title: Commission Implementing Regulation (EU) 2019/1248 of 22 July 2019 establishing measures to alleviate a serious threat to the conservation of the eastern Baltic cod (Gadus morhua) stock

text:
                  23.7.2019

                  EN

                  Official Journal of the European Union

                  L 195/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1248
         of 22 July 2019
         establishing measures to alleviate a serious threat to the conservation of the eastern Baltic cod (Gadus morhua) stock
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 12(1) thereof,
         Whereas:

                     (1)

                     Article 12 of Regulation (EU) No 1380/2013 provides that the Commission may adopt emergency measures on duly justified imperative grounds of urgency relating to a serious threat to the conservation of marine biological resources. The Commission, at the reasoned request of a Member State or on its own initiative, may, in order to alleviate that threat, adopt such emergency measures in the form of immediately applicable implementing acts applicable for a maximum period of six months.

                     (2)

                     Moreover, paragraph 2 of Article 5 of Regulation (EU) 2016/1139 of the European Parliament and of the Council (2) provides that remedial measures are to be taken when scientific advice indicates that the spawning stock biomass of a fish stock covered by that Regulation is below the reference point below which there may be reduced reproductive capacity. Those remedial measures are to ensure the rapid return of the concerned stock to levels above those capable of producing maximum sustainable yield (MSY).

                     (3)

                     According to scientific advice from the International Council for the Exploration of the Sea (ICES), the eastern Baltic cod (Gadus morhua) stock suffers from an unsustainably low biomass due to a combination of declining recruitment, environmental factors and changes in the ecosystem leading to a high natural mortality and an excessive fishing mortality given the status of the stock. The stock is distressed and is expected to have reduced reproductive potential. Recruitment in 2017 was at the lowest point in the ICES time series, and recruitment in 2018 may have been even lower. The spawning stock biomass is at one of the lowest historically observed levels and the biomass of commercial sized cod is presently at the lowest level observed since the 1950s. Moreover, ICES estimates that the biomass will remain below the sustainability reference point in the mid-term even with no fishing at all. In its stock advice for 2020 ICES therefore advises zero catches.

                     (4)

                     The conservation of the eastern Baltic cod stock is seriously threatened because of the risk of a serious harm to the reproductive capacity of that stock caused by the steep decline of the spawning stock biomass. Moreover, ICES considers that fishing at any level will target the remaining few commercial sized cod, and therefore further deteriorate the stock structure and reduce its reproductive potential, which is already at a historic low. Furthermore, the peak spawning season of eastern Baltic cod stretches from May until August. There are therefore duly justified imperative grounds of urgency for adopting emergency measures because, firstly, the biomass of eastern Baltic cod is at such a dangerously low level that the stock is no longer able to replenish itself and is hence threatened with collapse, secondly, any continued fishing on that stock increases the risk of a its collapse, and, thirdly, the peak spawning season is ongoing.

                     (5)

                     Emergency measures taken by Member States pursuant to Article 13 of Regulation (EU) No 1380/2013 would not be sufficient to address the situation as they would not ensure a uniform approach in all areas where the stock occurs. Moreover, at this stage, not all Member States have adopted or are intending to adopt such measures. Finally, at a meeting of the Group of Baltic Sea Member States (BaltFish) on 4 June 2019 Member States were not in a position to agree on a common approach.

                     (6)

                     In the absence of sufficient Member States' measures and in view of the urgency to act in order to avoid a further deterioration of the stock structure and a reduction of its reproductive potential, it is appropriate to provide for remedial measures at the Union level on the basis of Article 12 of Regulation (EU) No 1380/2013.

                     (7)

                     The management area of eastern Baltic cod comprises ICES subdivisions 25 - 32. In ICES subdivision 24 both cod from the eastern Baltic stock and cod from the western Baltic stock occur, but most of the catches are taken from the eastern Baltic stock. In order to provide adequate protection of the eastern Baltic stock and to avoid a concentration of catches of cod from the eastern Baltic stock in ICES subdivision 24, it is essential that the emergency measures cover ICES subdivision 24.

                     (8)

                     In the light of scientific advice, it is appropriate to prohibit fishing for the eastern Baltic cod stock until year-end. The measure, however, also needs to be proportionate to its objective.

                     (9)

                     According to ICES cod abundance and catches are very low in ICES subdivisions 27-32. As the implementation of the measures of this Regulation puts a non-negligible burden on the administration and on fishermen it would be disproportionate to include the areas where eastern Baltic cod hardly occurs in the scope of this Regulation.

                     (10)

                     Furthermore, in subdivision 24 it is appropriate to exempt from the prohibition fishing for cod up to six nautical miles from shore in areas where the water depth is less than 20 meters by vessels of less than 12 meters length which use passive gears because it is mostly western Baltic cod which occurs in the shallow coastal areas of subdivision 24.

