title: Council Implementing Regulation (EU) No 856/2010 of 27 September 2010 terminating the partial interim review of Regulation (EC) No 661/2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia

text:
               29.9.2010

               EN

               Official Journal of the European Union

               L 254/5

         COUNCIL IMPLEMENTING REGULATION (EU) No 856/2010
   of 27 September 2010
   terminating the partial interim review of Regulation (EC) No 661/2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia
   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 8, 9(4) and 11(3) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               By Regulation (EC) No 2022/1995 (2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate (‘AN’) originating in Russia, falling within CN codes 3102 30 90 and 3102 40 90. Pursuant to a further investigation in accordance with Article 12 of the basic Regulation, which established that the duty was being absorbed, the measures were amended by Regulation (EC) No 663/1998 (3). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 658/2002 (4), imposed a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Finally, a product scope interim review pursuant to Article 11(3) of the basic Regulation was carried out and, by Regulation (EC) No 945/2005 (5), a definitive anti-dumping duty ranging between EUR 41,42 per tonne and EUR 47,07 per tonne was imposed on imports of solid fertilisers originating in Russia with an ammonium nitrate content exceeding 80 % by weight, falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91.

               (2)

               Following a request for an expiry and an interim review (‘the last expiry review’) pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 661/2008 (6), imposed a definitive anti-dumping duty ranging between EUR 28,88 per tonne and EUR 47,07 per tonne for a further five years.

               (3)

               Following the decision of the Court of First Instance of the European Communities to partially annul Regulation (EC) No 945/2005, the Council, by Regulation (EC) No 989/2009 (7), amended the definitive anti-dumping duty in so far as it concerned JSC Kirovo-Chepetsky Khimichesky Kombinat.

               (4)

               By Decision 2008/577/EC of 4 July 2008 (8), the Commission accepted undertaking offers submitted by several exporting producers, including the related Russian exporting producers Joint Stock Company Acron and Joint Stock Company Dorogobuzh (‘Acron’ Holding Company), in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine.

         B.   PRESENT PROCEDURE

   1.   Request for a review

               (5)

               A request for a partial interim review (‘the present review’) pursuant to Article 11(3) of the basic Regulation was lodged by JSC Acron, JSC Dorogobuzh and their related trading company Agronova International Inc., members of ‘Acron’ Holding Company (‘the applicant’). The request was limited in scope to the examination of the form of the measure and in particular to the inclusion of Agronova International Inc. into the price undertaking of JSC Acron and JSC Dorogobuzh.

               (6)

               The applicant alleged that the circumstances under which the price undertaking was granted changed, in particular that Agronova International Inc., a newly established trader in the USA, was incorporated into the ‘Acron’ Holding Company. The applicant further alleged that these changes were of a lasting nature.

         2.   Initiation of a review

               (7)

               The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation. After consulting the Advisory Committee, the Commission initiated (9) a review of the anti-dumping measures imposed by Regulation (EC) No 661/2008 (‘measures in force’) limited in scope to the examination of the form of the measures, in particular the potential effect of the inclusion of Agronova International Inc. into the price undertaking of JSC Acron and JSC Dorogobuzh.

         3.   Product concerned

               (8)

               The product concerned by the present review is the same as in the last expiry review, i.e. solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, originating in Russia (‘the product concerned’), currently falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91.

         4.   Parties concerned

               (9)

               The Commission officially informed the applicant, the representatives of the exporting country and the association of Union producers of the initiation of the review. 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. All interested parties who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.

               (10)

               The Commission sent questionnaires to the applicant and received replies within the deadlines set for that purpose. The Commission sought and verified all information deemed necessary. The Commission carried out a verification visit at the premises of Agronova International Inc., Hallandale, USA (‘Agronova’).

         5.   Review investigation period

               (11)

               The review investigation period covered the period from 1 July 2008 to 30 June 2009 (‘RIP’).

         C.   RESULTS OF THE INVESTIGATION

               (12)

               The investigation confirmed that Agronova was a newly established trading company belonging to ‘Acron’ Holding company.

         1.   Workability of the undertaking

               (13)

               The main considerations as to the inclusion of a trading company in the current undertaking were the practicability of the undertaking, i.e. the effectiveness of its monitoring and in particular assessing the risks of cross-compensation and circumvention through different sales channels and/or through the pricing of different products sold to potentially the same customers.

         1.1.   High risk of cross-compensation through an undisclosed trading company

               (14)

               The investigation revealed that Agronova had strong interpersonal and operational links to at least one other undisclosed company active in the trading and marketing of fertiliser products. It was found that the same and only persons operating Agronova were in fact also involved in the activities of this trading company. In particular, the evidence available showed that both companies shared a common manager and a common officer during most of the RIP, while a third person (who was at the same time found to be the President of the trading company in question), although not formally employed by Agronova, was in fact carrying out its daily trading business including the conduct during the verification visit on behalf of Agronova where he was presented as an advisor of Agronova. In addition to the strong interpersonal links, it was found that both companies were operating from the same office, employing the same secretary and using the same computers and office equipment during almost the entirety of the RIP. Agronova did not reveal the existence and operations of this other trading company neither in its response to the questionnaire nor at the time of the verification visit. The Commission’s request for additional information in order to clarify the situation was only partly satisfied by the applicant since it did not, inter alia, disclose the precise ownership of the trading company nor its detailed activities. The information provided was therefore considered insufficient.

