title: Commission Implementing Regulation (EU) 2021/1977 of 12 November 2021 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds (Text with EEA relevance)

text:
                  15.11.2021

                  EN

                  Official Journal of the European Union

                  L 402/60

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1977
         of 12 November 2021
         amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 230(1) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.

                     (2)

                     Commission Delegated Regulation (EU) 2020/692 (2) specifies the animal health requirements with which consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories, or zones thereof, or compartments thereof, in the case of aquaculture animals must comply in order to enter the Union.

                     (3)

                     Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.

                     (4)

                     More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds.

                     (5)

                     On 5 November 2021, the United Kingdom notified the Commission of outbreaks of highly pathogenic avian influenza in poultry. Those outbreaks are located near Wrexham County Borough in Wales and near Arbroath, Angus in Scotland and were confirmed respectively on 2 and 4 November 2021 by laboratory analysis (RT-PCR).

                     (6)

                     On 9 November 2021, the United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Alcester, Bidford, Warwickshire in England and was confirmed on 8 November 2021 by laboratory analysis (RT-PCR).

                     (7)

                     The veterinary authorities of the United Kingdom established a 10 km control zone around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease.

                     (8)

                     The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation, entry into the Union of consigments of poultry, germinal products of poultry and fresh meat from poultry and game birds from the area under restrictions established by the veterinary authorities of the United Kingdom due to the recent outbreaks of highly pathogenic avian influenza. should no longer be authorised.

                     (9)

                     Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.

                     (10)

                     Taking into account the current epidemiological situation in the United Kingdom as regards highly pathogenic avian influenza, the amendments to Implementing Regulation (EU) 2021/404 should take effect as a matter of urgency.

                     (11)

                     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
            Annexes V and XIV to Implementing Regulation (EU) 2021/404 are 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, 12 November 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 84, 31.3.2016, p. 1.

            (2)  Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).

            (3)  Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).

            ANNEX
            Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:

                        1.

                        Annex V is amended as follows:

                                    (a)

                                    in Part 1, in the entry for the United Kingdom, the following zones GB-2.17, GB-2.18 and GB-2.19 are added after the zone GB-2.16:

                                                ‘GB

                                                United Kingdom

                                                GB-2.17

                                                Breeding poultry other than ratites and productive poultry other than ratites

                                                BPP

                                                N, P1

                                                2.11.2021

                                                Breeding ratites and productive ratites

                                                BPR

                                                N, P1

                                                2.11.2021

                                                Poultry intended for slaughter other than ratites

                                                SP

                                                N, P1

                                                2.11.2021

                                                Ratites intended for slaughter

                                                SR

                                                N, P1

                                                2.11.2021

                                                Day-old chicks other than ratites

                                                DOC

                                                N, P1

                                                2.11.2021

                                                Day-old chicks of ratites

                                                DOR

                                                N, P1

                                                2.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                POU-LT20

                                                N, P1

                                                2.11.2021

                                                Hatching eggs of poultry other than ratites

                                                HEP

                                                N, P1

                                                2.11.2021

                                                Hatching eggs of ratites

                                                HER

                                                N, P1

                                                2.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                HE-LT20

                                                N, P1

                                                2.11.2021

                                                GB-2.18

                                                Breeding poultry other than ratites and productive poultry other than ratites

                                                BPP

                                                N, P1

                                                4.11.2021

                                                Breeding ratites and productive ratites

                                                BPR

                                                N, P1

                                                4.11.2021

                                                Poultry intended for slaughter other than ratites

                                                SP

                                                N, P1

                                                4.11.2021

                                                Ratites intended for slaughter

                                                SR

                                                N, P1

                                                4.11.2021

                                                Day-old chicks other than ratites

                                                DOC

                                                N, P1

                                                4.11.2021

                                                Day-old chicks of ratites

                                                DOR

                                                N, P1

                                                4.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                POU-LT20

                                                N, P1

                                                4.11.2021

                                                Hatching eggs of poultry other than ratites

                                                HEP

                                                N, P1

                                                4.11.2021

                                                Hatching eggs of ratites

                                                HER

                                                N, P1

                                                4.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                HE-LT20

                                                N, P1

                                                4.11.2021

                                                GB-2.19

                                                Breeding poultry other than ratites and productive poultry other than ratites

                                                BPP

                                                N, P1

                                                8.11.2021

                                                Breeding ratites and productive ratites

                                                BPR

                                                N, P1

                                                8.11.2021

                                                Poultry intended for slaughter other than ratites

                                                SP

                                                N, P1

                                                8.11.2021

                                                Ratites intended for slaughter

                                                SR

                                                N, P1

                                                8.11.2021

                                                Day-old chicks other than ratites

                                                DOC

                                                N, P1

                                                8.11.2021

                                                Day-old chicks of ratites

                                                DOR

                                                N, P1

                                                8.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                POU-LT20

                                                N, P1

                                                8.11.2021

                                                Hatching eggs of poultry other than ratites

                                                HEP

                                                N, P1

                                                8.11.2021

                                                Hatching eggs of ratites

                                                HER

                                                N, P1

                                                8.11.2021

                                                Less than 20 heads of poultry other than ratites

                                                HE-LT20

                                                N, P1

                                                8.11.2021’

                        (b)

                        in Part 2, in the entry for the United Kingdom, the following descriptions of the zones GB-2.17, GB-2.18 and 2.19 are added after the description of the zone GB-2.16:

                                    ‘United Kingdom

                                    GB-2.17

                                    Near Wrexham, Wales:
                                    The area covering that part of Wrexham, Wales and Shropshire, England contained within a circle of a radius of 10 km, centred on WGS84 dec, coordinates N52.94 and W3.07

                                    GB-2.18

                                    Near Arbroath, Angus, Scotland:
                                    The area contained within a circle of a radius of 10 km, centred on WGS84 dec, coordinates N56.65 and W2.61

                                    GB-2.19

                                    Near Alcester, Bidford, Warwickshire, England:
                                    The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates N52.15 and W1.86’

                        2.