                     (11)

                     Moreover, in view of the potentially severe socioeconomic implications of a total fishing stop, it is appropriate to target directed cod fisheries such as the directed demersal trawler fisheries, which account for the vast majority of cod from the eastern Baltic stock in subdivisions 24, 25 and 26. Conversely, it is appropriate to exempt from the prohibition the unavoidable by-catches of those fishing activities not directed to cod which are carried out either with active gears with a mesh size not exceeding 45 mm in subdivisions 24, 25 and 26, or by vessels of less than 12 meters length fishing with passive gears in subdivisions 25-26, or in subdivision 24 up to six nautical miles from shore in areas where the water depth is more than 20 meters and, irrespective of the water depth, beyond six nautical miles from shore, in view of the limited part played by those fishing activities in the overall levels of cod catches and taking into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time. ICES estimates that the former account for around 1,5 % of total annual eastern Baltic cod landings. The amount of by-catch landed by the latter is low but as the precise quantity is unknown the by-catch should be limited to 10 % of the landings of each fishing trip.

                     (12)

                     The number of vessels of less than 12 meters length using passive gears and catching cod as by-catch should not increase as compared to the period from 1 January 2018 to 30 June 2019. As Union vessels fishing with trawls, Danish seines or similar gear of a mesh size of no more than 45 mm cannot target cod, it is not necessary to limit the number of these vessels.

                     (13)

                     The measures provided for in this Regulation will be submitted to the Committee for Fisheries and Aquaculture in order to obtain its opinion.

                     (14)

                     For reasons of urgency, this Regulation should enter into force immediately after its publication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter
            This Regulation sets emergency measures to alleviate a serious threat to the eastern Baltic cod (Gadus morhua) stock.

            Article 2
            Emergency measures

               1.   It shall be prohibited for Union fishing vessels to fish for cod in ICES subdivisions 24, 25 and 26, and to retain on board, transfer, tranship, process on board or land cod and fisheries products from cod caught in that area.

               2.   By way of derogation from paragraph 1, the prohibition to fish for cod shall not apply to Union fishing vessels of less than 12 meters length overall fishing with gillnets, entangling nets or trammel nets, or with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or similar passive gear in subdivision 24 up to six nautical miles measured from the baselines in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart issued by the competent national authorities.

               3.   The vessels referred to in paragraph 2 shall ensure that their fishing activity can be monitored at any time. Catches of cod by those vessels shall be recorded, landed and counted against the relevant quota in accordance with Article 15 of Regulation (EU) No 1380/2013.

               4.   By way of derogation from paragraph 1, the following Union fishing vessels shall bring and retain on board any by-catches of cod:

                           (a)

                           Union vessels fishing with trawls, Danish seines or similar gear of a mesh size not exceeding 45 mm in subdivisions 24, 25 and 26;

                           (b)

                           Union fishing vessels of less than 12 meters length overall fishing with gillnets, entangling nets or trammel nets, or with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or similar passive gear:

                                       (i)

                                       in subdivisions 25-26; or

                                       (ii)

                                       in subdivision 24, up to six nautical miles measured from the baselines in areas where the water depth is more than 20 meters according to the coordinates on the official sea chart issued by the competent national authorities, and, irrespective of the water depth, beyond six nautical miles measured from the baselines.

               5.   The vessels referred to in paragraph 4(b) shall ensure that their fishing activity can be monitored at any time. The incidental by-catches of cod made by those vessels shall not represent more than 10 % of total catch live weight of all marine biological resources landed after each fishing trip.

               6.   The derogation set out in paragraph 4(b) shall only apply to Union fishing vessels that have recorded catches of cod over the period from 1 January 2018 to 30 June 2019. In the case of a replacement of a Union fishing vessel covered by that derogation, Member States may allow the derogation to apply to another Union fishing vessel meeting the requirements set out in paragraph 4(b) provided that the number of Union fishing vessels covered by the derogation and their overall fishing capacity do not increase.

               7.   By-catches referred to in paragraph 4 shall be recorded, landed and counted against the relevant quota in accordance with Article 15 of Regulation (EU) No 1380/2013.

            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 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 22 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 354, 28.12.2013, p. 22.

            (2)  Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for certain fish stocks in the Baltic Sea (OJ L 191, 15.7.2016, p. 1).


title: Commission Implementing Regulation (EU) 2019/1249 of 22 July 2019 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance.)

text:
                  23.7.2019

                  EN

                  Official Journal of the European Union

                  L 195/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1249
         of 22 July 2019
         amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
         (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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at a designated point of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.

                     (2)

                     Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.

                     (3)

                     The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council (3), information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should be amended.

