFRD) support for rural development throughout the Union. That legal framework has been complemented by implementing rules laid down by Commission Regulation (EC) No 1974/2006 (2). In the light of experience gained and problems that have arisen in the implementation of Rural Development Programmes it is necessary to amend certain provisions of that Regulation and to introduce certain additional implementing rules.

               (2)

               Operations concerning the production of renewable energy on agricultural holdings pursuant to Article 26 of Regulation (EC) No 1698/2005 may fall outside the scope of Article 42 of the Treaty. In order to ensure compliance with agricultural State aid rules, a specific provision should be laid down for investments in the production of renewable energy on agricultural holdings.

               (3)

               Article 27(12) of Regulation (EC) No 1974/2006 provides that adjustment of agri-environment or animal welfare commitments may take the form of an extension of the duration of the commitment. In order to avoid overlapping with the following programming period, such adjustment should be limited to the end of the premium period to which the 2013 payment claim refers.

               (4)

               Article 47 of Regulation (EC) No 1698/2005 provides that forest-environmental commitments are to be undertaken as a general rule for a period between 5 and 7 years. In order to avoid a situation in which renewed commitments overlap with the following programming period, it should be provided that Member States may allow such commitments to be extended to the end of the premium period to which the 2013 payment claim refers.

               (5)

               Article 62(1)(b) of Regulation (EC) No 1698/2005 provides that, at the decision-making level of the local action group, economic and social partners, as well as other representatives of civil society, are to make up at least 50 % of the local partnership. Member States should ensure that local action groups comply with this minimum percentage with respect to voting, too, in order to prevent the public sector from dominating decision-making. Furthermore, it should be ensured that project promoters are not able to influence the project selection decision. Effective safeguards should therefore be established to avoid any conflict of interests with regard to the appraisal and vote on project proposals. The transparency of the decision making should also be guaranteed with the appropriate visibility.

               (6)

               Article 38(2) of Regulation (EC) No 1974/2006 provides for the possibility of paying advances for the running costs of local action groups. It has been proven that in order to ensure the cash flow needs of local action groups it is necessary to extend the possibility to pay advances to cover the costs related to acquiring skills and animating the territory as referred to in Article 63(c) of Regulation (EC) No 1698/2005.

               (7)

               Article 44(3) of Regulation (EC) No 1974/2006 allows Member States to take specific measures to ensure that minor changes to the situation of a holding do not lead to inappropriate results in relation to commitments entered into, in terms of the obligation of the beneficiary to repay the assistance where a commitment is not taken over by the transferee of a part of the holding. In order to ensure legal certainty, a definition should be provided of what constitutes a minor change in cases where the area of the holding is reduced.

               (8)

               Article 46 of Regulation (EC) No 1974/2006 provides for a revision clause in case of amendments to the baseline for certain measures. A revision clause should also be provided in case the duration of new agri-environment, animal welfare or forest-environmental commitments undertaken for a period between 5 and 7 years extends beyond the end of the current programming period, in order to avoid inconsistencies with the legal and policy framework to be laid down for the period following the current programming period.

               (9)

               In order to clarify the application of Article 52(1) of Regulation (EC) No 1974/2006, the basis on which the co-financing rate is applied in the case of financial engineering should be set out.

               (10)

               As regards guarantee funds in the context of financial engineering under subsection 3 of Section 1 of Chapter IV of Regulation (EC) No 1974/2006, additional details on the method of calculating the eligible expenses of the operation related to such interventions should be provided to ensure the most efficient use of Union resources.

               (11)

               While acknowledging the specificities of rural development, relating essentially to the small scale of supported operations, it is necessary, in order to maximise the leverage effect of the financial engineering tool, to clarify the reuse of the resources returned to the financial engineering operation during the programming period as well as to make a distinction between it and the reuse after the final date of eligibility of the rural development programme.

               (12)

               Taking into account the nature of some investments in forestry and the fact that payments could in certain cases be area-related, it should be possible to use standard costs calculations as an alternative to the invoice-based system used to determine the level of support for the measure referred to in Article 27 of Regulation (EC) No 1698/2005. Article 53(1) of Regulation (EC) No 1974/2006 should therefore be adapted accordingly.

               (13)

               Article 54(1) of Regulation (EC) No 1974/2006 provides for the conditions under which contributions in kind may be considered as eligible expenditure. In its present form, Article 54(1) considers contributions in kind to be eligible only for investment operations. Experience has shown that this condition is too restrictive for the efficient implementation of measures. Therefore, it should be provided that contributions in kind may be eligible for all types of operation.

               (14)

               Article 55 of Regulation (EC) No 1974/2006 lays down a set of rules for the definition of eligible expenditure for investment operations. In order to bring additional clarity to the implementation of this Article, the acquisition of payment entitlements should be explicitly excluded from eligibility. It should also be clarified that, given their nature, investments replacing agricultural production potential after natural disasters constitute eligible expenditure.

               (15)

               In order to increase the impact of advances in the context of the ongoing financial crisis, taking due account of the specific role of regional governments in implementing rural development policy, the possibility for advance payments provided for in Article 56 of Regulation (EC) No 1974/2006 should be opened up to regional authorities as well.

               (16)

               To facilitate the implementation of investment projects in the context of the ongoing economic and financial crisis, the maximum ceiling for advance payments was raised to 50 % for investments in 2009 and 2010. In order to take account of the continuing negative effects of the economic and financial crisis, this higher ceiling should be maintained until the end of the programming period. In order to ensure continuity in the implementation of Rural Development Programmes between the end of 2010 and the entry into force of this Regulation, the relevant provision should be applied retroactively from 1 January 2011.

               (17)

               To take account of the relatively small size of rural development projects and the difficulty such projects have in obtaining bank guarantees for advance payments, measures should be taken allowing those guarantees to be replaced by written guarantees from public authorities.