                        in Annex XIV, in Part 1, in the entry for the United Kingdom, the following zones GB-2.17, GB-2.18 and GB-2.19 are added after the zone GB-2.16:

                                    ‘GB

                                    United Kingdom

                                    GB-2.17

                                    Fresh meat of poultry other than ratites

                                    POU

                                    N, P1

                                    2.11.2021

                                    Fresh meat of ratites

                                    RAT

                                    N, P1

                                    2.11.2021

                                    Fresh meat of game birds

                                    GBM

                                    N, P1

                                    2.11.2021

                                    GB-2.18

                                    Fresh meat of poultry other than ratites

                                    POU

                                    N, P1

                                    4.11.2021

                                    Fresh meat of ratites

                                    RAT

                                    N, P1

                                    4.11.2021

                                    Fresh meat of game birds

                                    GBM

                                    N, P1

                                    4.11.2021

                                    GB-2.19

                                    Fresh meat of poultry other than ratites

                                    POU

                                    N, P1

                                    8.11.2021

                                    Fresh meat of ratites

                                    RAT

                                    N, P1

                                    8.11.2021

                                    Fresh meat of game birds

                                    GBM

                                    N, P1

                                    8.11.2021’

                  .


title: Council Implementing Regulation (EU) 2021/1983 of 15 November 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

text:
                  15.11.2021

                  EN

                  Official Journal of the European Union

                  LI 402/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2021/1983
         of 15 November 2021
         implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.

                     (2)

                     In view of the gravity of the situation in Syria, and considering the recent changes in the Syrian Government, four persons should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012. The information relating to five persons already listed in Annex II to Regulation (EU) No 36/2012 should also be updated.

                     (3)

                     Regulation (EU) No 36/2012 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 November 2021.

                  For the Council

                  The President

               J. BORRELL FONTELLES

            (1)  OJ L 16, 19.1.2012, p. 1.

            ANNEX
            Annex II to Regulation (EU) No 36/2012 is amended as follows:

                        (1)

                        The following persons are added to the list set out in Section A (‘Persons’):

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘312.

                                    Amr SALEM
                                    (عمرو سالم)

                                    Date of birth: January 1958;
                                    Place of birth: Damascus, Syria;
                                    Gender: male

                                    Minister of Internal Trade and Consumer Protection. Appointed in August 2021.
                                    As a Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    15.11.2021

                                    313.

                                    Boutros AL-HALLAQ
                                    (بطرس الحلاق)

                                    Place of birth: Damascus countryside, Syria;
                                    Gender: male

                                    Minister of information. Appointed in August 2021.
                                    As a Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    15.11.2021

                                    314.

                                    Mohammad SEIFEDDINE
                                    (a.k.a. Seif Eddin, Seif El Din)
                                    (محمد سيف الدين)

                                    Gender: male

                                    Minister of Labour and social affairs. Appointed in August 2021.
                                    As a Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    15.11.2021

                                    315.

                                    Diala BARAKAT
                                    (ديالا بركات)

                                    Date of birth: 1980;
                                    Gender: female

                                    Minister of State. Appointed in August 2021.
                                    As a Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    15.11.2021’

                        (2)

                        In Section A (Persons) the following entries are replaced as follows:

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘167.

                                    Dr Jassem Mohammad ZAKARIA
                                    (a.k.a. Mohamed, Muhammad, Mohammed, Jasem)

                                    Date of birth: 1968
                                    Gender: male;

                                    Former Minister of Labour and Social Affairs.
                                    As a former Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    16.10.2012

                                    229.

                                    Abdullah ABDULLAH
                                    (عبدالله عبدالله)

                                    Date of birth: 1956;
                                    Gender: male

                                    Minister of State. Appointed in August 2021.
                                    As a Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    14.11.2016

                                    259.

                                    Imad Abdullah SARA
                                    (عماد عبدالله صارة)

                                    Date of birth: 1968;
                                    Place of birth: Damascus, Syria;
                                    Gender: male

                                    Former Minister of Information. Appointed in January 2018.
                                    As a former Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    26.2.2018

                                    296.

                                    Talal AL-BARAZI (a.k.a. Barazi)
                                    (طلال البرازي)

                                    Date of birth: 1963;
                                    Place of birth: Hama city, Syria;
                                    Gender: male

                                    Former Minister of Internal Trade and Consumer Protection.
                                    As a former Government Minister, shares responsibility for the Syrian regime’s violent repression of the civilian population.

                                    16.10.2020

                                    309.

                                    Malloul (a.k.a. Maloul) HUSSEIN (a.k.a. AL-HUSSEIN)
                                    (ملول حسين)

                                    Date of birth: 1950;
                                    Place of birth: Al-Hasakah Governorate, Syria;
                                    Gender: male

                                    Former Minister of State.
                                    As a former Government Minister, shares responsibility for the Syrian regime’s violent repression against the civilian population.

                                    6.11.2020’


title: Commission Implementing Regulation (EU) 2020/449 of 25 March 2020 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  27.3.2020

                  EN

                  Official Journal of the European Union

                  L 94/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/449
         of 25 March 2020
         amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

                     (2)

                     Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

                     (3)

                     Regulation (EC) No 1484/95 should therefore be amended accordingly.

                     (4)

                     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
            Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 25 March 2020.

                  For the Commission,

                  On behalf of the President,

               María Ángeles BENÍTEZ SALAS

                  Acting Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 150, 20.5.2014, p. 1.