                     (4)

                     In particular, for consignments of jackfruit (Artocarpus heterophyllus) from Malaysia, the data resulting from notifications received through the Rapid Alert System for Food and Feed and information regarding official controls performed by Member States indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for groundnuts (peanuts) from the United States of America, data resulting from notifications received through the Rapid Alert System for Food and Feed indicates risks to human health due to possible aflatoxins contamination, requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

                     (5)

                     Commission Regulation (EC) No 1881/2006 (4) establishes a maximum level for hydrocyanic acid (cyanide) in unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer. In addition, Commission Regulation (EU) 2017/1237 (5) provides that the operator who places unprocessed whole, ground, milled, cracked, chopped apricot kernels on the market for the final consumer is to provide upon request from the competent authority evidence of compliance of the marketed product with the maximum level. For consignments of unprocessed apricot kernels from Turkey intended to be placed on the market for the final consumer, data resulting from notifications received through the Rapid Alert System for Food and Feed indicates the emergence of new risks to human health due to the presence of hydrocyanic acid (cyanide), requiring the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list.

                     (6)

                     Moreover, due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009, it is appropriate to increase the frequency of identity and physical checks on tea and goji berries from China and peppers and yardlong beans from the Dominican Republic. Entries concerning those consignments should therefore be amended accordingly.

                     (7)

                     In addition, the list should be amended by decreasing the frequency of identity and physical checks on apricots from Turkey due to the low frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009. Entries concerning those consignments should therefore be amended accordingly.

                     (8)

                     The existing entry concerning goji berries from China in the list requires the competent authorities to test this commodity for specific pesticides which do not include nicotine. Frequent detections of nicotine in goji berries from China have been reported. It is therefore appropriate to amend the existing entry concerning goji berries from China in Annex I to Regulation (EC) No 669/2009 to require competent authorities to test this commodity for nicotine.

                     (9)

                     Turnips (Brassica rapa spp. Rapa) from Lebanon and from Syria prepared or preserved by brine or citric acid present the same risk as the forms of that commodity from Lebanon and from Syria currently listed. The list should therefore be amended to include turnips prepared or preserved by brine or citric acid from Lebanon and from Syria.

                     (10)

                     In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 in its entirety.

                     (11)

                     Regulation (EC) No 669/2009 should therefore be amended accordingly.

                     (12)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 669/2009 is replaced by the text set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the third 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, 22 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 165, 30.4.2004, p. 1.

            (2)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

            (3)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

            (4)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

            (5)  Commission Regulation (EU) 2017/1237 of 7 July 2017 amending Regulation (EC) No 1881/2006 as regards a maximum level of hydrocyanic acid in unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer (OJ L 177, 8.7.2017, p. 36).

            ANNEX

                     ‘ANNEX I

                        Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                                 Feed and food
                                 (intended use)

                                 CN code (1)

                                 TARIC sub-division

                                 Country of origin

                                 Hazard

                                 Frequency of physical and identity checks (%)

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Bolivia (BO)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                             —

                                             Black pepper (Piper)

                                       (Food – neither crushed nor ground)

                                 ex 0904 11 00

                                    10

                                    Brazil (BR)

                                    Salmonella
                                     (2)

                                 20

                                 Goji berries (wolfberries) (Lycium barbarum L.)

                                       (Food - fresh, chilled or dried)

                                 ex 0813 40 95 ;
                                 ex 0810 90 75

                                    10

                                    10

                                    China (CN)

                                 Pesticide residues (3)
                                     (4)
                                     (5)

                                 20

                                 Sweet peppers (Capsicum annuum)

                                       (Food – crushed or ground)

                                 ex 0904 22 00

                                    11

                                    China (CN)

                                    Salmonella
                                     (2)

                                 20

                                 Tea, whether or not flavoured

                                       (Food)

                                 0902

                                    China (CN)

                                 Pesticide residues (3)
                                     (6)

                                 20

                                 Aubergines (Solanum melongena)

                                       (Food – fresh or chilled)

                                 0709 30 00

                                    Dominican Republic (DO)

                                 Pesticide residues (3)

                                 20

                                             —

                                             Sweet peppers (Capsicum annuum)

                                             —

                                             0709 60 10 ;
                                             0710 80 51

                                    Dominican Republic (DO)

                                 Pesticide residues (3)
                                     (7)

                                 50

                                             —

                                             Peppers (other than sweet) (Capsicum spp.)