               (18)

               To make the best use of advances, it should be left to the competent paying agency to define when guarantees are released.

               (19)

               Regulation (EC) No 1974/2006 should therefore be amended accordingly.

               (20)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1974/2006 is amended as follows:

               (1)

               the following Article 16a is inserted:
               ‘Article 16a
               For the purpose of Article 26 of Regulation (EC) No 1698/2005, where investments are made in the production of thermal energy and/or electricity from renewable sources on agricultural holdings, renewable energy production facilities shall be eligible for support only if their production capacity is no more than equivalent to the combined average annual energy consumption of thermal energy and electricity on the agricultural holding, including the farm household.
               Where investments are made in the production of biofuels within the meaning of Directive 2009/28/EC of the European Parliament and of the Council (3) on agricultural holdings, renewable energy production facilities shall be eligible for support only if their production capacity is no more than equivalent to the annual average transport fuel consumption on the agricultural holding.

               (2)

               in Article 27(12), the second subparagraph is replaced by the following:
               ‘Such adjustments may also take the form of an extension of the duration of the commitment. The extension may not go beyond the end of the period to which the 2013 payment claim refers.’;

               (3)

               the following Article 32a is inserted:
               ‘Article 32a
               For the purpose of Article 47 of Regulation (EC) No 1698/2005, Member States may allow forest-environmental commitments to be extended until the end of the period to which the 2013 payment claim refers.’;

               (4)

               in Article 37, the following paragraph is added:
               ‘5.   For the purposes of Article 62(4) of Regulation (EC) No 1698/2005, decisions on the selection of projects by the decision-making body of local action groups shall be taken by a vote in which the economic and social partners as well as other representatives of the civil society, as provided for in Article 62(1)(b) of that Regulation, shall make up at least 50 % of the votes. As regards the decision-making process with regard to project selection, appropriate rules to guarantee transparency and to avoid situations of conflicts of interest shall be respected.’;

               (5)

               in Article 38, paragraph 2 is replaced by the following:
               ‘2.   Member States may, upon request, pay an advance to local action groups. The amount of the advance shall not exceed 20 % of the public aid related to the costs referred to in Article 63(c) of Regulation (EC) No 1698/2005, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. The guarantee shall be released upon closure of the local development strategy at the latest.
               Article 24(6) of Commission Regulation (EU) No 65/2011 (4) shall not apply for the payment referred to in the first subparagraph.

               (6)

               in Article 44(3), the following subparagraph is added:
               ‘A reduction in the area of the holding of up to 10 % of the area under commitment shall be considered as a minor change for the purpose of the first subparagraph.’;

               (7)

               in Article 46, the following paragraph is added:
               ‘A revision clause shall be provided from 2012 onwards for commitments undertaken for a period of between 5 and 7 years, pursuant to Articles 39, 40 and 47 of Regulation (EC) No 1698/2005, which extend beyond the end of the current programming period, to allow for their adjustment to the legal framework of the following programming period. However, Member States may decide to introduce such a revision clause already in 2011. The second paragraph shall apply also with respect to this paragraph.’;

               (8)

               Article 52 is replaced by the following:
               ‘Article 52
               1.   As regards financial engineering actions referred to in Article 51 of this Regulation, the expenditure declared to the Commission in accordance with Article 26(3)(a) of Regulation (EC) No 1290/2005 shall be the total expenditure paid in establishing or contributing to such funds.
               However, when paying the balance and closing the rural development programme in accordance with Article 28 of Regulation (EC) No 1290/2005, the eligible expenditure shall be the total of:

                           (a)

                           any payment for investment in enterprises out of each of the funds concerned, or any guarantees provided including amounts committed as guarantees by guarantee funds;

                           (b)

                           eligible management costs.

                     The co-financing rate to be applied shall correspond to the co-financing rate of the measure to which the fund contributes. If the fund contributes to several measures with different co-financing rates, these rates shall apply at the ratio of the respective eligible expenditure.
               The difference between the EAFRD contribution actually paid pursuant to the first subparagraph and the eligible expenditure under points (a) or (b) of the second subparagraph shall be cleared in the context of the annual accounts of the last year of implementation of the programme. These accounts shall include the detailed financial information needed.
               2.   Where EAFRD co-finances operations comprising guarantee funds for repayable investments pursuant to Article 50 of this Regulation, an appropriate ex ante assessment of expected losses shall be carried out, taking into account current market practices for similar operations for the type of investments and market concerned. The assessment of the expected losses may be reviewed, if justified by subsequent market conditions. The resources committed to honour guarantees shall reflect such an assessment.
               3.   Resources returned to the operation during the programming period from investments undertaken by funds or left over after a guarantee has been honoured shall be reused by the fund according to the funding agreement referred to in Article 51(6) of this Regulation or cleared in the context of the annual accounts. After the final date of eligibility of the rural development programme, resources returned to the operation from investments undertaken by funds or left over after all guarantees have been honoured shall be used by the Member States concerned for the benefit of individual undertakings.
               Interest generated by payments from rural development programmes to funds shall be used according to the first subparagraph.’;

               (9)

               in Article 53(1), the first subparagraph is replaced by the following:
               ‘Where appropriate, Member States may fix the level of support provided for in Articles 27, 31, 37 to 41 and 43 to 49 of Regulation (EC) No 1698/2005 on the basis of standard costs and standard assumptions of income foregone.’;

               (10)

               in Article 54(1), the introductory phrase of the first subparagraph is replaced by the following:
               ‘Contributions in kind from a public or private beneficiary, namely the provision of goods or services for which no cash payment supported by invoices or documents of equivalent probative value is made, may be eligible expenditure provided that the following conditions are fulfilled:’;

               (11)