               (15)

               On the basis of the above, the Commission considered that the trading company referred to above was related to Agronova within the meaning of Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (‘IPCCC’) (10) and should have been reported in the applicant’s reply to the questionnaire. The Commission notified the applicant in accordance with Article 18(1) of the basic Regulation of its intention to base these findings on facts available and invited the applicant to comment thereon in accordance with Article 18(4) of the basic Regulation.

               (16)

               The applicant contested that Agronova is related to the above trading company or any other company. Furthermore, on the Commission’s further enquiry request, it did not provide any detailed and verifiable information on the ownership and activities of the trading company in question within the deadline set.

               (17)

               Upon disclosure of the Commission’s proposal to base findings on Article 18 of the basic Regulation, the applicant further denied any relationship between Agronova and the trading company in the sense of Article 143 of the IPCCC. As far as the precise roles of the persons involved in both companies, the applicant contested that both companies shared directors or officers. The applicant even withdrew information given before, claiming that it was wrong or imprecise. The new information given was, however, not sufficiently supported by evidence. Overall, the information and evidence provided in this regard was unclear and in some instances contradictory and therefore in general cast doubts on the reliability of the information provided.

               (18)

               By way of example, while the applicant originally stated that the president of Agronova was also the manager of the trading company in question, this statement was later qualified by explaining that the tasks carried out in the trading company by the president of Agronova did not include any control and decision-making functions. Likewise, while the evidence provided (annual accounts) showed that another person was an ‘officer’ in both companies, it was later claimed that the real functions of this person were those of a legal secretary.

               (19)

               In conclusion, the applicant did not submit any sufficiently reliable information or evidence which could show that the roles and responsibilities of each actor were defined and exercised in a way which would have excluded the existence of a relationship.

               (20)

               The applicant also contested that the trading company in question should be considered as a trading company since it was mainly involved in marketing rather than the sale of fertiliser products. However, besides the fact that this statement was not supported by any evidence, the company also claimed at several instances to be indeed involved in the sale of fertiliser as a trader, but only for small quantities destined to markets other than Europe. The company had therefore to be considered as a trader and this argument had to be rejected.

               (21)

               The Commission considered that the applicant impeded the investigation in the sense of Article 18(1) of the basic Regulation by having provided relevant information only gradually upon request, and the information provided in most cases was subsequently corrected, modified or contradicted. In this regard, given Agronova’s unsatisfactory cooperation, a relationship of trust between the Commission and the company, which, as a general policy, is a necessary precondition for the acceptance of an undertaking, could not be established.

               (22)

               It is reminded that in the analysis of the risk of cross-compensation, the knowledge of different sales channels and the flow of products through these channels is indispensable information. Given the very close interpersonal and operational links between Agronova and the other trading company, it was concluded that the risk of cross-compensation and circumvention through different sales channels was too high and that therefore Agronova should not be included in the current undertaking.

               (23)

               Subsequent to disclosure, the applicant claimed that there would be a risk of cross compensation only where companies are related by shares. First, it should be noted that the risk of cross-compensation is not limited to situations where companies are related by shares, since there are various different ways of cross-compensation. Thus, in this particular case and for reasons explained in the above recital, it was considered that there is a high risk of cross-compensation even if the applicant and Agronova are not related by shares. In addition, the applicant did not outline any legal or factual basis or present evidence to support its claim. This argument had therefore to be rejected.

         1.2.   Considerable risk of cross-compensation through the pricing of different products

               (24)

               The current undertaking not only covers ammonium nitrate but it also imposes a price regime for other products traded by the group in order to avoid the risk of cross-compensation. The applicant stated in its questionnaire reply that it intended to sell through Agronova, inter alia, products that are not included in this price regime and even fertiliser products produced by other producers, located in Russia as well as in other countries. Therefore, a risk of cross-compensation through exports of different products to the same customers was considered as high.

               (25)

               Some of the products that Agronova intended to sell do not have a quoted market price that could serve as a benchmark for monitoring purposes. For this reason the monitoring of the undertaking would also be impracticable.

               (26)

               Following disclosure, the applicant claimed that the Commission disregarded the applicant’s offer to drop its business plans related to blending and other products in case the Commission found it necessary. In this respect it is noted that the Commission received those amended offers only later during the proceeding. The Commission considered that the applicant’s continuous changing of its business plan to fit whatever it considered as the Commission’s expectations cast doubts on the credibility of the applicant’s offer. In this regard, the Commission also considered the insufficient level of cooperation by Agronova in this investigation as an impediment to establishing a relationship of trust between the Commission and Agronova. Therefore, the Commission was not satisfied that such commitment would indeed be respected.

               (27)

               It was therefore concluded that the inclusion of Agronova in the sales channels of ‘Acron’ Holding Company would seriously increase the risks of cross-compensation and circumvention and affect the workability and the effective monitoring of the undertaking.