                                             —

                                             ex 0709 60 99 ;
                                             ex 0710 80 59

                                    20

                                    20

                                             —

                                             Yardlong beans
                                             (Vigna unguiculata ssp. sesquipedalis, vigna unguiculata ssp. unguiculata)

                                       (Food - fresh, chilled or frozen)

                                             —

                                             ex 0708 20 00 ;
                                             ex 0710 22 00

                                    10

                                    10

                                             —

                                             Sweet peppers (Capsicum annuum)

                                             —

                                             0709 60 10 ;
                                             0710 80 51

                                    Egypt (EG)

                                 Pesticide residues (3)
                                     (8)

                                 20

                                             —

                                             Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                             —

                                             ex 0709 60 99 ;
                                             ex 0710 80 59

                                    20

                                    20

                                 Sesamum seeds

                                       (Food - fresh or chilled)

                                 1207 40 90

                                    Ethiopia (ET)

                                    Salmonella
                                     (2)

                                 50

                                             —

                                             Hazelnuts, in shell

                                             —

                                          0802 21 00

                                    Georgia (GE)

                                 Aflatoxins

                                 50

                                             —

                                             Hazelnuts, shelled

                                             —

                                          0802 22 00

                                             —

                                             Flour, meal and powder of hazelnuts

                                             —

                                          ex 1106 30 90

                                    40

                                             —

                                             Hazelnuts, otherwise prepared or preserved

                                       (Food)

                                             —

                                             ex 2008 19 19 ;
                                             ex 2008 19 95 ;
                                             ex 2008 19 99

                                    30

                                    20

                                    30

                                 Palm oil

                                       (Food)

                                 1511 10 90 ;
                                 1511 90 11 ;

                                    Ghana (GH)

                                 Sudan dyes (9)

                                 50

                                 ex 1511 90 19 ;

                                    90

                                 1511 90 99

                                 Okra

                                       (Food – fresh, chilled or frozen)

                                 ex 0709 99 90 ;
                                 ex 0710 80 95

                                    20

                                    30

                                    India (IN)

                                 Pesticide residues (3)
                                     (10)

                                 10

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    India (IN)

                                 Pesticide residues (3)
                                     (11)

                                 20

                                 Beans (Vigna spp., Phaseolus spp.)

                                       (Food – fresh or chilled)

                                 0708 20

                                    Kenya (KE)

                                 Pesticide residues (3)

                                 5

                                 Chinese celery (Apium graveolens)

                                       (Food - fresh or chilled herb)

                                 ex 0709 40 00

                                    20

                                    Cambodia (KH)

                                 Pesticide residues (3)
                                     (12)

                                 50

                                 Yardlong beans
                                 (Vigna unguiculata ssp. sesquipedalis, vigna unguiculata ssp. unguiculata)

                                       (Food - fresh, chilled or frozen vegetables)

                                 ex 0708 20 00 ;
                                 ex 0710 22 00

                                    10

                                    10

                                    Cambodia (KH)

                                 Pesticide residues (3)
                                     (13)

                                 50

                                 Turnips (Brassica rapa ssp. rapa)

                                       (Food — prepared or preserved by vinegar or acetic acid)

                                 ex 2001 90 97 ;

                                    11 ; 19

                                    Lebanon (LB)

                                 Rhodamine B

                                 50

                                 Turnips (Brassica rapa ssp. rapa)

                                       (Food — prepared or preserved by brine or citric acid, not frozen)

                                 ex 2005 99 80

                                    93

                                    Lebanon (LB)

                                 Rhodamine B

                                 50

                                 Peppers (sweet or other than sweet) (Capsicum spp.)

                                       (Food - dried, roasted, crushed or ground)

                                 0904 21 10 ;

                                    Sri Lanka (LK)

                                 Aflatoxins

                                 50

                                 ex 0904 21 90 ;

                                    20

                                 ex 0904 22 00 ;

                                    11 ; 19

                                 ex 2008 99 99

                                    79

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Madagascar (MG)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Jackfruit (Artocarpus heterophyllus)

                                       (Food – fresh)

                                 ex 0810 90 20

                                    20

                                    Malaysia (MY)

                                 Pesticide residues (3)

                                 20

                                 Sesamum seeds

                                       (Food - fresh or chilled)

                                 1207 40 90

                                    Nigeria (NG)

                                    Salmonella
                                     (2)

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Pakistan (PK)

                                 Pesticide residues (3)

                                 20

                                 Raspberries

                                       (Food - frozen)

                                 ex 0811 20 11 ;
                                 ex 0811 20 19 ;
                                 0811 20 31

                                    10

                                    10

                                    Serbia (RS)

                                 Norovirus

                                 10

                                 Sesamum seeds

                                       (Food - fresh or chilled)

                                 1207 40 90

                                    Sudan (SD)

                                    Salmonella
                                     (2)

                                 50

                                 Watermelon (Egusi, Citrullus spp.) seeds and derived products

                                       (Food)

                                 ex 1207 70 00 ;
                                 ex 1208 90 00 ;
                                 ex 2008 99 99