               Article 55(2) is replaced by the following:
               ‘2.   In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support.
               Simple replacement investments shall not be eligible expenditure.
               However, in cases of restoration of agricultural production potential damaged by natural disasters pursuant to Article 20(b)(vi) of Regulation (EC) No 1698/2005, expenditure for the purchase of animals and replacement investments may be eligible expenditure.’;

               (12)

               Article 56 is replaced by the following:
               ‘Article 56
               1.   By way of derogation from Article 24(6) of Regulation (EU) No 65/2011, Member States may, upon request, pay an advance to the beneficiaries of investment support. As regards public beneficiaries, such an advance may be paid to municipalities and associations thereof, to regional authorities and to public law bodies.
               2.   The amount of the advances shall not exceed 50 % of the public aid related to the investment, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance.
               A facility provided as a guarantee by a public authority shall be considered equivalent to the guarantee referred to in the first subparagraph, provided that the authority undertakes to pay the amount covered by that guarantee should entitlement to the advance paid not be established.
               3.   The guarantee may be released when the competent paying agency establishes that the amount of actual expenditure corresponding to the public aid related to the investment exceeds the amount of the advance.’.

         Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 1(12), as concerns the first subparagraph of Article 56(2) of Regulation (EC) No 1974/2006, shall apply from 1 January 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 368, 23.12.2006, p. 15.

      (3)  OJ L 140, 5.6.2009, p. 16.’;

      (4)  OJ L 25, 28.1.2011, p. 8.’;


title: Council Implementing Regulation (EU) No 855/2010 of 27 September 2010 amending Regulation (EC) No 1631/2005 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating, inter alia, in the People’s Republic of China

text:
               29.9.2010

               EN

               Official Journal of the European Union

               L 254/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 855/2010
   of 27 September 2010
   amending Regulation (EC) No 1631/2005 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating, inter alia, 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 Article 9(4), and Article 11(3),(5) and (6) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               In October 2005, the Council, by Regulation (EC) No 1631/2005 (2) (the ‘original Regulation’), imposed definitive anti-dumping measures on imports of trichloroisocyanuric acid (‘TCCA’) originating in the People’s Republic of China (‘PRC’). The duty rates ranged from 7,3 % to 42,6 %.

         2.   Request for a review

               (2)

               In 2009, the Commission received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation. The request, limited in scope to the examination of dumping, was lodged by a Chinese exporting producer Heze Huayi Chemical Co., Ltd (‘Heze’ or ‘the applicant’). The rate of the definitive anti-dumping duty applicable to the applicant is 14,1 %.

               (3)

               In its request, the applicant claimed that the circumstances on the basis of which measures were imposed have changed and that these changes are of a lasting nature. The applicant provided prima facie evidence that the continued imposition of the measure at its current level is no longer necessary to offset dumping.

               (4)

               In particular, the request was based on the claim that the TCCA unit cost of the applicant have significantly decreased since the original investigation as:

                           —

                           the applicant produces the main raw material needed to produce the product under investigation; and,

                           —

                           the applicant has increased its production capacity,

         3.   Initiation of a review

               (5)

               Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission, on 2 July 2009, initiated an investigation (3) pursuant to Article 11(3) of the basic Regulation, limited in scope to the examination of dumping in respect of the applicant.

         4.   Product concerned and like product

               (6)

               The product concerned by the current review is the same as that described in the original Regulation, trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), originating in the People’s Republic of China (‘the product concerned’), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20.

               (7)

               The product produced and sold on the Chinese domestic market and that exported to the Union have the same basic physical, technical and chemical characteristics and uses and are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.

         5.   Parties concerned

               (8)

               The Commission officially advised the applicant, the Union industry, as well as the representatives of the government of the exporting country, of the initiation of the review.

               (9)

               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.

               (10)

               In order to obtain the information deemed necessary for its investigation, the Commission sent a market economy treatment (MET) claim form and a questionnaire to the applicant and received replies within the deadlines set for that purpose. The Commission sought and verified all the information it deemed necessary for the determination of dumping, and a verification visit was carried out at the premises of the applicant.

         6.   Investigation period

               (11)

               The investigation of dumping covered the period from 1 July 2008 to 30 June 2009 (‘IP’).

         B.   RESULTS OF THE INVESTIGATION

   1.   Market economy treatment (‘MET’)

               (12)

               Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of Article 2 of the basic Regulation for those exporting producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation, i.e. where it is shown that market economy conditions prevail in respect of the manufacture and sale of the like product. These criteria are set out in summarised form below:

                           —

                           business decisions are made in response to market signals, without significant State interference, and costs reflect market values,

                           —

                           firms have one clear set of accounting records which are independently audited in line with international accounting standards (IAS) and applied for all purposes,

                           —

                           there are no significant distortions carried over from a former non-market economy system,

                           —

                           bankruptcy and property laws guarantee stability and legal certainty,

                           —

                           currency exchanges are carried out at market rate.

               (13)

               The investigation found that the applicant met all five MET criteria. It was found that during the IP, Heze made its business decisions without any State interference or distortions related to non-market economy conditions. Heze is subject to Chinese bankruptcy and property laws without any derogation. The company has one set of independently audited accounting records and accounting system and its practice was found to be in line with internationally accepted general accounting principles and IAS. Costs and prices were found to reflect market values and exchange rate conversions were carried out at market rates.

               (14)

               Based on the above facts and considerations, the applicant could be granted MET.

         2.   Normal value

               (15)

               For the determination of normal value it was first established whether Heze’s total volume of domestic sales of the like product was representative in comparison with its total volume of export sales to the Union. In accordance with Article 2(2) of the basic Regulation, domestic sales are considered representative when the total domestic sales volume is at least 5 % of the total volume of corresponding export sales to the Union. The Commission established that TCCA was sold domestically by the applicant in overall representative volumes.