         2.   Lasting nature of the changed circumstances

               (28)

               During the investigation, the ‘Acron’ Holding Company established another trading company, namely Agronova Europe AG (‘Agronova Europe’) which it claimed would take over most of the trading with European clients and thereby gradually replace Agronova. At a certain stage of the proceeding, the applicant requested that this new trader also be included in the current review with a view to having the two traders included in the existing price undertaking or, alternatively, that a new review be initiated to include this new trader also in the sales channel of the undertaking. This shows that the changed circumstances on the basis of which the present review was requested are not of a lasting nature.

               (29)

               Following disclosure, the applicant claimed that an analysis whether the changed circumstances on the basis of which the present review was initiated were of a lasting nature, would not be relevant in the context of the present interim review limited in scope to the form of measures. The applicant claimed that such analysis would only be required in case dumping and/or injury would be assessed.

               (30)

               The applicant also claimed that it would no longer intend to channel sales of ammonium nitrate through Agronova Europe.

               (31)

               With regard to the applicant’s argument that an analysis as to whether the changed circumstances were of a lasting nature would be irrelevant in the present review, the applicant did not provide any legal reasoning that would have supported this view. In the present review it was considered that the stability of the sales channel(s) was an important factor in deciding to accept the inclusion of a newly established trader in an undertaking given that with every new trader included in a price undertaking the risk of cross-compensation and circumvention increases. This also needs to be addressed through adequate monitoring activities. Therefore, it was concluded that the lasting nature of the changed circumstances was indeed a relevant factor and the argument of the applicant had to be rejected.

               (32)

               As regards the applicant’s claim that Agronova Europe would not be used for sales of ammonium nitrate to the European Union market, this was provided at a very late stage of the investigation (after final disclosure) and contradicted the information submitted previously. The applicant could furthermore not give sufficient assurances as to the respect of this commitment. The Commission again considered that the applicant’s continuous changing of its business plan to fit whatever it considered as the Commission’s expectations cast doubts on the credibility of the applicant’s offer. As outlined in recital 26, the Commission also considered Agronova’s behaviour in impeding the investigation as an impediment to the establishment of a relationship of trust between the parties to the undertaking. The applicant’s argument had therefore to be rejected.

         D.   TERMINATION OF THE REVIEW

               (33)

               In view of the conclusions reached with regards to the workability of the undertaking and the lasting nature of the changed circumstances, the investigation should be terminated without changing the existing undertaking of the applicant.

         E.   DISCLOSURE

               (34)

               The applicant and interested parties were informed of the essential facts and considerations on the basis of which it was intended to terminate the investigation. All parties were given an opportunity to comment.

               (35)

               The applicant stated that its rights of defence and to a fair hearing have been impaired in the proceeding. The applicant was given and has indeed used numerous occasions to introduce submissions and was given sufficient time to provide information and evidence during the proceeding. The applicant was also given the possibility to request a hearing on several occasions. Therefore its claims in this respect are unwarranted,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The partial interim review concerning imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91 and originating in Russia produced by Joint Stock Company Acron and Joint Stock Company Dorogobuzh is hereby terminated without changing the form of the measure.
   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 198, 23.8.1995, p. 1.

      (3)  OJ L 93, 26.3.1998, p. 1.

      (4)  OJ L 102, 18.4.2002, p. 1.

      (5)  OJ L 160, 23.6.2005, p. 1.

      (6)  OJ L 185, 12.7.2008, p. 1.

      (7)  OJ L 278, 23.10.2009, p. 1.

      (8)  OJ L 185, 12.7.2008, p. 43.

      (9)  OJ C 152, 4.7.2009, p. 40.

      (10)  OJ L 253, 11.10.1993, p. 1.


title: Commission Implementing Regulation (EU) 2017/152 of 27 January 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.1.2017

               EN

               Official Journal of the European Union

               L 23/17

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/152
   of 27 January 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, 27 January 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

                  IL

                  299,8

                  MA

                  129,7

                  SN

                  268,2

                  TR

                  165,7

                  ZZ

                  215,9

                  0707 00 05

                  MA

                  80,2

                  TR

                  202,3

                  ZZ

                  141,3

                  0709 93 10

                  MA

                  282,1

                  TR

                  260,5

                  ZZ

                  271,3

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  46,1

                  MA

                  53,0

                  TN

                  59,3

                  TR

                  74,4

                  ZZ

                  58,2

                  0805 21 10 , 0805 21 90 , 0805 29 00

                  EG

                  94,2

                  IL

                  158,5

                  JM

                  109,0

                  MA

                  84,6

                  TR

                  83,0

                  ZZ

                  105,9

                  0805 22 00

                  IL

                  139,7

                  MA

                  77,8

                  ZZ

                  108,8

                  0805 50 10

                  EG

                  85,5

                  TR

                  85,7

                  ZZ

                  85,6

                  0808 10 80

                  CN

                  145,5

                  US

                  124,9

                  ZZ

                  135,2

                  0808 30 90

                  CL

                  307,7

                  CN

                  88,2

                  TR

                  154,0

                  ZA

                  84,4

                  ZZ

                  158,6

         (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 1088/2011 of 27 October 2011 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for weaned piglets (holder of authorisation Aveve NV) Text with EEA relevance

text:
               28.10.2011

               EN

               Official Journal of the European Union

               L 281/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 1088/2011
   of 27 October 2011
   concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for weaned piglets (holder of authorisation Aveve NV)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754). The application was accompanied by the particulars and documents required pursuant to Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for weaned piglets, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The use of that preparation was authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1091/2009 (2).