            (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

            ANNEX

                     ‘ANNEX I

                                 CN code

                                 Description

                                 Representative price
                                 (EUR/100 kg)

                                 Security under Article 3
                                 (EUR/100 kg)

                                 Origin  (1)

                                 0207 12 90

                                 Fowls of the species Gallus domesticus, not cut in pieces, presented as “65% chickens”, frozen

                                 129,1

                                 0

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 221,8
                                 198,3
                                 267,8
                                 222,3

                                 24
                                 31
                                 10
                                 23

                                 AR
                                 BR
                                 CL
                                 TH

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 310,6

                                 0

                                 BR

               (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).’


title: Commission Implementing Regulation (EU) 2020/477 of 31 March 2020 amending Commission Implementing Regulation (EU) 2020/39 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

text:
                  1.4.2020

                  EN

                  Official Journal of the European Union

                  L 100/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/477
         of 31 March 2020
         amending Commission Implementing Regulation (EU) 2020/39 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
         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) (‘the basic Regulation’) and in particular Articles 13(3) and 14(5) thereof,
         Whereas:
         1.   PROCEDURE

         1.1.   Existing measures

                     (1)

                     On 11 October 2007, the Council imposed, by Council Regulation (EC) No 1184/2007 (2), a definitive anti-dumping duty on imports of peroxosulphates originating, inter alia, in the People’s Republic of China (‘the original measures’). Two companies were granted market economy treatment (MET). One received an individual anti-dumping duty rate of 24,5 %. The other company, ABC Chemicals (Shanghai) Co., Ltd. (hereafter referred to as ‘ABC Shanghai’), was found not to be dumping and therefore received an individual anti-dumping duty rate of 0 %. All other companies are subject to an anti-dumping duty rate of 71,8 %. The investigation that led to the original measures will be hereinafter referred to as ‘the original investigation’.

                     (2)

                     On 17 December 2013, the Council, following an expiry review, extended the anti-dumping measures against imports from the People’s Republic of China (‘the PRC’) by Council Regulation (EU) No 1343/2013 (‘the extended measures’) (3).

                     (3)

                     On 17 December 2018, following the publication of a notice of impending expiry of the measure in force (4), the Commission announced, by a notice published in the Official Journal of the European Union (5) (‘the Notice of Initiation’), the initiation of a second expiry review of the measures pursuant to Article 11(2) of the basic Regulation.

                     (4)

                     On 17 January 2020, following its second expiry review, the Commission maintained the original measures by Commission Implementing Regulation (EU) 2020/39 (6). These measures will hereinafter be referred to as ‘the measures currently in force’.

               1.2.
               Ex-officio initiation

                     (5)

                     In the first half of 2019, the Commission analysed available evidence on the patterns and channels of sales of peroxosulphates since the imposition of the original measures. Import statistics showed a change in the pattern of trade following the imposition of the definitive anti-dumping duty on the product concerned. Those statistics also showed that Chinese imports are now mainly entering the Union under the TARIC additional code for products manufactured by ABC Shanghai, and are not subject to anti-dumping duties. However, evidence in the possession of the Commission showed that ABC Shanghai was no longer producing peroxosulphates, so the change in the pattern of trade seemed to be due to channelling of exports. There seemed to be no due cause or economic justification for this channelling of exports other than the existing 0 % duty for ABC Shanghai.

                     (6)

                     Furthermore, the Commission had sufficient evidence that the remedial effects of the existing anti-dumping measures on peroxosulphates were being undermined both in terms of quantities and prices.

                     (7)

                     Finally, the Commission had sufficient evidence that the prices of exports of peroxosulphates by ABC Shanghai were currently dumped in relation to the normal value previously established.

                     (8)

                     The Commission therefore decided, after having informed the Member States, to initiate, on its own initiative, an investigation pursuant to Article 13 of the basic Regulation concerning the possible circumvention of the anti-dumping measures currently in force by the company ABC Shanghai and to make imports of peroxosulphates from ABC Shanghai subject to registration. The initiation of the investigation was announced by the publication of an Implementing Regulation in the Official Journal of the European Union on 26 September 2019 (‘the Initiating Regulation’) (7).

               1.3.   Investigation

                     (9)

                     The Commission informed the authorities of the People’s Republic of China (‘PRC’), the company ABC Shanghai and the Union industry about the initiation of the investigation. Interested parties were given the opportunity to make their views known in writing, as well as to request a hearing.

                     (10)

                     In addition, the Commission specifically requested ABC Shanghai to inform the Commission whether it wished to cooperate in the proceeding and fill in a questionnaire. On 8 October 2019, ABC Shanghai confirmed that it would cooperate with the Commission in order to prove that its practice and pattern of sales are economically and legally justified. Consequently, on 9 October 2019, a questionnaire was sent to it.

                     (11)

                     On 19 November 2019, the Commission received questionnaire replies from ABC Shanghai and its two related companies, i.e. Siancity Xiamen Co., Ltd (‘Siancity’) and Fujian Hongguan Chemical Corp (‘Hongguan’).

                     (12)

                     On 28 January 2020, the Commission informed all interested parties of the essential facts and considerations based on which it intended to make ABC Shanghai subject to the residual duty rate of 71,8 %. All parties were granted a period within which they could make comments on the disclosure.

                     (13)

                     On 12 February 2020, ABC Shanghai commented on the Commission’s disclosure. These comments were analysed and taken into account where appropriate. No other interested party submitted comments on the Commission’s disclosure.

               1.4.   Reporting period and investigation period

                     (14)

                     The investigation period covered the period from 1 January 2016 to 30 June 2019 (the ‘IP’). For the IP data were collected to investigate, inter alia, the alleged change in the pattern of trade and the practice, process or work behind it. For the period from 1 July 2018 to 30 June 2019 (the reporting period or ‘the RP’), more detailed data were requested in order to examine the possible undermining of the remedial effects of the measures in force and the existence of dumping.