               (16)

               Subsequently, those types of the like product sold on the domestic market by the applicant that were identical and directly comparable to the types sold for export to the Union, were identified.

               (17)

               For each type sold by Heze on the domestic market and found to be directly comparable with the type sold for export to the Union, it was established whether domestic sales were sold in representative volume for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular type were considered sufficiently representative when the total domestic sales volume of that type during the IP represented 5 % or more of the total sales volume of the comparable type exported to the Union.

               (18)

               It was also examined whether the domestic sales of each type could be regarded as having been made in the ordinary course of trade, pursuant to Article 2(4) of the basic Regulation. This was done by establishing the proportion of profitable sales to independent customers on the domestic market of each exported type of the product concerned during the IP.

               (19)

               Where the sales volume of a product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of that type, and where the weighted average price of that type was equal to or above the unit cost of production, normal value was based on the actual domestic price. This price was calculated as a weighted average of the prices of all domestic sales of that type made during the IP, irrespective of whether these sales were profitable or not.

               (20)

               Where the volume of profitable sales of a product type represented 80 % or less of the total sales volume of that type, or where the weighted average price of that type was below the unit cost of production, normal value was based on the actual domestic price, which was calculated as the weighted average price of only the profitable domestic sales of the type in question made during the IP.

               (21)

               Wherever domestic prices of a particular product type sold by Heze could not be used in order to establish the normal value, another method had to be applied. In this regard, the Commission used constructed normal value. In accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding to the manufacturing costs of the exported types a reasonable amount for selling, general and administrative expenses (‘SG&A’) and a reasonable margin of profit. Pursuant to Article 2(6) of the basic Regulation, the amounts for SG&A and profit margin were based on the average SG&A and profit margin of Heze sales in the ordinary course of trade of the like product.

               (22)

               In line with the methodology used in the original investigation, the cost of manufacturing was calculated for two types of products. Taking into account the information provided by the applicant, one cost of manufacturing was calculated for granules and tablets and a second one for powder.

         3.   Export price

               (23)

               As the product concerned was exported directly to independent customers in the Union, the export price was established in accordance with Article 2(8) of the basic Regulation, i.e. on the basis of export prices actually paid or payable for the product when sold for export to the Union.

         4.   Comparison

               (24)

               The average normal value and the average export price for each type of the product concerned were compared on an ex-works basis and at the same level of trade. In order to ensure a fair comparison between normal value and export price, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. For this purpose, adjustments for transport costs, ocean freight and insurance costs, handling, credit costs, and bank charges were made where applicable and justified. Furthermore, it was found that VAT was partially refunded when the product concerned was sold for export to the Union. Consequently, the VAT payable on domestic sales was adjusted accordingly pursuant to Article 2(10)(b) of the basic Regulation.

               (25)

               With regard to the packing cost allowance, the applicant claimed an allowance in respect of packing expenses for sales in both the Chinese and the Union markets. The verification showed that those costs were equally included in the cost of production of the product regardless of whether it was to be sold domestically or for export. Therefore, the allowance claimed was not accepted either in the domestic or in the export market.

         5.   Dumping Margin

               (26)

               As provided for under Article 2(11) of the basic Regulation, the weighted average normal value by type was compared with the weighted average export price of the corresponding type of the product concerned. This comparison showed the existence of dumping.

               (27)

               The dumping margin of Heze expressed as a percentage of the net, free-at-Union-frontier price was found to be 3,2 %.

         C.   LASTING NATURE OF CHANGED CIRCUMSTANCES

               (28)

               In accordance with Article 11(3) of the basic Regulation, it was also examined whether the changed circumstances which were found to exist could reasonably be considered to be of a lasting nature.

               (29)

               The applicant provided full cooperation in this interim review and the data collected and verified allowed for the establishment of a dumping margin based on its individual export prices to the Union. The result of this calculation indicates that the continued application of the measure at its current level is no longer justified.

               (30)

               Evidence obtained and verified during the investigation showed a reduction in the level of dumping explained by the reduction of the company cost structure. The main factors to trigger the reduction in the applicant’s cost structure are the in-house production of the main raw material and the expansion in the applicant’s production capacity.

               (31)

               It was also found that since the original investigation, Heze’s export prices to all markets increased. In particular, export prices to the Union are in line with the company’s export prices to other third countries. Evidence collected on spot showed that the company has many Union customers with similar price levels. The consistent market behaviour of the applicant shows that the changes in circumstances are of a lasting nature.

               (32)

               In the light of the above, it is therefore considered that the circumstances that led to the initiation of this review are unlikely to change in the foreseeable future in a manner that would affect the findings of the current review. Therefore it is concluded that the changes are considered to be of a lasting nature and that the application of the measure at its current level is no longer justified.

         D.   ANTI-DUMPING MEASURES

               (33)

               In the light of the results of this review investigation, it is considered appropriate to amend the anti-dumping duty applicable to imports of the product concerned from Heze to 3,2 %,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The entry concerning Heze Huayi Chemical Co. Limited, in the table in Article 1(2) of Regulation (EC) No 1631/2005, shall be replaced by the following:

                  ‘PRC

                  Heze Huayi Chemical Co. Limited

                  3,2 %

                  A629’

   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, 27 September 2010.

            For the Council

            The President

         K. PEETERS

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

      (2)  OJ L 261, 7.10.2005, p. 1.

      (3)  OJ C 150, 2.7.2009, p. 14 (‘Notice of Initiation’).


title: Commission Implementing Regulation (EU) No 569/2014 of 23 May 2014 amending Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009

text:
               27.5.2014

               EN

               Official Journal of the European Union

               L 157/80

         COMMISSION IMPLEMENTING REGULATION (EU) No 569/2014
   of 23 May 2014
   amending Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009
   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 Article 11(4) thereof,
   Whereas:
   A.   MEASURES IN FORCE

               (1)

               In October 2005, the Council imposed definitive anti-dumping measures on imports of trichloroisocyanuric acid (‘TCCA’), originating in the People's Republic of China (‘PRC’) by Regulation (EC) No 1631/2005 (2) (‘the original Regulation’). The anti-dumping duty rates ranged from 7,3 % to 42,6 %.

