title: Commission Implementing Regulation (EU) 2019/1785 of 18 October 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Ragusano (PDO))

text:
                  25.10.2019

                  EN

                  Official Journal of the European Union

                  L 272/136

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1785
         of 18 October 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Ragusano’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Ragusano’, registered under Commission Regulation (EC) No 1263/96 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Ragusano’ (PDO) are hereby approved.

            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, 18 October 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92 (OJ L 163, 2.7.1996, p. 19).

            (3)  OJ C 216, 27.6.2019, p. 17.


title: Commission Implementing Regulation (EU) 2019/1786 of 23 October 2019 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  25.10.2019

                  EN

                  Official Journal of the European Union

                  L 272/137

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1786
         of 23 October 2019
         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, 23 October 2019.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 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

                                 136,2

                                 0

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 231,2
                                 210,6
                                 244,8
                                 236,9

                                 21
                                 27
                                 17
                                 19

                                 AR
                                 BR
                                 CL
                                 TH

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 272,1

                                 4

                                 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) 2019/1787 of 24 October 2019 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (Text with EEA relevance)

text:
                  25.10.2019

                  EN

                  Official Journal of the European Union

                  L 272/140

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1787
         of 24 October 2019
         amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station
         (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 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 (1), and in particular Article 53(1)(b)(ii) thereof,
         Whereas:

                     (1)

                     Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

                     (2)

                     Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission Implementing Regulation (EU) No 297/2011 (2) was adopted. That Regulation was replaced by Commission Implementing Regulation (EU) No 961/2011 (3) which was later replaced by Commission Implementing Regulation (EU) No 284/2012 (4). The latter was replaced by Commission Implementing Regulation (EU) No 996/2012 (5) which was later replaced by Commission Implementing Regulation (EU) No 322/2014 (6) and which was in turn replaced by Commission Implementing Regulation (EU) 2016/6 (7).

                     (3)

                     Since Implementing Regulation (EU) 2016/6, as amended by Commission Implementing Regulation (EU) 2017/2058 (8) provides that the measures provided therein are to be reviewed by 30 June 2019 and in order to take into account further development of the situation and occurrence data for 2017 and 2018 on radioactivity in feed and food, it is appropriate to amend Implementing Regulation (EU) 2016/6.

                     (4)

                     The existing measures have been reviewed taking into account more than 100 000 occurrence data on radioactivity in feed and food other than beef and more than 534 000 occurrence data on radioactivity in beef, provided by the Japanese authorities concerning the seventh and eight growing season (January 2017 until December 2018) after the accident.

                     (5)

                     The data submitted by the Japanese authorities for 2017 and 2018 provide evidence that no exceedance of the maximum levels of radioactivity were observed in feed and food originating from Chiba, Tochigi and Iwate during the eighth growing season after the accident and it is no longer necessary to require the sampling and analysis of feed and food originating in the prefectures of Chiba, Tochigi and Iwate regarding the presence of radioactivity before export to the Union.

                     (6)

                     For feed and food products originating in the prefecture of Fukushima, taking into account the occurrence data provided by the Japanese authorities for 2017 and 2018, it is appropriate to lift the requirement of sampling and analysis before export to the Union for soybeans, giant butterbur, bracken, Japanese royal fern and ostrich fern and products derived thereof. For the other feed and food originating in that prefecture, it is appropriate to maintain the requirement of sampling and analysis before export to the Union.

                     (7)

                     As regards the prefectures of Miyagi, Ibaraki and Gunma, it is currently required to sample and analyse mushrooms, fishery products and certain edible wild plants and derived products thereof, before export to the Union. The occurrence data for the eighth growing season provide evidence that it is appropriate to no longer require sampling and analysis before export to the Union for fish and fishery products and certain edible wild plants and derived products thereof from the prefectures of Miyagi, Ibaraki and Gunma and also for mushrooms from the prefecture of Ibaraki. With regard to edible wild plants and derived products thereof, the sampling and analysis should no longer be required for bamboo shoots for the prefectures Ibaraki and Gunma, but it should be maintained for the prefecture Miyagi; and the sampling and analysis should no longer be required for Ostrich fern and Japanese royal fern for the prefecture Miyagi. On the other hand, non-compliances have been found in Aralia spp. from the prefecture Gunma during the eighth growing season and therefore it is appropriate to require sampling and analysis for Aralia spp. and derived products thereof from the prefecture Gunma before its export to the Union.