               2.   RESULTS OF THE INVESTIGATION

         2.1.   General considerations

                     (15)

                     The Commission analysed, pursuant to Article 13(1) of the basic Regulation, (i) whether there was a change in the pattern of trade with respect to individual exporting producers in the PRC, (ii) whether this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty, (iii) whether there was evidence of injury or that the remedial effects of the duty were being undermined in terms of prices and/or quantities of the product under investigation, and (iv) whether there was evidence of dumping in relation to the normal values previously established for the like product.

               2.2.   Product concerned and product under investigation

                     (16)

                     The product concerned is peroxosulphates (persulphates), including potassium peroxymonosulphate sulphate, currently falling under CN codes 2833 40 00 and ex 2842 90 80 (TARIC code 2842908020) and originating in the PRC (‘the product concerned’).

                     (17)

                     Peroxosulphates are used as an initiator or as an oxidising agent in a number of processes. Some examples include their use as polymerisation initiator in the production of polymers, as an etching agent in the production of printed circuit boards, or as a bleaching agent in hair cosmetics.

                     (18)

                     The product under investigation during this proceeding is the same as that defined in recital (16), currently falling under the same codes as the product concerned and imported under the TARIC additional code A820 (‘the product under investigation’).

               2.3.   Detailed findings of the investigation

         2.3.1.   Information received from national customs authorities

                     (19)

                     On 14 June 2019, the German customs authorities informed the Commission that the invoices of Siancity, a trader related to ABC Shanghai, systematically included a declaration certifying that that the imported peroxosulphates had been produced by the company ABC Shanghai, and therefore the consignments were cleared for free circulation in Germany under the TARIC additional code A820. (8)

                     (20)

                     On 2 September 2019, the French customs authorities informed the Commission that they had received an invoice dated 3 June 2019 from Siancity, including a declaration certifying that the imported peroxosulphates had been produced by the company ABC Shanghai.

               2.3.2.   The questionnaire reply from ABC Shanghai and its related companies Siancity and Hongguan

                     (21)

                     As mentioned in recital (11), on 19 November 2019, the Commission received questionnaire replies from ABC Shanghai and its two related companies, i.e. Siancity and Hongguan (hereafter ‘ABC Group’ and/or ‘ABC Shanghai and its related companies’). The ABC Group also submitted, on the same day, a more detailed explanatory note, with some detailed preliminary comments on the initiation of this anti-circumvention proceeding.

                     (22)

                     The main elements of the statements in these documents can be summarised as follows:

                                 —

                                 Before and in 2017, ABC Shanghai, which is located in Shanghai, was producing the product concerned.

                                 —

                                 In February 2017, one of the shareholders of ABC Shanghai acquired 20 % shareholding in Hongguan by contributing both cash and ABC Shanghai’s production facilities. Hongguan is located in Fujian province, about 900 km from Shanghai. Since then, ABC Shanghai and Hongguan are related companies. The latter had been set up in November 2009 and was restructured into a joint stock company in December 2016.

                                 —

                                 Due to a series of enactments and modifications of the environmental protection laws, including an enactment to relocate dangerous chemical enterprises located in urban and residential areas, the controlling shareholder of ABC Shanghai was compelled to cease the production at its premises in Shanghai. It relocated the production to its related company Hongguan in Fujian province. ABC Shanghai ceased ‘officially’ its production on 31 December 2017 and became a trading company from 1 January 2018 onwards.

                                 —

                                 ABC Shanghai moved all its production facilities from its premises in Shanghai to the premises of its related company Hongguan in 2018 (9). Since 2018 (10), Hongguan produced and sold its peroxosulphates to ABC Shanghai, which in its turn is selling to its customers, including its related company Siancity, which is exporting the product under investigation to the Union market.

                                 —

                                 ABC Shanghai’s decision and action were allegedly not meant to evade the measures in force.

               2.3.3.   Analysis of the submitted documents by ABC Shanghai and its related companies

                     (23)

                     ABC Shanghai was the legal entity specifically identified as an exporting producer in all regulations imposing anti-dumping duties on peroxosulphates originating in the PRC. It is subject to an anti-dumping duty rate of 0 %, applicable to imports under company-specific TARIC additional code A820 (11).

                     (24)

                     Furthermore, the original investigation as well as the two expiry review Regulations, referred to in recitals (1), (2) and (4) provided that the application of any individual duty rate – including the 0 % duty rate of ABC Shanghai – would be conditional upon the presentation of a valid commercial invoice, bearing a declaration that the product concerned was manufactured by (company name and address) (TARIC additional code).

                     (25)

                     Following the initiation of the present anti-circumvention investigation, ABC Shanghai informed the Commission, for the first time, on 19 November 2019, that it did not itself manufacture anymore the product under investigation since it ceased its production at the end of 2017. Nevertheless, as mentioned below in recital (39) and on the basis of the statements referred to in recital (40) below, ABC Shanghai still exported at least more than 85 % of the total Chinese import volumes of the product under investigation in 2018 and the RP respectively.

                     (26)

                     Moreover, as part of its questionnaire reply, Siancity submitted on 19 November 2019 three invoices issued in 2018 to Union importers. These three invoices bear a declaration that the legal entity ABC Shanghai with the TARIC additional code A820, subject to 0 % duty rate, was the manufacturer of the product under investigation covered by the invoice, i.e. peroxosulphates.

                     (27)

                     The declarations on these three invoices, which led to the application of the 0 % anti-dumping duty rate, were incorrect. As mentioned in recital (22), ABC Shanghai ‘officially’ ceased its production at the end of 2017. It was, therefore, not the manufacturer of the peroxosulphates covered by the three invoices. Those imports should have been declared under the TARIC additional code for ‘all other companies’ and should have been subject to an anti-dumping duty rate of 71,8 %, that is, the anti-dumping duty rate applicable to all other companies not specifically having an individual anti-dumping duty rate.