                                    10

                                    10

                                    50

                                    Sierra Leone (SL)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Senegal (SN)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Turnips (Brassica rapa ssp. rapa)

                                       (Food — prepared or preserved by vinegar or acetic acid)

                                 ex 2001 90 97 ;

                                    11 ; 19

                                    Syria (SY)

                                 Rhodamine B

                                 50

                                 Turnips (Brassica rapa spp. rapa)

                                       (Food — prepared or preserved by brine or citric acid, not frozen)

                                 ex 2005 99 80

                                    93

                                    Syria (SY)

                                 Rhodamine B

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Thailand (TH)

                                 Pesticide residues (3)
                                     (14)

                                 10

                                             —

                                             Dried apricots

                                             —

                                          0813 10 00

                                    Turkey (TR)

                                 Sulphites (16)

                                 10

                                             —

                                             Apricots, otherwise prepared or preserved (15)

                                       (Food)

                                             —

                                          2008 50 61

                                 Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)

                                       (Food)

                                 0806 20

                                    Turkey (TR)

                                 Ochratoxin A

                                 5

                                 Lemons (Citrus limon, Citrus limonum)

                                       (Food – fresh, chilled or dried)

                                 0805 50 10

                                    Turkey (TR)

                                 Pesticide residues (3)

                                 10

                                 Pomegranates

                                       (Food - fresh or chilled)

                                 ex 0810 90 75

                                    30

                                    Turkey (TR)

                                 Pesticide residues (3)
                                     (17)

                                 10

                                 Sweet Peppers (Capsicum annuum)

                                       (Food - fresh, chilled or frozen)

                                 0709 60 10 ;
                                 0710 80 51

                                    Turkey (TR)

                                 Pesticide residues (3)
                                     (18)

                                 10

                                 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (19)
                                     (20)

                                       (Food)

                                 ex 1212 99 95

                                    20

                                    Turkey (TR)

                                 Cyanide

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                 ex 0709 60 99
                                 ex 0710 80 59

                                    20

                                    20

                                    Uganda (UG)

                                 Pesticide residues (3)

                                 20

                                 Sesamum seeds

                                       (Food - fresh or chilled)

                                 1207 40 90

                                    Uganda (UG)

                                    Salmonella
                                     (2)

                                 50

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    United States (US)

                                 Aflatoxins

                                 10

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                             —

                                             Pistachios, in shell

                                             —

                                          0802 51 00

                                    United States (US)

                                 Aflatoxins

                                 10

                                             —

                                             Pistachios, shelled

                                             —

                                          0802 52 00

                                             —

                                             Pistachios, roasted

                                       (Food)

                                             —

                                             ex 2008 19 13 ;
                                             ex 2008 19 93

                                    20

                                    20

                                             —

                                             Dried apricots

                                             —

                                          0813 10 00

                                    Uzbekistan (UZ)

                                 Sulphites (16)

                                 50

                                             —

                                             Apricots, otherwise prepared or preserved (15)

                                       (Food)

                                             —

                                          2008 50 61

                                             —

                                             Coriander leaves

                                             —

                                          ex 0709 99 90

                                    72

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (21)

                                 50

                                             —

                                             Basil (holy, sweet)

                                             —

                                          ex 1211 90 86

                                    20

                                             —

                                             Mint

                                             —

                                          ex 1211 90 86

                                    30

                                             —

                                             Parsley

                                       (Food - fresh or chilled herbs)

                                             —

                                          ex 0709 99 90

                                    40

                                 Okra

                                       (Food – fresh, chilled or frozen)

                                 ex 0709 99 90
                                 ex 0710 80 95

                                    20

                                    30

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (21)

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (21)

                                 50

               ’

               (1)  Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

               (2)  Reference method EN ISO 6579-1 or a method validated against it in accordance with the protocol set out in EN ISO 16140-2.

               (3)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of 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) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

               (4)  Residues of Amitraz.

               (5)  Residues of Nicotine.

               (6)  Residues of Tolfenpyrad.

               (7)  Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb).

               (8)  Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

               (9)  For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).

               (10)  Residues of Diafenthiuron.

               (11)  Residues of Carbofuran.

               (12)  Residues of Phenthoate.

               (13)  Residues of Chlorbufam.

               (14)  Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

               (15)  Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, in accordance with Article 9 (2) of this Regulation.

               (16)  Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

               (17)  Residues of Prochloraz.