               (5)

               New data were submitted in support of the application for the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) for weaned piglets. The European Food Safety Authority (‘the Authority’) concluded in its opinion of 16 June 2011 (3) that, under the proposed conditions of use, the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) does not have an adverse effect on animal health, human health or the environment, and that the use of that preparation can significantly increase the body weight gain and can improve feed to gain ratio in weaned piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (6)

               The assessment of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the 20th 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 October 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 299, 14.11.2009, p. 6.

      (3)  EFSA Journal 2011;9(6):2278.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: digestibility enhancers.

                  4a9

                  Aveve NV

                  Endo-1,4-beta-xylanase
                  EC 3.2.1.8
                  Endo-1,3(4)-beta-glucanase
                  EC 3.2.1.6

                                 Additive composition

                              Preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) having a minimum activity of: 40 000 XU (1) and 9 000 BGU (2)/g

                                 Characterisation of the active substance

                              endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754)

                                 Analytical method
                                  (3)

                              Characterisation of the active substance in the additive:

                                          —

                                          colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,4-β-xylanase on a xylan containing substrate,

                                          —

                                          colorimetric method based on reaction of dinitrosalicylic acid on reducing sugar produced by action of endo-1,3(4)-β-glucanase on a β-glucan containing substrate.

                                    Characterisation of the active substances in the feedingstuffs:

                                          —

                                          colorimetric method measuring water-soluble dye released by action of endo-1,4-beta-xylanase from dye cross-linked wheat arabinoxylan substrate,

                                          —

                                          colorimetric method measuring water-soluble dye released by action of endo-1,3(4)-beta-glucanase from dye cross-linked barley betaglucan substrate.

                  Piglets
                  (weaned)

                  —

                  4 000 XU
                  900 BGU

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature, storage life, and stability to pelleting.

                              2.

                              For use in weaned piglets up to approximately 35 kg.

                              3.

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

                  17.11.2021

         (1)  1 XU is the amount of enzyme which liberates 1 micromole of reducing sugars (xylose equivalents) per minute from xylan of oat spelt at pH 4,8 and 50 °C.

         (2)  1 BGU is the amount of enzyme which liberates 1 micromole of reducing sugars (cellobiose equivalents) per minute from ß-glucan of barley at pH 5,0 and 50 °C.

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


title: Commission Implementing Regulation (EU) No 420/2012 of 16 May 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               17.5.2012

               EN

               Official Journal of the European Union

               L 130/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 420/2012
   of 16 May 2012
   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 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 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, 16 May 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 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

                  110,6

                  MA

                  57,6

                  TR

                  98,7

                  ZZ

                  89,0

                  0707 00 05

                  JO

                  208,4

                  MK

                  59,4

                  TR

                  95,4

                  ZZ

                  121,1

                  0709 93 10

                  TR

                  125,5

                  ZZ

                  125,5

                  0805 10 20

                  EG

                  49,9

                  IL

                  60,7

                  MA

                  48,5

                  TR

                  44,3

                  ZZ

                  50,9

                  0805 50 10

                  TR

                  94,2

                  ZA

                  85,7

                  ZZ

                  90,0

                  0808 10 80

                  AR

                  137,6

                  BR

                  74,2

                  CA

                  110,1

                  CL

                  96,2

                  CN

                  110,2

                  MK

                  29,3

                  NZ

                  141,3

                  US

                  189,1

                  UY

                  87,3

                  ZA

                  98,2

                  ZZ

                  107,4

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2016/215 of 1 February 2016 entering a name in the register of protected designations of origin and protected geographical indications (Aydın İnciri (PDO))

text:
               17.2.2016

               EN

               Official Journal of the European Union

               L 40/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/215
   of 1 February 2016
   entering a name in the register of protected designations of origin and protected geographical indications (Aydın İnciri (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Turkey's application to register the name ‘Aydın İnciri’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Aydın İnciri’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Aydın İnciri’ (PDO) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 1 February 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 299, 11.9.2015, p. 29.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) No 1077/2013 of 31 October 2013 concerning the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 as a feed additive for suckling piglets (holder of authorisation Lactina Ltd)  Text with EEA relevance

text:
               1.11.2013

               EN

               Official Journal of the European Union

               L 292/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 1077/2013
   of 31 October 2013
   concerning the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 as a feed additive for suckling piglets (holder of authorisation Lactina Ltd)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               That application concerns the authorisation of a preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 as a feed additive for suckling piglets, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 March 2013 (2) that, under the proposed conditions of use, the preparation of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and Streptococcus thermophilus NBIMCC 8253 does not have an adverse effect on animal health, human health or the environment. The Authority recognised that it has the potential to increase the body weight in suckling piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 31 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2013; 11(4):3170.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