                     (28)

                     Based on the above, the Commission concluded that ABC Shanghai and its related companies intentionally concealed the fact that the legal entity ABC Shanghai was not anymore manufacturing the product under investigation as from 2018, as well as the other significant changes in its group structure, to continue to be able to benefit from ABC Shanghai’s individual anti-dumping duty rate of 0 % for imports of product manufactured by its related company Hongguan. That practice constitutes ‘channelling’, as ABC Shanghai’s 0 % individual duty rate is used to ‘channel’ products produced by another company to the Union without paying the otherwise-applicable duty rate on those products.

                     (29)

                     ABC Shanghai and its related companies have not put forward any evidence that would demonstrate the existence of any due cause or economic justification for this practice other than the potential to avoid the levying of anti-dumping duties on exports of peroxosulphates produced by Hongguan to the Union.

                     (30)

                     Following disclosure, ABC Shanghai repeated that ‘such change was exclusively propelled and driven by environment requirements, which compelled ABC Shanghai to relocate its entire production facilities outside Shanghai to a different place’. Its decision to relocate was thus necessary for continuing commercial operations and not as a means to circumvent the duty. It also observed that ABC Shanghai is a company run by a private person who had no knowledge of anti-dumping law, circumvention or any reporting obligation to the Commission.

                     (31)

                     The Commission rejected these arguments.

                     (32)

                     First, the change in 2018 cannot be qualified as a mere relocation. ABC Shanghai was the legal entity specifically identified as an exporting producer in the regulation imposing anti-dumping duties on peroxosulphates originating in the PRC. In 2017, one of the shareholders of ABC Shanghai bought shares of an existing company (Hongguan), already producing the product concerned. From early 2018 onwards, ABC Shanghai’s production equipment had been moved to this different legal entity (Hongguan). Therefore, Hongguan became the manufacturer of the product under investigation and ABC Shanghai the trader.

                     (33)

                     Second, ABC Shanghai had received Market Economy Treatment (‘MET’). Granting such treatment depended largely on the economic situation of the production plant at the legal entity in Shanghai. It can neither be assumed, nor has it been demonstrated, that the same conditions exist at the factory of Hongguan in the Fujian province. Therefore, Hongguan could not be treated as having taken over ABC Shanghai’s duty rate, which was based on an MET finding.

                     (34)

                     Third, the application of its individual duty rate was conditional upon the presentation of a valid commercial invoice, bearing a declaration that the product concerned was manufactured by the legal entity ABC Shanghai. However, the legal entity ABC Shanghai was still identified as the manufacturer of the product under investigation on the import documentation provided to the customs authorities in the EU despite the fact that it was not the legal entity actually having manufactured the goods from early 2018 onwards. Consequently, the duty rate applicable to goods manufactured by ABC Shanghai was wrongfully applied to imports that had, as a matter of fact, been produced by a different legal entity and should have been subject to a higher duty rate.

                     (35)

                     Fourth, with regard to the argument that the private person running the operations of ABC Shanghai did not have any knowledge of anti-dumping law, the Commission recalled that intention is not a legal requirement to establish the existence of circumvention pursuant to Article 13(1) of the basic Regulation. In any case, the repeated declarations from Siancity to the EU customs authorities that ABC Shanghai was the exporting producer seem to indicate an understanding that only ABC Shanghai would profit from the 0 % duty. It will be for the appropriate authority in the EU to investigate whether there has been customs fraud concerning the declarations on the invoices from the ABC Group.

                     (36)

                     The Commission therefore maintained its finding that ABC Shanghai and its related companies had not put forward evidence that would demonstrate the existence of any due cause or economic justification for declaring ABC Shanghai as the manufacturer of imports of the product concerned other than avoiding the levying of a higher anti-dumping duty rate on its exports of peroxosulphates to the Union.

               2.4.   Change in the pattern of trade

         2.4.1.   Import volumes from China

                     (37)

                     Company-specific data are available in the 14(6) database, set up pursuant to Article 14(6) of the basic Regulation (‘the 14(6) database’). This database gathers, among others, the data reported each month to the Commission by Member States on imports of products subject to anti-dumping measures also including company specific TARIC additional codes. The Commission therefore used data from the 14(6) database to identify the change in the pattern of trade by comparing exporting producers with different level of duties for the purpose this investigation. That data is in line with the non-verified data which were received as part of the questionnaire reply on 19 November 2019 (see recital 11).

                     (38)

                     The import volumes of the product under investigation accounted for more than 85 % of the total Chinese import volumes of the product concerned to the Union during the investigation period, including the RP, as reported by the 14(6) database.

               2.4.2.   Change in the pattern of trade in China

                     (39)

                     Table 1 below shows the volume of imports of the product concerned in (non-confidential) ranges from the PRC into the Union from 1 January 2016 to the end of the reporting period.

                        Table 1

                        Total import volumes from the PRC (in tonnes, ranges) into the Union

                                 2016

                                 2017

                                 2018

                                 RP

                                 VOLUME OF IMPORTS

                                 2 300  –
                                 3 000

                                 3 600  –
                                 4 200

                                 4 200  –
                                 4 800

                                 4 000 -
                                 4 800

                                 Source: 14(6) database.

                     (40)

                     The volume of total imports from the PRC increased systematically during the years 2016 until 2018. Moreover, despite a small decrease of import volumes during the RP compared to the year 2018, those values are still significantly higher than the ones during the years 2016 and 2017. As mentioned in recital (38), the import volumes of the product under investigation accounted for more than 85 % of the total Chinese import volumes of the product concerned to the Union during the investigation period.

                     (41)

                     As explained in sections 2.3.2 and 2.3.3, the exporting producer ABC Shanghai ceased its production at the end of 2017, and became a trader from 2018 onwards. Moreover, its related company Hongguan became the manufacturer of the product under investigation in early 2018.