               (18)  Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

               (19)  “Unprocessed products” as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

               (20)  “Placing on the market” and “final consumer” as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

               (21)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.


title: Commission Implementing Regulation (EU) 2019/1250 of 22 July 2019 making certain imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India subject to registration following the re-opening of the investigation in order to implement the judgments of 10 April 2019, in cases T-300/16 and T-301/16, with regard to Implementing Regulations (EU) 2016/387 and (EU) 2016/388 imposing a definitive countervailing duty and a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India

text:
                  23.7.2019

                  EN

                  Official Journal of the European Union

                  L 195/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1250
         of 22 July 2019
         making certain imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India subject to registration following the re-opening of the investigation in order to implement the judgments of 10 April 2019, in cases T-300/16 and T-301/16, with regard to Implementing Regulations (EU) 2016/387 and (EU) 2016/388 imposing a definitive countervailing duty and a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14 thereof,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), and in particular Article 24 thereof,
         Whereas:
         1.   PROCEDURE

                     (1)

                     On 18 September 2015 the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the Union of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (‘the country concerned’) by Commission Implementing Regulation (EU) 2015/1559 (3) (‘the provisional Regulation’).

                     (2)

                     On 17 March 2016, the Commission adopted Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (4) (‘the product concerned’), as amended by Commission Implementing Regulation (EU) 2016/1369 (5) (‘the anti-dumping Regulation at issue’).

                     (3)

                     On the same date, the Commission adopted Implementing Regulation (EU) 2016/387 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (6) (‘the anti-subsidy Regulation at issue’).

                     (4)

                     Jindal Saw Limited (the exporting producer) and Jindal Saw Italia SpA (its related importer) (together ‘the applicants’) challenged the anti-dumping and anti-subsidy Regulations at issue in the General Court (‘the General Court’). On 10 April 2019 the General Court issued its judgements in cases T-300/16 (7) and T-301/16 (8) regarding the anti-subsidy and anti-dumping Regulations respectively.

                     (5)

                     In case T-300/16 the General Court found that in the anti-subsidy Regulation at issue the calculation of the amount of benefit resulting from the target export restrictions found in place with respect to iron ore, as regards Jindal Saw Limited (‘Jindal Saw’), was in breach of Article 6(d) of Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (‘the basic anti-subsidy Regulation’). In particular, the General Court held that the transport costs actually incurred by Jindal Saw from the mine to its plant in India were higher than those which were taken into account by the Commission, as an average, and included in the calculation of the average purchase price for iron ore in India. In the General Court's view, such difference in transportation costs means that the price at which Jindal Saw sourced iron ore on the Indian market was, in fact, higher than the average purchase price accepted by the Commission to determine the level of remuneration, which had an inevitable impact on the benefit that could be granted to that exporting producer. Accordingly, the Court found that the Commission infringed Article 3(2) and Article 6(d) of the basic anti-subsidy Regulation, in that the Commission wrongly selected at random certain items in the delivery costs of Jindal Saw for the calculation of the standard average transport cost, and the third subparagraph of Article 15(1) of the basic anti-subsidy Regulation, in that the Commission fixed the countervailing duty at a level higher than the countervailable subsidies.

                     (6)

                     In both cases T-300/16 and T-301/16 the General Court also made findings with respect to the undercutting calculations carried out by the Commission in the anti-subsidy and anti-dumping Regulations at issue. In particular, the General Court found that, since the Commission used the prices of sales made by the selling entities linked to the main Union producer in order to determine the price of the like product of the Union industry while not taking into account the prices of sales of Jindal Saw's selling entities to determine the price of the product concerned produced by Jindal Saw, it cannot be considered that the undercutting calculation was made by comparing prices at the same level of trade. According to the General Court, the error made by the Commission in calculating the price undercutting of the product concerned for Jindal Saw's products had the effect of taking into account undercutting of that price, the importance or even existence of which had not been properly established.

                     (7)

                     As a result, the General Court found that the Commission infringed respectively Article 8(1) of the basic anti-subsidy Regulation and Article 3(1) of Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union (‘basic anti-dumping Regulation’). Since the undercutting as calculated in the anti-subsidy and anti-dumping Regulations at issue was the basis for the conclusion that imports of the product concerned were at the root of the injury to the Union industry, the General Court found that the existence of a causal link between the subsidised and dumped imports and the injury to the Union industry as a necessary condition for the imposition of a countervailing duty in accordance with Article 1(1) and Article 8(5) of the basic anti-subsidy Regulation and of an anti-dumping duty in accordance with Article 1(1) and Article 3(6) of the basic anti-dumping Regulation, could have been tainted as well.

                     (8)

                     Moreover, the General Court found that it could not be excluded that, if the price undercutting had been calculated correctly, the injury margin of the Union industry would have been established at a level below that of the subsidy rate and the dumping margin respectively. In that case, in accordance with the third subparagraph of Article 15(1) of the basic anti-subsidy Regulation, the amount of the countervailing duty should be reduced to a rate which would be sufficient to remove that injury. Similarly, in accordance with Article 9(4) of the basic anti-dumping Regulation, the amount of the anti-dumping duty should be reduced to a rate which would be sufficient to remove that injury.