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

                     Category of zootechnical additives. Functional group: gut flora stabilisers

                  4b1891

                  Lactina Ltd

                     Enterococcus faecium NBIMCC 8270

                     Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269,

                     Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244,
                  and

                     Streptococcus thermophilus NBIMCC 8253

                                 Additive composition

                              Preparation of:

                                             Enterococcus faecium NBIMCC 8270 (minimum of 1,4 × 109 CFU/g of additive),

                                             Lactobacillus acidophilus NBIMCC 8242 (minimum of 8 × 108 CFU/g of additive), Lactobacillus helveticus NBIMCC 8269 (minimum of 5 × 108 CFU/g of additive), Lactobacillus delbrueckii ssp. lactis NBIMCC 8250 (minimum of 2 × 108 CFU/g of additive), Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244 (minimum of 3 × 108 CFU/g of additive), and

                                             Streptococcus thermophilus NBIMCC 8253 (minimum of 1,8 × 109 CFU/g of additive) containing a minimum of 5 × 109 CFU/g of additive (total amount)

                                    Solid form

                                 Characterisation of the active substance

                              Viable cells of:

                                             Enterococcus faecium NBIMCC 8270

                                             Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and

                                             Streptococcus thermophilus NBIMCC 8253

                                 Analytical method
                                  (1)

                              Enumeration of:

                                             Enterococcus faecium NBIMCC 8270,

                                             Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244 and Streptococcus thermophilus NBIMCC 8253: Spread plate method (EN 15787).

                                          Identification of Enterococcus faecium NBIMCC 8270, Lactobacillus acidophilus NBIMCC 8242, Lactobacillus helveticus NBIMCC 8269, Lactobacillus delbrueckii ssp. lactis NBIMCC 8250, Lactobacillus delbrueckii ssp. bulgaricus NBIMCC 8244, and

                                             Streptococcus thermophilus NBIMCC 8253: Pulsed Field Gel Electrophoresis (PFGE).

                  Suckling piglets

                  —

                  5 × 109

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage conditions and stability to pelleting.

                              2.

                              For suckling piglets up to 35 days.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  21 November 2023

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


title: Commission Implementing Regulation (EU) 2016/961 of 26 May 2016 entering a name in the register of protected designations of origin and protected geographical indications (Conwy Mussels (PDO))

text:
               17.6.2016

               EN

               Official Journal of the European Union

               L 160/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/961
   of 26 May 2016
   entering a name in the register of protected designations of origin and protected geographical indications (Conwy Mussels (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘Conwy Mussels’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Conwy Mussels’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Conwy Mussels’ (PDO) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 May 2016.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 70, 24.2.2016, p. 3.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) No 526/2012 of 20 June 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               21.6.2012

               EN

               Official Journal of the European Union

               L 160/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 526/2012
   of 20 June 2012
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 496/2012 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

               (3)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   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, 20 June 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 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 151, 12.6.2012, p. 29.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 21 June 2012

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 12 10 (1)

                  39,66

                  0,00

                  1701 12 90 (1)

                  39,66

                  2,71

                  1701 13 10 (1)

                  39,66

                  0,00

                  1701 13 90 (1)

                  39,66

                  3,01

                  1701 14 10 (1)

                  39,66

                  0,00

                  1701 14 90 (1)

                  39,66

                  3,01

                  1701 91 00 (2)

                  48,62

                  2,88

                  1701 99 10 (2)

                  48,62

                  0,00

                  1701 99 90 (2)

                  48,62

                  0,00

                  1702 90 95 (3)

                  0,49

                  0,22

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) No 718/2012 of 7 August 2012 amending for the 176th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               8.8.2012

               EN

               Official Journal of the European Union

               L 211/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 718/2012
   of 7 August 2012
   amending for the 176th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,
   Whereas:

               (1)

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

               (2)

               On 26 July 2012 the Sanctions Committee of the United Nations Security Council decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 August 2012.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:
      The following entry under the heading ‘Natural persons’ is deleted:

         ‘Bekkay Harrach (alias (a) Abu Talha al Maghrabi, (b) al Hafidh Abu Talha der Deutsche (‘al Hafidh Abu Talha the German’)). Date of birth: 4.9.1977. Place of birth: Berkane, Morocco. Nationality: German. Passport No: 5208116575 (German passport issued in Bonn, Germany, valid until 7.9.2013). National identification No: (a) 5209243072 (German Bundespersonalausweis (national identity card), issued in Bonn, Germany, valid until 7.9.2013, (b) J17001W6Z12 (German driving licence, issued in Bonn, Germany). Date of designation referred to in Article 2a(4)(b): 27.5.2009. Other information: Believed to be in the Afghanistan/Pakistan border area as at April 2009.’


title: Commission Implementing Regulation (EU) No 706/2012 of 1 August 2012 amending for the 175th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               2.8.2012

               EN

               Official Journal of the European Union

               L 206/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 706/2012
   of 1 August 2012
   amending for the 175th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (1), and in particular Article 7(1)(a) and 7a(5) thereof,
   Whereas:

               (1)

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

               (2)

               On 20 July 2012 the Sanctions Committee of the United Nations Security Council decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing requests submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to United Nations Security Council Resolution 1904(2009). It also decided to amend two entries on the list.