                     (42)

                     Nevertheless, imports to the Union of the product under investigation attributed to the legal entity ABC Shanghai, were still made during 2018 and the RP after it had ceased production. The import volumes during 2018 and the RP under this TARIC additional code (A820) were at higher levels than during the years 2016 and 2017, when ABC Shanghai was still the manufacturer of the imported peroxosulphates into the Union. In parallel, imports under the TARIC additional code for ‘all other producers’ A999 decreased during the investigation period.

                     (43)

                     Following disclosure, ABC Shanghai argued that its change of pattern and sales was legitimately justified due to the imposed environment rules, and that it did had no other options than to relocate.

                     (44)

                     The Commission rejected this claim. As explained above in recital (32) the events of 2018 cannot be qualified as a simple relocation of the production facilities but constituted a change of the corporate structure after which another legal entity produced the product under investigation. In addition, the original investigation had established a duty rate of 0 % in respect of the legal entity ABC Shanghai, which had been based on market economy treatment for that particular entity only (see recital 33 above). ABC Shanghai should therefore have informed the Commission of this change to allow it to examine the consequences, if any of that change for the application of anti-dumping measures to imports of the product under investigation by the new production company. However, ABC Shanghai chose not to do so.

               2.4.3.   Nature of the circumvention practice in China

                     (45)

                     Article 13(1) of the basic Regulation requires that the change in the pattern of trade stems from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty. The practice, process or work includes, inter alia, the reorganisation by exporters or producers of their patterns and channels of sales in the country subject to measures in order to have their products exported to the Union through producers benefiting from an individual duty lower than that applicable to the products of the manufacturers.

                     (46)

                     As explained in section 2.3, the Commission found that ABC Shanghai and its related companies engaged in circumvention through channelling. Although Hongguan did not have its own company-specific additional code, it started to export large volumes of the product concerned from 2018 onwards into the Union under ABC Shanghai’s company-specific TARIC additional code.

                     (47)

                     The import volumes into the Union under ABC Shanghai’s company-specific TARIC additional code (A820) represent more than 85 % of the total import volumes into the Union during 2018 and the reporting period, as reported by the 14(6) database. However, the legal entity ABC Shanghai was not the producer of those import volumes, but Hongguan was.

                     (48)

                     The changes in trade flows to the Union constitute a change in the pattern of trade between the related companies Hongguan (the manufacturer of the product under investigation from 2018 onwards) and ABC Shanghai (the manufacturer of the product under investigation until the end of 2017) in the country subject to measures and the Union, which stems from a practice, process or work for which the investigation did not bring to light any due cause or economic justification other than the avoidance of the residual or the higher duty in force on peroxosulphates originating in the PRC.

                     (49)

                     In light of the considerations above, the Commission established that channelling practices of the product under investigation were taking place.

               2.5.   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

                     (50)

                     As explained in recitals 28-29, the investigation did not bring to light any due cause or economic justification for the channelling practices by the parties concerned other than the avoidance of the higher duty in force on Hongguan’s imports of peroxosulphates originating in the PRC.

               2.6.   Evidence of dumping

                     (51)

                     In accordance with Article 13(1) of the basic Regulation, the Commission examined whether there was evidence of dumping in relation to the normal value previously established for the product concerned.

                     (52)

                     To establish normal value, the Commission decided to use the data from the latest investigation leading to the measures currently in force, namely the ex works normal value per product type established in section 3.1.4 of Implementing Regulation (EU) 2020/39.

                     (53)

                     The export price per product type was based on the data provided by Siancity, the related trader within the ABC Group, which was contained in the questionnaire reply received on 19 November 2019. Those export prices were adjusted to bring them to an ex works value.

                     (54)

                     The average normal value per product type was then compared with the weighted average export prices per product type during the RP.

                     (55)

                     Since these export prices for all product types were below the normal value for these product types, the existence of dumping was confirmed for the product under investigation.

               2.7.   Undermining the remedial effect of the anti-dumping duty

                     (56)

                     Finally, the Commission examined, in accordance with Article 13(1) of the basic Regulation, whether the imports of the product under investigation had, in terms of quantities and prices, undermined the remedial effects of the measures currently in force.

                     (57)

                     In recital 109 of Implementing Regulation (EU) 2020/39 the Commission established that the Union consumption amounted to between 37 000 and 43 000 tonnes during the expiry review investigation period (covering the period from 1 October 2017 to 30 September 2018), which is the most recent figure on Union consumption the Commission has in its possession. The market share of imports made under the company-specific TARIC additional code A820 during the RP according to the 14(6) database is more than 10 % of the total Union market, which is an important share of the market.

                     (58)

                     Regarding prices, an average non-injurious price was not established in the latest investigation leading to the measures currently in force. Therefore, the Commission found it appropriate to use the average cost of production of the Union industry, since such cost is lower than an average non-injurious price. The average cost of production of the Union industry – as established in the latest investigation leading to the measures currently in force – was compared with the weighted average CIF prices of the ABC Group found to be circumventing the measures during this investigation’s RP as reported in the 14(6) database.

                     (59)

                     Since the CIF prices were below the average cost of production of the Union industry, the circumventing imports were undermining the remedial effects of the duty in terms of prices.

                     (60)

                     The Commission therefore concluded that the channelling practices described above undermined the remedial effects of the measures currently in force both in terms of quantities and prices.

               3.   MEASURES

                     (61)

                     Given the above, the Commission concluded that the definitive anti-dumping duty imposed on imports of peroxosulphates originating in the PRC has been circumvented by means of channelling practices via ABC Shanghai, which is subject to a 0 % anti-dumping duty.