               (2)

               By Implementing Regulation (EU) No 855/2010 (3), the Council amended the original Regulation by lowering the anti-dumping duty rate for one exporting producer to 3,2 %.

               (3)

               Following an expiry review, pursuant to Article 11(2) of the basic Regulation, the Council imposed definitive anti-dumping measures consisting of individual duties ranging from 3,2 % to 40,5 % with a residual duty of 42,6 % on imports of TCCA originating in the PRC by Implementing Regulation (EU) No 1389/2011 (4).

         B.   CURRENT PROCEDURE

   1.   Request for a review

               (4)

               On 3 May 2013, the European Commission (‘the Commission’) received a request to initiate a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was lodged by Liaocheng City Zhonglian Industry Co. Ltd (‘the applicant’), an exporting producer in PRC.

               (5)

               The applicant claimed that it did not export the TCCA to the Union during the original period of investigation, i.e. the period from 1 April 2003 to 31 March 2004 (‘the original investigation period’).

               (6)

               Furthermore, the applicant claimed that it was not related to any of the exporting producers of TCCA which are subject to the abovementioned anti-dumping measures.

               (7)

               The applicant further claimed that it had begun exporting TCCA to the Union after the end of the original investigation period.

         2.   Initiation of a new exporter review

               (8)

               The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Union industry concerned had been given the opportunity to comment, the Commission initiated by Regulation (EU) No 809/2013 (5), a review of Implementing Regulation (EU) No 1389/2011 with regard to the applicant.

               (9)

               Pursuant to Regulation (EU) No 809/2013, the anti-dumping duty imposed by Implementing Regulation (EU) No 1389/2011 was repealed with regard to imports of TCCA produced and sold for export to the Union by the applicant. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register such imports.

         3.   Product concerned

               (10)

               The product concerned by the current review is the same as that described in the original Regulation, trichloroisocyanuric acid and preparations thereof also referred to as ‘symclosene’ under the international non-proprietary name (INN), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 and originating in the People's Republic of China (‘the product concerned’ or ‘TCCA’).

               (11)

               TCCA is a chemical product used as a broad spectrum organic chlorine disinfectant and bleacher, in particular used for disinfecting water in swimming pools. It is sold in the form of powder, granules, tablets or chips. All forms of TCCA and preparations thereof share the same basic characteristics (chemical composition) and properties (disinfectant), are all intended for similar use and are therefore considered as a single product.

         4.   Parties concerned

               (12)

               The Commission officially advised the applicant, the Union industry as well as the representatives of the exporting country, of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard.

               (13)

               In order to obtain the information deemed necessary for this investigation, the Commission sent a market economy treatment (MET) claim form and a questionnaire to the applicant and received replies within the deadlines set for that purpose. The Commission sought to verify all the information it deemed necessary for the determination of the new exporter status and the dumping margin. A verification visit was carried out at the premises of the applicant in the PRC.

         5.   Investigation period

               (14)

               The investigation of dumping covered the period from 1 August 2012 until 31 July 2013 (‘investigation period’ or ‘IP’).

         C.   RESULTS OF THE INVESTIGATION

   1.   ‘New exporter’ qualification

               (15)

               The investigation confirmed that the applicant had not exported the product concerned during the original investigation period and that it had started to export it to the Union after that period.

               (16)

               As concerns the other conditions for the recognition of a ‘new exporter’ status, the applicant was able to demonstrate that it did not have any links, direct or indirect, with any of the Chinese exporting producers subject to the anti-dumping measures in force with regard to the product concerned.

               (17)

               Accordingly, it is confirmed that the applicant should be considered a ‘new exporter’ in accordance with Article 11(4) of the basic Regulation and thus an individual margin should be determined for it.

         2.   Dumping

      Market economy treatment (MET)

               (18)

               Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of Article 2 of the basic Regulation for those exporting producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation, i.e. where it is shown that market economic conditions prevail in respect of the manufacture and sale of the like product.

               (19)

               These criteria are set out in summarised form below:

                           —

                           business decisions are made in response to market signals without significant State interference, and costs reflect market values,

                           —

                           firms have one clear set of independently audited accounting records in line with international accounting standards (IAS) and applied for all purposes,

                           —

                           no significant distortions are carried over from the former non-market economy system,

                           —

                           bankruptcy and property laws guarantee stability and legal certainty,

                           —

                           exchange rate conversions are carried out at market rates.

               (20)

               The investigation established that the applicant's accounting records were not in line with international accounting standards and that, therefore, the company's accounting practice does not fulfil the requirements of the second criterion. In particular, the applicant failed to report in its accounts the implementation of an incentive scheme for management staff in line with international accounting standards.

               (21)

               As a consequence, the balance sheet did not faithfully represent the financial position of the company and the profit and loss account and cash flow statement were burdened by financial costs for which there was no justification.

               (22)

               Based on these considerations, the applicant could not be granted MET.

               (23)

               The applicant and other interested parties were given an opportunity to comment on the above findings.

               (24)

               The applicant pointed out that the incentive scheme should be booked in 2013, that it has no connection with the balance sheet of 2012 and that in 2012 the nature of the scheme was not yet determined. According to the applicant, such determination would be made in accordance with recommendations to be made by the auditors at the moment of the auditing exercise of the financial accounts for 2013 and could take the form of remuneration, interest on loan or quasi-contribution.

               (25)

               The scheme was contractually concluded upon between the company and the management in 2012. However, there was no indication of it in the audited accounts of 2012, not even in the notes to the financial accounts. No accounting entry, identifying the incentive scheme, was made during the financial year 2013 up to the time of the investigation (November 2013) either.