                     (9)

                     As a consequence of those judgments, the anti-dumping and countervailing measures imposed by the anti-dumping and anti-subsidy Regulations at issue in so far as they concern Jindal Saw Limited are not collected, subject to the results of the re-examination, which is unknown at this stage.

                     (10)

                     Following the General Court's judgments, the Commission decided by means of a Notice (9) (‘the reopening Notice’), to partially reopen the anti-subsidy and anti-dumping investigations concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), that led to the adoption of the anti-subsidy and anti-dumping Regulations at issue and to resume them at the point at which the irregularity occurred. The reopening is limited in scope to the implementation of the judgments of the General Court with regard to Jindal Saw Limited.

               2.   GROUNDS FOR REGISTRATION

                     (11)

                     The Commission analysed whether it is appropriate to make the imports of the product concerned subject to registration. In that context, the Commission took the following considerations into account.

                     (12)

                     Article 266 TFEU provides that the Institutions must take the necessary measures to comply with the Courts' judgments. In case of annulment of an act adopted by the Institutions in the context of an administrative procedure, such as anti-dumping or anti-subsidy investigations, compliance with the Court's judgement consists in the replacement of the annulled act by a new act, in which the illegality identified by the Court is eliminated (10).

                     (13)

                     According to the case-law of the Court of Justice, the procedure for replacing the annulled act may be resumed at the very point at which the illegality occurred (11). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the procedure. In a situation where a Regulation imposing definitive trade defence measures is annulled, that means that, subsequent to the annulment, the proceeding is still open, because the act concluding the proceeding has disappeared from the Union legal order (12), except if the illegality occurred at the stage of initiation.

                     (14)

                     As explained in the reopening Notice, and since the illegality did not occur at the stage of initiation but at the stage of the investigation, the Commission decided to reopen the anti-subsidy and the anti-dumping investigations in so far as they concern Jindal Saw Limited, and resumed them at the point at which the irregularity occurred, that is in the context of the original determination relating to the period from 1 October 2013 to 30 September 2014.

                     (15)

                     According to the case-law of the Court of Justice, the resumption of the administrative procedure and the eventual reimposition of duties cannot be seen as contrary to the rule of non-retroactivity (13). The reopening Notice informs interested parties, including importers, that any future liability, if warranted, would emanate from the findings of the re-examination.

                     (16)

                     Based on the outcome of the reopened investigations, which is unknown at this stage, the Commission will adopt Regulations correcting the mistakes identified by the Court and re-imposing, where warranted, the applicable duty rates. Those newly established rates, if any, will take effect as from the date on which the anti-subsidy and anti-dumping Regulations at issue entered into force.

                     (17)

                     In relation to past or future liability for anti-dumping or anti-subsidy duties, the following should be noted.

                     (18)

                     In the reopening Notice, and since the amount of liability resulting from the re-examination is uncertain, the Commission requested national customs authorities to await the outcome of the re-examination before deciding on any repayment claim concerning the anti-dumping and/or countervailing duties annulled by the General Court with respect to Jindal Saw Limited Customs authorities are thus directed to put on hold any claims for reimbursements of the annulled duties until the outcome of the re-examination is published in the Official Journal.

                     (19)

                     Furthermore, should the re-opening investigations lead to the re-imposition of countervailing and anti-dumping duties, those duties also need to be collected for the period during which the re-opening investigations are carried out. This is considered essential to ensure the effective application of the legally warranted measures during the lifetime of such measures, without any difference based on the time at which imports are taking place, i.e. before or after the reopening of the investigations.

                     (20)

                     In this respect, the Commission notes that registration is a tool provided in Articles 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation so that measures may subsequently be applied against imports from the date of the registration. This is the case, for instance, of securing the payment in the event of retroactive application of duties or in anti-circumvention cases. In the present case, the Commission deems it appropriate to register imports concerning Jindal Saw Limited with a view to facilitating the collection of anti-dumping and countervailing duties after the re-opening of the investigations, if warranted.

                     (21)

                     In line with the jurisprudence of the Court of Justice (14), it is noted that, contrary to registration taking place during the period before the adoption of provisional measures, the conditions of Article 10(4) of the basic anti-dumping Regulation and Article 16(4) of the basic anti-subsidy Regulation are not applicable to the case at hand. Indeed, the purpose of registration in the context of Court implementation investigations is not to allow the possible retroactive collection of trade defence measures as envisaged in those provisions. Rather, the reasons for registration are that, as recalled above, in order to ensure the effectiveness of the measures it is appropriate to ensure, to the extent possible, that imports are subject to the correct anti-dumping and anti-subsidy liability without undue interruption from the date of entry into force of the anti-dumping and anti-subsidy regulations at issue until the re-imposition of the corrected duties, if any.