                     (62)

                     Pursuant to the second subparagraph of Article 13(1) of the basic Regulation, the anti-dumping duty on imports of the product concerned originating in the PRC applicable to ‘all other companies’ should therefore be extended to imports of the same product declared to be manufactured by ABC Shanghai (i.e. the product under investigation), as they are actually being produced by Hongguan, which is not subject to any individual duty rate (but, instead, subject to the ‘all other companies’ rate).

                     (63)

                     Articles 13(3) and 14(5) of the basic Regulation provide that any extended measures should apply to imports, which entered the Union under registration imposed by the initiating Regulation. Therefore, duties should be collected on the registered imports of peroxosulphates originating in the PRC that were imported into the Union under the TARIC additional code A820 during the period of registration of imports. The amount of anti-dumping duties to be retroactively collected should be the residual duty of 71,8 %.

               4.   DISCLOSURE

                     (64)

                     The Commission informed all interested parties of the essential facts and considerations leading to the above conclusions and invited them to comment. The oral and written comments submitted by the parties were taken into consideration where appropriate.

                     (65)

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

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The definitive anti-dumping duty of 71,8 % applicable to ‘all other companies’ imposed by Article 1(2) of Commission Implementing Regulation (EU) 2020/39 on imports of peroxosulphates (persulphates), including potassium peroxymonosulphate sulphate, currently falling under CN codes 2833 40 00 and ex 2842 90 80 (TARIC code 2842908020) and originating in the People’s Republic of China, is as of 27 September 2019 extended to imports declared as manufactured by the company ABC Chemicals (Shanghai) Co., Ltd under TARIC additional code A820. Its TARIC additional code A820, as mentioned in Article 1(2) of Commission Implementing Regulation (EU) 2020/39, shall be maintained.

               2.   The table in Article 1(2) of Implementing Regulation (EU) 2020/39 is hereby replaced by the following table:

                           Company

                           Duty (%)

                           TARIC Additional Code

                           ABC Chemicals (Shanghai) Co., Ltd, Shanghai

                           71,8 %

                           A820

                           United Initiators Shanghai Co., Ltd

                           24,5 %

                           A821

                           All other companies

                           71,8 %

                           A999

               3.   The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Implementing Regulation (EU) 2019/1584 of 26 September 2019 and Articles 13(3) and 14(5) of Regulation (EU) 2016/1036, for the company ABC Chemicals (Shanghai) Co., Ltd.

               4.   The amount of anti-dumping duties to be retroactively collected shall be that resulting from applying the anti-dumping duty of 71,8 % applicable to ‘all other companies’. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

            Article 2
            Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Commission Implementing Regulation (EU) 2019/1584 of 26 September 2019.

            Article 3
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 31 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (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 of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

            (2)  Council Regulation (EC) No 1184/2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of peroxosulphates (persulphates) originating in the United States of America, the People’s Republic of China and Taiwan (OJ L 265, 11.10.2007, p. 1).

            (3)  Council Implementing Regulation (EU) No 1343/2013 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 338, 17.12.2013, p. 11).

            (4)  Notice of the impending expiry of certain anti-dumping measures (OJ C 110, 23.3.2018, p. 29).

            (5)  Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of peroxosulphates (persulphates) originating in the People’s Republic of China (OJ C 454, 17.12.2018, p. 7).

            (6)  Commission Implementing Regulation (EU) 2020/39 of 16 January 2020 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 13, 17.1.2020, p. 18).

            (7)  Commission Implementing Regulation (EU) 2019/1584 initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 1343/2013 on imports of peroxosulphates (persulphates) originating in the People’s Republic of China, and making such imports subject to registration (OJ L 246, 26.9.2019, p. 19).

            (8)  Email dated 14 June 2019 from the German customs authorities to the European Commission.

            (9)  No specific date was provided in the questionnaire reply.

            (10)  No specific date was provided in the questionnaire reply.

            (11)  Commission Implementing Regulation (EU) 2020/39 of 16 January 2020 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 13, 17.1.2020, p. 18).


title: Commission Implementing Regulation (EU) 2020/478 of 1 April 2020 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (Text with EEA relevance)

text:
                  2.4.2020

                  EN

                  Official Journal of the European Union

                  L 102/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/478
         of 1 April 2020
         correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Articles 8 thereof,
         Whereas:

                     (1)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, the Commission was to establish, by 1 January 2018, the Union list of novel foods authorised or notified under Regulation (EC) No 258/97 of the European Parliament and of the Council (2).

                     (2)

                     The Union list of novel foods authorised or notified under Regulation (EC) No 258/97 was established by Commission Implementing Regulation (EU) 2017/2470 (3).

                     (3)

                     Commission Implementing Regulation (EU) 2018/1023 (4) corrected Implementing Regulation (EU) 2017/2470 and replaced the Annex thereto in order to include a number of authorised or notified novel foods not included in the initial Union list.

                     (4)

                     After the publication of Implementing Regulation (EU) 2017/2470 and Implementing Regulation (EU) 2018/1023, food business operators identified an additional error in the Annex to Implementing Regulation (EU) 2017/2470 and notified the Commission about it.

                     (5)

                     Correction is needed in order to provide clarity and legal certainty to food business operators and to Member States’ competent authorities, thus providing for the proper implementation and use of the Union list of novel foods.

                     (6)

                        Schizochytrium sp. (T18) oil was authorised as a novel food through the notification procedure pursuant to Article 5 of Regulation (EC) No 258/97. In the specifications of Schizochytrium sp. (T18) oil, the indicated acid value is erroneously ≤ 0,5 mg KOH/g instead of the correct value of ≤ 0,8 mg KOH/g. The Union list of novel foods established by Implementing Regulation (EU) 2017/2470 indicated the same erroneous value.

                     (7)

                     Therefore, the specifications of Schizochytrium sp. (T18) oil relating to the acid value in Table 2 of the Annex to Implementing Regulation (EU) 2017/2470 should be corrected accordingly.