               (26)

               This absence of reporting in the accounts is serious. Indeed, the total liabilities reported in the trial balance at the end of the IP, 31 July 2013, were significantly underreported since the total loan amount pledged by managers would have increased the figure of the liabilities by 14 %. Moreover, the profit and loss account of 2013 will contain financial costs for which there is no legal basis, since no incoming cash flow corresponding to the incentive scheme occurred and interests were nevertheless effectively paid in 2013. As a consequence, the 2013 financial costs will be 9 times higher than the costs reported for 2012. Therefore, the financial information contained in the accounts did not provide for a reliable and faithful representation of the financial position of the company.

               (27)

               It should also be noted that the nature of the scheme and the accounting thereof cannot depend on auditing qualification and that the booking thereof should be correctly made in a timely manner and not retrospectively. Therefore, a failure to report with accuracy the financial position and flows related to the scheme, cannot be considered to be in line with international accounting standards.

               (28)

               In reaction to the disclosure of the Commission's findings, the applicant reiterated its request for MET, without however bringing any new argument. The findings on the MET determination are therefore confirmed.

      Normal value

               (29)

               According to Article 2(7)(a) of the basic Regulation, for non-market economy countries and, to the extent that MET could not be granted, for countries in transition, normal value has to be established on the basis of the price or constructed value in an analogue country.

               (30)

               As announced in the Regulation (EU) No 809/2013, the Commission envisaged using Japan as an analogue country for the purpose of establishing normal value for the applicant in the event that it was not granted market economy treatment and as it was done in the investigation which led to the imposition of measures by the original Regulation.

               (31)

               Interested parties were invited to comment on the appropriateness of Japan as an analogue country and did not submit any comments. The Commission also contacted producers in the United States of America, but did not obtain any cooperation. Consequently, Japan is considered to be an appropriate analogue country. One producer in Japan agreed to cooperate and submitted the requested information.

               (32)

               In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the Japanese producer's domestic sales of TCCA to independent customers were representative. In this respect, it was found that the total volume of such sales was equal to at least 5 % of the total volume of applicant's export sales to the Union.

               (33)

               The Commission subsequently examined whether there were types of TCCA sold domestically by the Japanese cooperating producer that were sufficiently comparable to the types sold by the applicant for export to the Union. The Commission identified the types of TCCA found to be identical or directly comparable to the type sold for export to the Union by the applicant. It was also established that these types were sold at profitable levels and in the ordinary course of trade by the Japanese company and that the domestic sales prices could be considered for the determination of the normal value.

               (34)

               Therefore, normal value was based on the actual domestic price, calculated as a weighted average, of the product types of TCCA deemed comparable.

      Export price

               (35)

               As the product concerned was exported directly to independent customers in the Union, the export price was established in accordance with Article 2(8) of the basic regulation, i.e. on the basis of the export prices actually paid or payable for the product when sold for export to the Union.

      Comparison

               (36)

               The normal value and export prices were compared on an ex-works basis and at the same level of trade. For the purpose of ensuring a fair comparison between the normal value and the export price, account was taken, in accordance with article 2(10) of the basic Regulation, of differences which affected price comparability. For this purpose, transport costs and packaging expenses were removed from both the Chinese export prices and the Japanese cooperating producer's domestic sales prices.

      Dumping margin

               (37)

               As provided for under Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of a weighted average normal value by type with the weighted average export price of the corresponding type of the product concerned. This comparison showed the existence of dumping.

               (38)

               The dumping margin for the applicant, expressed as a percentage of the net, free-at-Union-frontier price was found to be 32,8 %.

         D.   AMENDMENT OF MEASURES BEING REVIEWED

               (39)

               In view of the findings of the investigation and in accordance with the lesser duty rule, it is concluded that a definitive anti-dumping measure should be imposed for the applicant at the level of the dumping margin found, which in this case is lower than the injury margin in the original case.

         E.   REGISTRATION

               (40)

               In the light of the above findings, the anti-dumping duty applicable to the applicant shall be levied retroactively on imports of the product concerned which have been made subject to registration pursuant to Article 3 of Regulation (EU) No 809/2013.

         F.   DISCLOSURE AND DURATION OF THE MEASURES

               (41)

               The parties concerned were informed of the essential facts and considerations on the basis of which it was intended to impose on imports of TCCA from the applicant an amended definitive anti-dumping duty and to levy this duty retroactively on imports made subject to the registration. Comments were received from the applicant, however, as explained above, they were not of a nature to change the above conclusions.

               (42)

               This review does not affect the date on which the measures imposed by Implementing Regulation (EU) No 1389/2011 will expire.

         G.   OPINION OF THE COMMITTEE

               (43)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   In Article 1(2) of Implementing Regulation (EU) No 1389/2011 the following row shall be inserted into the table:

                  Company

                  Anti-dumping duty rate

                  TARIC additional code

                  ‘Liaocheng City Zhonglian Industry Co. Ltd

                  32,8 %

                  A998’

   2.   As stipulated in Article 1(3) of Implementing Regulation (EU) No 1389/2011, the application of the individual duty shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to that Regulation. If no such invoice is presented, the anti-dumping duty rate applicable to ‘all other companies’ mentioned in the table of Article 1(2) of Implementing Regulation (EU) No 1389/2011 shall apply.
   The duty hereby imposed shall also be levied retroactively on imports of the product concerned which have been registered pursuant to Article 3 of Regulation (EU) No 809/2013. These imports are not subject to the condition of presentation of a commercial invoice since they were registered.
   The customs authorities are hereby directed to cease the registration of imports of the product concerned originating in the People's Republic of China produced and sold for export to the Union by Liaocheng City Zhonglian Industry Co. Ltd
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 261, 7.10.2005, p. 1.