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 August 2012.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

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

                  (1)

                  the following entry under the heading ‘Natural persons’ is deleted:
                  ‘Ali Mohamed El Heit (alias (a) Kamel Mohamed, (b) Ali di Roma (c) Ali Il Barbuto). Date of birth: (a) 20.3.1970, (b) 30.1.1971. Place of birth: Rouiba, Algeria. Address: 3 Via Ajraghi Milan, Italy. Other information: Mother's name is Hamadche Zoulicha. Date of designation referred to in Article 2a (4) (b): 17.3.2004.’;

                  (2)

                  the entry ‘Moussa Ben Omar Ben Ali Essaadi (alias (a) Dah Dah, (b) Abdelrahmman, (c) Bechir). Address: Sudan. Date of birth: 4.12.1964. Place of birth: Tabarka, Tunisia. Nationality: Tunisian. Passport No: L335915 (Tunisian passport issued on 8.11.1996, expired on 7.11.2001). Other information: Considered a fugitive from justice by the Italian authorities (as of November 2009). Date of designation referred to in Article 2a (4) (b): 25.6.2003’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Moussa Ben Omar Ben Ali Essaadi (alias (a) Dah Dah, (b) Abdelrahmman, (c) Bechir). Address: Tunisia. Date of birth: 4.12.1964. Place of birth: Tabarka, Tunisia. Nationality: Tunisian. Passport No: L335915 (Tunisian passport issued in Milan, Italy on 8.11.1996, expired on 7.11.2001). Other information: Left Sudan to Tunisia in 2011. Date of designation referred to in Article 2a (4) (b): 25.6.2003.’;

                  (3)

                  the entry ‘Ibrahim Awwad Ibrahim Ali Al-Badri Al-Samarrai (alias (a) Dr. Ibrahim ‘Awwad Ibrahim’ Ali al-Badri al-Samarrai’, (b) Ibrahim ‘Awad Ibrahim al-Badri al-Samarrai, (c) Ibrahim ‘Awad Ibrahim al-Samarra’i, (d) Dr. Ibrahim Awwad Ibrahim al-Samarra’i, (e) Abu Du’a, (f) Abu Duaa, (g) Dr. Ibrahim, (h) Abu Bakr al-Baghdadi al-Husayni al-Quraishi, (i) Abu Bakr al-Baghdadi. Title: Dr. Address: Iraq. Date of birth: 1971. Place of birth: Samarra, Iraq. Nationality: Iraqi. Other information: (a) Leader of Al-Qaida in Iraq; (b) Currently based in Iraq; (c) Responsible for managing and directing AQI large scale operations; (d) Prominently known by nom de guerre (Abu Du’a, Abu Duaa’). Date of designation referred to in Article 2a(4)(b): 5.10.2011’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Ibrahim Awwad Ibrahim Ali Al-Badri Al-Samarrai (alias (a) Dr. Ibrahim ‘Awwad Ibrahim’ Ali al-Badri al-Samarrai’, (b) Ibrahim ‘Awad Ibrahim al-Badri al-Samarrai, (c) Ibrahim ‘Awad Ibrahim al-Samarra’i, (d) Dr. Ibrahim Awwad Ibrahim al-Samarra’i, (e) Abu Du’a, (f) Abu Duaa, (g) Dr. Ibrahim, (h) Abu Bakr al-Baghdadi al-Husayni al-Quraishi, (i) Abu Bakr al-Baghdadi. Title: Dr. Address: Iraq. Date of birth: 1971. Place of birth: (a) Samarra, Iraq, (b) Iraq. Nationality: Iraqi. Other information: (a) Leader of Al-Qaida in Iraq; (b) Currently based in Iraq; (c) Prominently known by nom de guerre (Abu Du’a, Abu Duaa’). Date of designation referred to in Article 2a(4)(b): 5.10.2011.’


title: Commission Implementing Regulation (EU) No 1080/2013 of 31 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               1.11.2013

               EN

               Official Journal of the European Union

               L 292/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 1080/2013
   of 31 October 2013
   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 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 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, 31 October 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (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

                  46,1

                  MA

                  43,2

                  MK

                  57,9

                  TR

                  75,3

                  ZZ

                  55,6

                  0707 00 05

                  AL

                  41,5

                  EG

                  207,6

                  MK

                  69,6

                  TR

                  144,6

                  ZZ

                  115,8

                  0709 93 10

                  AL

                  50,7

                  TR

                  165,9

                  ZZ

                  108,3

                  0805 50 10

                  CL

                  81,7

                  TR

                  79,5

                  ZA

                  54,1

                  ZZ

                  71,8

                  0806 10 10

                  BR

                  224,6

                  TR

                  171,4

                  ZZ

                  198,0

                  0808 10 80

                  CL

                  138,2

                  NZ

                  168,8

                  US

                  146,4

                  ZA

                  115,4

                  ZZ

                  142,2

                  0808 30 90

                  CN

                  76,9

                  TR

                  116,3

                  ZZ

                  96,6

         (1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) 2016/1083 of 5 July 2016 approving amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid as an existing active substance for use in biocidal products of product-types 2, 3 and 4 (Text with EEA relevance)

text:
               6.7.2016

               EN

               Official Journal of the European Union

               L 180/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1083
   of 5 July 2016
   approving amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid as an existing active substance for use in biocidal products of product-types 2, 3 and 4
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid.