                     (8)

                     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
            The Annex to Implementing Regulation (EU) 2017/2470 is corrected in accordance with the Annex to this Regulation.

            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 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

            (3)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (4)  Commission Implementing Regulation (EU) 2018/1023 of 23 July 2018 correcting Implementing Regulation (EU) 2017/2470 establishing the Union list of novel foods (OJ L 187, 24.7.2018, p. 1).

            ANNEX
            In Table 2 (Specifications) of the Annex to Implementing Regulation (EU) 2017/2470, the entry for Schizochytrium sp. (T18) oil is replaced by the following:

                           Authorised novel food

                           Specification

                           ‘
                                 Schizochytrium sp. (T18) oil

                           Acid value: ≤ 0,8 mg KOH/g
                           Peroxide value (PV): ≤ 5,0 meq/kg oil
                           Moisture and volatiles: ≤ 0,05 %
                           Unsaponifiables: ≤ 3,5 %
                           Trans-fatty acids: ≤ 2,0 %
                           Free fatty acids: ≤ 0,4 %
                           DHA content: ≥ 35 %’


title: Commission Implementing Regulation (EU) 2020/479 of 1 April 2020 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Text with EEA relevance)

text:
                  2.4.2020

                  EN

                  Official Journal of the European Union

                  L 102/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/479
         of 1 April 2020
         amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 38(d) thereof,
         Whereas:

                     (1)

                     Products imported from a third country can be placed on the Union market as organic if they are covered by a certificate of inspection issued by the competent authorities, control authorities or control bodies of a recognised third country or by a recognised control authority or control body.

                     (2)

                     In order to ensure compliance with Article 33(1) of Regulation (EC) No 834/2007 and the traceability of the imported products during distribution, including transport form third countries, Commission Regulation (EC) No 1235/2008 (2), as amended by Implementing Regulation (EU) 2020/25 (3), provides that the certificate of inspection is to be issued by the relevant control authority or control body before the consignment leaves the third country of export or origin. That control authority or control body has to sign the declaration in box 18 of the certificate after it has carried out a documentary check on the basis of all relevant inspection documents, including, inter alia, transport documents.

                     (3)

                     It appears that, in some cases, complete transport documents are not available to the control body in due time to allow that all the transport information is included in the certificate of inspection before the consignment leaves the third country. For that reason, it is appropriate to specify that the information contained in the transport documents has to be checked and included in the certificate of inspection by the relevant control authority or control body within maximum 10 days from the issuance of the certificate, and, in any case, before the endorsement of the certificate by Member State’s authorities.

                     (4)

                     Regulation (EC) No 1235/2008 should therefore be amended accordingly.

                     (5)

                     As these amendments are necessary to apply Article 13 of Regulation (EC) No 1235/2008 as amended by Implementing Regulation (EU) 2020/25, this Regulation should apply retroactively from the date of entry into force of Implementing Regulation (EU) 2020/25.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Regulation (EC) No 1235/2008
            Article 13 of Regulation (EC) No 1235/2008 is amended as follows:

                        (1)

                        in the third subparagraph of paragraph 2, the following sentence is added:
                        ‘In the absence in the printed hand-signed copy of the certificate of inspection of the information related to transport documents in boxes 16 and 17, and the relevant fields of box 13, or where such information is different than the one available in TRACES, relevant Member State’s competent authorities and the first consignee shall only consider for the purpose of verification and endorsement of the certificate of inspection the information available in TRACES’;

                        (2)

                        in paragraph 4, the first subparagraph is replaced by the following:
                        ‘The control authority or control body issuing the certificate of inspection shall only issue the certificate of inspection and sign the declaration in box 18 of the certificate after it has carried out a documentary check on the basis of all relevant inspection documents, including in particular the production plan for the product concerned, commercial documents and, as appropriate according to its risk assessment, it has carried out a physical check of the consignment. The information related to transport documents in box 13, in particular number of packages and net weight, and the information in boxes 16 and 17 of the certificate of inspection concerning means of transport and transport documents shall be included in the certificate of inspection within maximum 10 days from the issuance of the certificate and, in any case, before endorsement of the certificate of inspection by the relevant Member State’s competent authorities.’

            Article 2
            Entry into force and application
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 3 February 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 189, 20.7.2007, p. 1.

            (2)  Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, p. 25).

            (3)  Commission Implementing Regulation (EU) 2020/25 of 13 January 2020 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 8, 14.1.2020, p. 18).


title: Commission Implementing Regulation (EU) 2020/483 of 1 April 2020 amending for the 313th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
                  3.4.2020

                  EN

                  Official Journal of the European Union

                  L 103/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/483
         of 1 April 2020
         amending for the 313th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
         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 ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 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 24 March 2020, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the 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 amended 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 April 2020.

                  For the Commission,

                  On behalf of the President,

                  Director-General

                  Directorate-General for Financial Stability, Financial Services and Capital Markets Union

            (1)  OJ L 139 29.5.2002, p. 9.

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

               ‘Ibrahim Mohamed Khalil (alias (a) Khalil Ibrahim Jassem, (b) Khalil Ibrahim Mohammad, (c) Khalil Ibrahim Al Zafiri, (d) Khalil, (e) Khalil Ibrahim al-Zahiri). Date of birth: (a) 2.7.1975, (b) 2.5.1972, (c) 3.7.1975, (d) 1972, (e) 2.5.1975. Place of birth: (a) Dayr Az-Zawr, Syria, (b) Baghdad, Iraq, (c) Mosul, Iraq. Nationality: Syrian. Passport No: T04338017. Address: Refugee shelter Alte Ziegelei, 55128 Mainz, Germany. Photo and fingerprints available for inclusion in the INTERPOL-UN Security Council Special Notice. Date of designation referred to in Article 7d(2)(i): 6.12.2005.’