                     (8)

                     As regards the prefectures of Nagano and Niigata, it is currently required to sample and analyse mushrooms and certain edible wild plants and the processed and derived products thereof before export to the Union. The occurrence data for the eight growing season provide evidence that it is appropriate to no longer require sampling and analysis before export to the Union for mushrooms for both prefectures and also for the edible wild plants Ostrich fern, Japanese royal fern and Aralia spp, and derived products thereof from the prefecture of Nagano.

                     (9)

                     The occurrence data from the seventh and eighth growing season provide evidence that it is appropriate to maintain the requirement for sampling and analysis before export to the Union for mushrooms and koshiabura and derived products thereof originating from the prefectures of Shizuoka, Yamanashi and Yamagata.

                     (10)

                     Taking into account the occurrence data from the seventh and eighth growing season, it is appropriate to structure the provisions of Implementing Regulation (EU) 2016/6 in a manner that prefectures of which the same feed and food has to be sampled and analysed before export to the Union are grouped together.

                     (11)

                     The controls performed at import show that the special conditions provided for by Union law are correctly implemented by the Japanese authorities and non-compliance has not been found at import controls for more than seven years. Therefore, it is appropriate to keep the low frequency of controls at import.

                     (12)

                     It is appropriate to provide for a review of the provisions of Implementing Regulation (EU) 2016/6 when the results of sampling and analysis on the presence of radioactivity of feed and food of the ninth and tenth growing season (2019 and 2020) after the accident are available, i.e. by 30 June 2021.

                     (13)

                     Implementing Regulation (EU) 2016/6 should therefore be amended accordingly.

                     (14)

                     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
            Implementing Regulation (EU) 2016/6 is amended as follows:

                        (1)

                        Article 5(4) is replaced by the following:

                                    ‘4.

                                    Fish and fishery products referred to in Annex II, caught or harvested in the coastal waters of the prefecture of Fukushima shall be accompanied by a declaration referred to in paragraph 1 and by an analytical report containing the results of sampling and analysis, irrespective of where such products are landed.’;

                        (2)

                        Article 14 is replaced by the following:
                        ‘Article 14

                           Review

                        This Regulation shall be reviewed before 30 June 2021.’;

                        (3)

                        Annex II is replaced by the text set out in Annex I to this Regulation;

                        (4)

                        Annex III is replaced by the text set out in Annex II to this Regulation.

            Article 2
            Transitional provision
            Consignments of feed and food falling under the scope of Implementing Regulation (EU) 2016/6 which left Japan prior to the entry into force of this Regulation may be imported into the Union under the conditions laid down by Implementing Regulation (EU) 2016/6 prior to the entry into force of this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 31, 1.2.2002, p. 1.

            (2)  Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 80, 26.3.2011, p. 5).

            (3)  Commission Implementing Regulation (EU) No 961/2011 of 27 September 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Regulation (EU) No 297/2011
         (OJ L 252, 28.9.2011, p. 10).

            (4)  Commission Implementing Regulation (EU) No 284/2012 of 29 March 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 961/2011 (OJ L 92, 30.3.2012, p. 16).

            (5)  Commission Implementing Regulation (EU) No 996/2012 of 26 October 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284/2012 (OJ L 299, 27.10.2012, p. 31).

            (6)  Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 95, 29.3.2014, p. 1).

            (7)  Commission Implementing Regulation (EU) 2016/6 of 5 January 2016 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No0 322/2014
         (OJ L 3, 6.1.2016, p. 5).