      (3)  OJ L 254, 29.9.2010, p. 1.

      (4)  OJ L 346, 30.12.2011, p. 6.

      (5)  OJ L 229, 28.8.2013, p. 2.


title: Commission Implementing Regulation (EU) No 727/2014 of 30 June 2014 initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration

text:
               1.7.2014

               EN

               Official Journal of the European Union

               L 192/42

         COMMISSION IMPLEMENTING REGULATION (EU) No 727/2014
   of 30 June 2014
   initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports 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 Article 11(4) thereof,
   After informing the Member States,
   Whereas:
   1.   REQUEST

               (1)

               The European Commission (‘Commission’) has received a request for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation.

               (2)

               The request was lodged on 4 January 2014 by Juancheng Kangtai Chemical Co. Ltd (‘the applicant’), an exporting producer in the People's Republic of China (‘PRC’) of trichloroisocyanuric acid.

         2.   PRODUCT

               (3)

               The product under review is trichloroisocyanuric acid and preparations thereof (TCCA), also referred to as ‘symclosene’ under the international non-proprietary name (INN), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933698070 and 3808942020), and originating in the PRC (‘the product under review’).

         3.   EXISTING MEASURES

               (4)

               The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1389/2011 (2) under which imports into the Union of the product under review originating in the PRC, including the product produced by the applicant, are subject to a definitive anti-dumping duty of 42,6 % with the exception of several companies specially mentioned in Article 1(2) of that Regulation which are subject to individual duty rates.

         4.   GROUNDS

               (5)

               The applicant claims that it did not export the product under review to the Union during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 April 2003 to 31 March 2004 (‘the original investigation period’).

               (6)

               Furthermore, the applicant claims that it is not related to any of the exporting producers of the product under review which are subject to the above-mentioned anti-dumping measures.

               (7)

               The applicant further claims that it has begun exporting the product under review to the Union after the end of the original investigation period.

         5.   PROCEDURE

               (8)

               Union producers known to be concerned have been informed of the request for a review and have been given an opportunity to comment.

               (9)

               Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product under review into the Union shall be subject.

               (10)

               If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product under review from companies not individually mentioned in Article 1(2) of Implementing Regulation (EU) No 1389/2011.

         (a)   Questionnaires

               (11)

               In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant.

         (b)   Collection of information and holding of hearings

               (12)

               All interested parties are hereby invited to make their views known in writing and to provide supporting evidence.

               (13)

               Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.

         (c)   Selection of the market economy country

               (14)

               Since the applicant expressly waived the right to claim that market economy conditions prevail for it, normal value shall be determined on the basis of Article 2(7)(a) of the basic Regulation. Therefore, an appropriate market economy country will be used for the purpose of establishing normal value in respect of the PRC. The Commission envisages using Japan again for this purpose as was done in the investigation which led to the imposition of measures on imports of the product under review from the PRC. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in Article 4(3) of this Regulation. According to the information available to the Commission, other market economy suppliers of the Union may be located, inter alia, in Switzerland, Malaysia and Indonesia. The Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that production of the product under investigation is taking place.

         6.   REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS

               (15)

               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 dumping in respect of the applicant, anti-dumping duties can be levied retroactively to the date of the initiation of the review. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the proceeding.

         7.   TIME-LIMITS

               (16)

               In the interest of sound administration, time-limits should be stated within which:

                           —

                           interested parties may make themselves known to the Commission, present their views in writing and submit any information to be taken into account during the investigation,

                           —

                           interested parties may make a written request to be heard by the Commission,

                           —

                           interested parties may comment on the appropriateness of Japan which is envisaged as a market-economy country for the purpose of establishing normal value,

                           —

                           Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time-limits indicated in Article 4 of this Regulation.

         8.   COMMUNICATION WITH INTERESTED PARTIES

               (17)

               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 shall be submitted on a CD-ROM or DVD by hand or by registered mail. Their use of e-mail will constitute an agreement for the communication by e-mail and acceptance of the rules specified in the communication instructions with interested parties which are 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.

               (18)

               All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis must be labelled as ‘Limited’ and, in accordance with Article 19(2) of Regulation (EC) No 1225/2009, must be accompanied by a non-confidential version, which must be labelled ‘For inspection by interested parties’.
               Commission's address for correspondence:

                           European Commission

                           Directorate-General for Trade

                           Directorate H

                           Office: N105 8/21

                           1049 Bruxelles/Brussel

                           BELGIQUE/BELGIË

                           E-mail: trade-tcca-review-bis@ec.europa.eu

         9.   NON-COOPERATION

               (19)

               In cases in which 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 in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

               (20)

               Where it is found that any interested party has supplied false or misleading information, the information shall 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 the 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 shall 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.

         10.   SCHEDULE OF THE INVESTIGATION

               (23)

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

         11.   PROCESSING OF PERSONAL DATA

               (24)

               It is noted that 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 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 (3).

         12.   HEARING OFFICER

               (25)

               Interested parties may request the intervention of the Hearing Officer of the Directorate-General for Trade. 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 party's 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.

               (26)

               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.