               (2)

               Amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, private area and public health area disinfectants and other biocidal products, of product-type 3, veterinary hygiene biocidal products, and of product-type 4, food and feed area disinfectants, as described in Annex V to that Directive, which correspond respectively to product-types 2, 3 and 4 as described in Annex V to Regulation (EU) No 528/2012.

               (3)

               Ireland was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 30 August 2013.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 15 April 2015 for use in products of product-type 3 and on 8 December 2015 for use in products of product-types 2 and 4 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to those opinions, biocidal products of product-types 2, 3 and 4 and containing amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid for use in biocidal products of product-types 2, 3 and 4, subject to compliance with certain specifications and conditions.

               (7)

               For use in products of product-type 4, the evaluation did not address the incorporation of biocidal products containing amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid in materials and articles intended to come into contact directly or indirectly with food referred to in Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). The approval should therefore not cover such use, unless the Commission has established specific limits on the migration into food, as referred to in Article 5(1)(e) of that Regulation, or has established that such limits are not necessary.

               (8)

               A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid is approved as an active substance for use in biocidal products of product-types 2, 3 and 4, subject to the specifications and conditions set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      (4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  Amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid

                  IUPAC Name:
                  Amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid
                  EC No: N/A
                  CAS No: 139734-65-9

                  The theoretical calculated dry weight specification: 1 000  g/kg (100,0 %, by wt).
                  The active substance as manufactured is an aqueous solution of 160-220 g/kg of amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid (16-22 %, by wt).

                  1 January 2018

                  31 December 2027

                  2

                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

                              (2)

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          professional users;

                                          (b)

                                          children for products used in institutional areas;

                                          (c)

                                          surface water and sediment for products used in industrial or institutional areas;

                                          (d)

                                          soil for products used in industrial areas.

                  3

                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

                              (2)

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          professional users;

                                          (b)

                                          surface water and sediment for products used for: (i) the disinfection of animal housing; (ii) the disinfection of vehicles used for animal transport; (iii) the disinfection of footwear and animals' hooves;

                                          (c)

                                          soil for products used for the disinfection of vehicles used for animal transport;

                                          (d)

                                          micro-organisms of the sewage treatment plant for products used for the disinfection of footwear and animals' hooves.

                              (3)

                              For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (2) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (3) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

                  4

                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

                              (2)

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to:

                                          (a)

                                          professional users;

                                          (b)

                                          surface water and sediment for products used in: (i) food, drink and milk industry sites; (ii) milking parlours; (iii) slaughterhouses and butcheries and (iv) large-scale catering kitchens and canteens;

                                          (c)

                                          soil for products used in: (i) food, drink and milk industry sites; (ii) slaughterhouses and butcheries; and (iii) large-scale catering kitchens and canteens.

                              (3)

                              For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005 shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

                              (4)

                              Products shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of amines, N-C10–16-alkyltrimethylenedi-, reaction products with chloroacetic acid into food or it has been established pursuant to that Regulation that such limits are not necessary.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 89(1) of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

         (2)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

         (3)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


title: Commission Implementing Regulation (EU) No 537/2012 of 22 June 2012 amending Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009, as regards the single area payment scheme for farmers in Poland

text:
               23.6.2012

               EN

               Official Journal of the European Union

               L 164/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 537/2012
   of 22 June 2012
   amending Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009, as regards the single area payment scheme for farmers in Poland
   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(e) thereof,
   Whereas:

               (1)

               Article 124(1) of Regulation (EC) No 73/2009 lays down the rules fixing the agricultural area of the new Member States under the single area payment scheme provided for in Article 122 of that Regulation.

               (2)

               In accordance with Article 89 of Commission Regulation (EC) No 1121/2009 of 29 October 2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof (2), the agricultural area for Poland is set out in Annex VIII to that Regulation.

               (3)

               By letter of 22 March 2012, Poland informed the Commission that it had reviewed its utilised agricultural area eligible for the single area payment scheme, as referred to in Article 124(1) of Regulation (EC) No 73/2009. The revision is a consequence of the experience gained in 2010 and 2011 from the verification of the eligibility conditions for the single area payment under the single area payment scheme, which has shown that the utilised agricultural area maintained in good agricultural condition on 30 June 2003 was less than previously estimated. The agricultural area for the single area payment scheme should therefore be reduced to 14 000 000 ha.

               (4)

               Regulation (EC) No 1121/2009 should therefore be amended accordingly.

               (5)

               The amendment proposed by this Regulation should apply to premium periods starting from 1 January 2012.