                     (22)

                     In light of the above considerations, the Commission considered that there are grounds for registration pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation.

               3.   REGISTRATION

                     (23)

                     Pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation, imports of the product concerned produced by Jindal Saw under TARIC additional code C054 shall be made subject to registration in order to ensure that, should the investigations result in re-imposing the measures, anti-dumping duties and countervailing duties of an appropriate amount can be levied on such imports.

                     (24)

                     As indicated in the reopening Notice, the final liability for payment of anti-dumping and countervailing duties, if any, from the date of entry into force of the anti-dumping and anti-subsidy regulations at issue will emanate from the findings of the re-examination. However, no duties higher than the duties established in the anti-subsidy and anti-dumping regulations at issue shall be collected for the period between 21 June 2019 and the date of entry into force of the results of the reopening investigations. The current countervailing duty applicable to Jindal Saw Limited is 8,7 % and the current anti-dumping duty applicable to the same company is 14,1 %,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The Customs authorities shall, pursuant to Article 14(5) of Regulation (EU) 2016/1036 and Article 24(5) of Regulation (EU) 2016/1037, take the appropriate steps to register the imports into the Union of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), currently falling under CN codes ex 7303 00 10 and ex 7303 00 90 (TARIC codes 7303001010, 7303009010), originating in India, produced by Jindal Saw Limited (TARIC additional code C054).

               2.   Registration shall expire nine months following the date of entry into force of this Regulation.

               3.   The rates of the anti-dumping and countervailing duties that can be collected on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), currently falling within CN codes ex 7303 00 10 and ex 7303 00 90 (TARIC codes 7303001010, 7303009010), originating in India, produced by Jindal Saw Limited (TARIC additional code C054) between the re-opening of the investigations and the date of entry into force of the results of the reopening investigations shall not exceed those imposed by Implementing Regulations (EU) 2016/387 and (EU) 2016/388.

               4.   The national customs authorities shall await the publication of the relevant Commission Implementing Regulation re-imposing the duties before deciding on the claim for repayment and remission of anti-dumping and/or countervailing duties insofar as imports concerning Jindal Saw Limited are concerned.

            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, 22 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21, as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council on 7 June 2018.

            (2)  OJ L 176, 30.6.2016, p. 55, as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council on 7 June 2018.

            (3)  Commission Implementing Regulation (EU) 2015/1559 of 18 September 2015 imposing a provisional anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India (OJ L 244, 19.9.2015, p. 25).

            (4)  OJ L 73, 18.3.2016, p. 53.

            (5)  Commission Implementing Regulation (EU) 2016/1369 of 11 August 2016 amending Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 217, 12.8.2016, p. 4).

            (6)  OJ L 73, 18.3.2016, p. 1.

            (7)  ECLI:EU:T:2019:235.

            (8)  ECLI:EU:T:2019:234.

            (9)  OJ C 209, 20.6.2019, p. 35.

            (10)  Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28.

            (11)  Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.

            (12)  Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28. Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.

            (13)  Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, Judgment of the Court of 15 March 2018, paragraph 79 and C & J Clark International Ltd v Commissioners for Her Majesty's Revenue & Customs, judgment of 19 June 2019, paragraph 58.

            (14)  Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, paragraph 79 and Case C-612/16, C & J Clark International Ltd v Commissioners for Her Majesty's Revenue & Customs, judgment of 19 June 2019, paragraph 58.


title: Council Implementing Regulation (EU) 2019/1292 of 31 July 2019 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
                  2.8.2019

                  EN

                  Official Journal of the European Union

                  L 204/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/1292
         of 31 July 2019
         implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (1), and in particular Article 21(2) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 January 2016 the Council adopted Regulation (EU) 2016/44.

                     (2)

                     In accordance with Article 21(6) of Regulation (EU) 2016/44, the Council has reviewed the list of designated persons and entities set out in Annex III to that Regulation.

                     (3)

                     The entries for two persons should be removed from the list of persons and entities set out in Annex III to Regulation (EU) 2016/44.

                     (4)

                     Annex III to Regulation (EU) 2016/44 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EU) 2016/44 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, 31 July 2019.

                  For the Council

                  The President

               T. TUPPURAINEN

            (1)  OJ L 12, 19.1.2016, p. 1.

            ANNEX
            In Annex III (List of natural and legal persons, entities or bodies referred to in Article 6(2)) to Regulation (EU) 2016/44, entries 1 (concerning ABDUSSALAM, Abdussalam Mohammed) and 14 (concerning AL-BAGHDADI, Dr Abdulqader Mohammed) are deleted from the list set out in Part A (Persons) and the remaining entries are renumbered accordingly.