               (27)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer,

         HAS ADOPTED THIS REGULATION:
   Article 1
   A review of Implementing Regulation (EU) No 1389/2011 is hereby initiated pursuant to Article 11(4) of Regulation (EC) No 1225/2009 in order to determine if and to what extent the imports of trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), currently falling within within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933698070 and 3808942020), originating in the People's Republic of China, produced and sold for export to the Union by Juancheng Kangtai Chemical Co. Ltd (TARIC additional code A101) should be subject to the anti-dumping duty imposed by Implementing Regulation (EU) No 1389/2011.
   Article 2
   The anti-dumping duty imposed by Implementing Regulation (EU) No 1389/2011 is hereby repealed with regard to the imports identified in Article 1 of the present Regulation.
   Article 3
   The Customs authorities are hereby directed, pursuant to Article 11(4) and Article 14(5) of Regulation (EC) No 1225/2009, to take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   Article 4
   1.   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit a reply to the questionnaire indicated in recital 11 of this Regulation or any information to be taken into account within 37 days from the date of the entry into force of this Regulation, unless otherwise specified.
   2.   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 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 the specific deadlines set by the Commission in its communication with the parties.
   3.   Parties to the investigation wanting to comment on the appropriateness of Japan, which is envisaged as a market-economy third country for the purpose of establishing normal value in respect of the People's Republic of China, must submit their comments within 10 days of the date of entry into force of this Regulation.
   Article 5
   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, 30 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 346, 30.12.2011, p. 6.

      (3)  OJ L 8, 12.1.2001, p. 1.


title: Commission Implementing Regulation (EU) No 454/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications (Ail fumé d’Arleux (PGI))

text:
               17.5.2013

               EN

               Official Journal of the European Union

               L 133/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 454/2013
   of 7 May 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Ail fumé d’Arleux (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

               (2)

               Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Ail fumé d’Arleux’ was published in the Official Journal of the European Union
                   (3).

               (3)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 May 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ C 212, 19.7.2012, p. 6.

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

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      FRANCE
      Ail fumé d’Arleux (PGI)


title: Commission Implementing Regulation (EU) 2016/2254 of 14 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               15.12.2016

               EN

               Official Journal of the European Union

               L 340/57

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2254
   of 14 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, 14 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

                  MA

                  102,3

                  SN

                  241,4

                  TN

                  123,9

                  TR

                  119,2

                  ZZ

                  146,7

                  0707 00 05

                  MA

                  63,2

                  TR

                  160,2

                  ZZ

                  111,7

                  0709 93 10

                  MA

                  143,1

                  TR

                  162,1

                  ZZ

                  152,6

                  0805 10 20

                  TR

                  71,8

                  ZA

                  27,9

                  ZZ

                  49,9

                  0805 20 10

                  MA

                  71,1

                  ZZ

                  71,1

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

                  IL

                  110,6

                  JM

                  125,0

                  TR

                  81,6

                  ZZ

                  105,7

                  0805 50 10

                  TR

                  78,8

                  ZZ

                  78,8

                  0808 10 80

                  US

                  97,3

                  ZA

                  36,6

                  ZZ

                  67,0

                  0808 30 90

                  CN

                  83,8

                  ZZ

                  83,8

         (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 346/2012 of 19 April 2012 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

text:
               20.4.2012

               EN

               Official Journal of the European Union

               L 108/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 346/2012
   of 19 April 2012
   fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2) thereof,
   Whereas:

               (1)

               Article 162(1)(b) of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(s) and listed in Part XIX of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part V of Annex XX to that Regulation.

               (2)

               Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007.

               (3)

               In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

               (4)

               Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

               (5)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 51/2012 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (7)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XIX of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) No 51/2012 is hereby repealed.
   Article 3
   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, 19 April 2012.

            For the Commission, On behalf of the President,

         Daniel CALLEJA

            Director-General for Enterprise and Industry

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

      (2)  OJ L 171, 6.7.2010, p. 1.

      (3)  OJ L 17, 20.1.2012, p. 15.

      ANNEX

         Rates of the refunds applicable from 20 April 2012 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

                  (EUR/100 kg)

                  CN code

                  Description

                  Destination (1)

                  Rate of refund

                  0407

                  Birds’ eggs, in shell, fresh, preserved or cooked:

                  – Other fresh eggs

                  0407 21 00

                  – – Of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  19,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 29

                  – – Other

                  0407 29 10

                  – – – Of poultry, other than of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  19,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 90

                  – Other:

                  0407 90 10

                  – – Of poultry

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  19,00

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0408

                  Birds’ eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

                  – Egg yolks:

                  0408 11

                  – – Dried:

                  ex 0408 11 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 19

                  – – Other:

                  – – – Suitable for human consumption:

                  ex 0408 19 81

                  – – – – Liquid:

                  not sweetened

                  01

                  0,00

                  ex 0408 19 89

                  – – – – Frozen:

                  not sweetened

                  01

                  0,00

                  – Other:

                  0408 91

                  – – Dried:

                  ex 0408 91 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 99

                  – – Other:

                  ex 0408 99 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

         (1)  The destinations are as follows:

                  01

                  Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II of Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972.

                  02

                  Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia.

                  03

                  South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.

                  04

                  All destinations except Switzerland and those of 02 and 03.


title: Commission Implementing Regulation (EU) 2015/466 of 19 March 2015 establishing the allocation coefficient to be applied to the quantities covered by the applications for import rights lodged from 1 to 7 March 2015 under the tariff quotas opened by Implementing Regulation (EU) No 413/2014 for poultrymeat originating in Ukraine

text:
               20.3.2015

               EN

               Official Journal of the European Union

               L 76/48

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/466
   of 19 March 2015
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import rights lodged from 1 to 7 March 2015 under the tariff quotas opened by Implementing Regulation (EU) No 413/2014 for poultrymeat originating in Ukraine
   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(1) and (3) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 413/2014 (2) opened annual tariff quotas for imports of poultrymeat products originating in Ukraine.

               (2)

               For the quota with order number 09.4273, the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 exceed those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               In order to ensure 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
   The quantities covered by the applications for import rights lodged under Implementing Regulation (EU) No 413/2014 for the subperiod from 1 April to 30 June 2015 shall be multiplied by the allocation coefficient 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, 19 March 2015.

            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)  Commission Implementing Regulation (EU) No 413/2014 of 23 April 2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 121, 24.4.2014, p. 37).

      (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 April to 30 June 2015
                  (%)

                  09.4273

                  2,901585

                  09.4274

                  —