               (6)

               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 VIII to Regulation (EC) No 1121/2009, the row concerning Poland is replaced by the following:

                  ‘Poland

                  14 000’

   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 to aid applications relating to premium periods starting from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 June 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

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


title: Commission Implementing Regulation (EU) 2015/2407 of 18 December 2015 renewing the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta) in certain territorial waters of Italy

text:
               19.12.2015

               EN

               Official Journal of the European Union

               L 333/104

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2407
   of 18 December 2015
   renewing the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta) in certain territorial waters of Italy
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), and in particular Article 13(5) thereof,
   Whereas:

               (1)

               Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

               (2)

               At the request of a Member State, the Commission may allow a derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

               (3)

               On 16 March 2010 the Commission received a request from Italy for a derogation from the first subparagraph of Article 13(1) of Regulation(EC) No 1967/2006, for the use of boat seines fishing for transparent goby (Aphia minuta) in the territorial waters of the Geographical Sub-Area 9, as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (2).

               (4)

               The request covered vessels registered in the maritime Directorates of Genoa and Livorno which had a track record in the fishery of more than 5 years and operated under a management plan regulating boat seines fishing for transparent goby (Aphia minuta) in Geographical Sub-Area 9.

               (5)

               The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed in 2010 the derogation requested by Italy and the related draft management plan. Italy adopted the management plan by Decree (3) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

               (6)

               The derogation requested by Italy complied with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006 and was granted until 31 March 2014 by Commission Implementing Regulation (EU) No 988/2011 (4).

               (7)

               On 16 July 2015 the Italian authorities requested the Commission to renew the derogation which expired on 31 March 2014. Italy provided up-to-date information justifying the renewal of the derogation, including details on a reduction of the number of vessels authorised and on some further adjustments to the related management plan.

               (8)

               On 16 July 2015, Italy informed the Commission of its intention to publish the updated management plan shortly.

               (9)

               The derogation requested by Italy complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

               (10)

               There are specific geographical constraints given both the limited size of the continental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths smaller than 50 m. Hence, the fishing grounds are limited.

               (11)

               The derogation requested by Italy affects 117 vessels.

               (12)

               The management plan presented by Italy guarantees no future increase of the fishing effort, as fishing authorisations will be issued to specified 117 vessels, involving a total effort of 5 754,5 kW that are already authorised to fish by Italy.

               (13)

               The request covers vessels with a track record in the fishery of more than five years and which operate under a management plan adopted by Italy in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

               (14)

               Those vessels are included on a list communicated to the Commission in accordance with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

               (15)

               Boat seines fishing is carried out close to the shore in shallow depths. The nature of this type of fishery is such that it cannot be undertaken with any other gears.

               (16)

               Boat seines fishing has no significant impact on protected habitats and is very selective, since the seines are hauled in the water column and do not touch the seabed because collection of material from the seabed would damage the target species and make the selection of the fished species virtually impossible due to their very small size.

               (17)

               The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the Italian management plan explicitly prohibits to fish above protected habitats.

               (18)

               The requirement of Article 8(1)(h) of Regulation (EC) No 1967/2006 is not applicable since it concerns trawlers.

               (19)

               As regards the requirement to comply with Article 9(3) of Regulation (EC) No 1967/2006 establishing the minimum mesh size, the Commission notes that given the fishing activities concerned are highly selective, have a negligible effect on the marine environment and are not carried out above protected habitats, Italy authorised in line with Article 9(7) of Regulation (EC) No 1967/2006 a derogation from these provisions in its management plan.

               (20)

               The fishing activities concerned fulfil the recording requirements laid down in Article 14 of Council Regulation (EC) No 1224/2009 (5).

               (21)

               The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets.

               (22)

               The activity of the boat seines is regulated in the Italian management plan to ensure that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal. Moreover, according to paragraph 5.1.2(a) of the Italian management plan, the fishing for Aphia minuta is limited to a fishing season from 1 November to 31 March each year.

               (23)

               Boat seines do not target cephalopods.

               (24)

               The Italian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006.

               (25)

               Italy should report to the Commission in due time and in accordance with the monitoring plan provided for in the Italian management plan.

               (26)

               A limitation in duration of the derogation will allow for prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan.

               (27)

               Accordingly, the derogation should apply until 31 March 2018.

               (28)

               The requested extension of the derogation should therefore be granted.

               (29)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Derogation
   Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of Italy adjacent to the coast of Liguria and Tuscany, to fishing for transparent goby (Aphia minuta) by boat seines which are used by vessels:

               (a)

               registered in the maritime Directorates (Direzioni Marittime) of Genoa and Livorno respectively;

               (b)

               having a track record in the fishery of more than five years and not involving any future increase in the fishing effort deployed; and

               (c)

               holding a fishing authorisation and operating under the management plan adopted by Italy in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

         Article 2
   Monitoring plan and report
   Italy shall communicate to the Commission, within one year following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1(c).
   Article 3
   Entry into force and period of application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply until 31 March 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 409, 30.12.2006, corrected version in OJ L 36, 8.2.2007, p. 6.

      (2)  Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).

      (3)  Gazzetta Ufficiale della Repubblica Italiana 192, 19.8.2011, supplemento ordinario n. 192.

      (4)  Commission Implementing Regulation (EU) No 988/2011 of 4 October 2011 establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta) in certain territorial waters of Italy (OJ L 260, 5.10.2011, p. 15).

      (5)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).