            (8)  Commission Implementing Regulation (EU) 2017/2058 of 10 November 2017 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 294, 11.11.2017, p. 29).

            ANNEX I
            Annex II to Implementing Regulation (EU) 2016/6 is replaced by the following:

                     ‘ANNEX II

                        Food and feed for which sampling and analysis regarding the presence of caesium-134 and caesium-137 are required before export to the Union

                     (a)   products originating in the prefecture of Fukushima:

                                 —

                                 mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                 —

                                 fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

                                             —

                                             Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                             —

                                             greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                             —

                                             Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                             —

                                             white trevally (Pseudocaranx dentex) falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

                                             —

                                             Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 14 41, ex 1604 14 48 and ex 1604 20 70;

                                             —

                                             Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

                                 —

                                    Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                 —

                                 bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 07 09 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

                                 —

                                 koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                 —

                                 (Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes 0810 70 00, ex 0811 90, ex 0812 90 and ex 0813 50;

                           (b)   products originating in the prefecture of Miyagi

                                 —

                                 mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                 —

                                    Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                 —

                                 bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 07 09 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

                                 —

                                 bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                 —

                                 koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (c)   products originating in the prefecture of Gunma

                                 —

                                 mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                 —

                                    Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                                 —

                                 koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (d)   products originating in the prefectures of Yamanashi, Yamagata or Shizuoka:

                                 —

                                 mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

                                 —

                                 koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (e)   products originating in the prefectures of Ibaraki, Nagano or Niigata:

                                 —

                                 koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

                           (f)   compound products containing more than 50 % of the products listed under points (a) to (e) of this Annex.

               ’

            ANNEX II
            Annex III to Implementing Regulation (EU) 2016/6 is replaced by the following:

                     ‘ANNEX III

                        Declaration for the import into the Union of

                     …(Product and country of origin)

                        Batch Identification Code …Declaration Number …
                     In accordance with Commission Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station the
                     …
                     (authorised representative referred to in paragraph 2 or 3 of Article 6 of Implementing Regulation (EU) 2016/6)
                     DECLARES that the ……(products referred to in Article 5(1) of Implementing Regulation (EU) 2016/6) of this consignment composed of ……(description of consignment, product, number and type of packages, gross or net weight) embarked at …(embarkation place) on …(date of embarkation) by …(identification of transporter) going to …(place and country of destination) which comes from the establishment … …(name and address of establishment)
                     is compliant with the legislation in force in Japan as regards the maximum levels for the sum of caesium-134 and caesium-137.
                     DECLARES that the consignment concerns:

                                 ☐

                                 products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, which have been harvested and/or processed before 11 March 2011;

                                 ☐

                                 products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, which do not originate in and are not consigned from one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, for which the sampling and analysis of this product is required;

                                 ☐

                                 products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, which are consigned from but do not originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787 for which the sampling and analysis of this product is required and have not been exposed to radioactivity during transiting;

                                 ☐

                                 products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, which originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787, for which the sampling and analysis of this product is required, and have been sampled on …(date) and subjected to laboratory analysis on …(date) in the …(name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;

                                 ☐

                                 products referred to in Annex II to Implementing Regulation (EU) 2016/6 as amended by Implementing Regulation (EU) 2019/1787 of unknown origin or a derived product thereof or a compound feed or food containing more than 50 % of those products as (an) ingredient(s) of unknown origin, which have been sampled on …(date) and subjected to laboratory analysis on …(date) in the …(name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached.

                           Done at …on …
                     Stamp and signature of the authorised representative referred to in Article 6(2) or (3) of Implementing Regulation (EU) 2016/6

               ’


title: Commission Implementing Regulation (EU) 2020/502 of 6 April 2020 on certain commercial policy measures concerning certain products originating in the United States of America

text:
                  7.4.2020

                  EN

                  Official Journal of the European Union

                  L 109/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/502
         of 6 April 2020
         on certain commercial policy measures concerning certain products originating in the United States of America
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules (1), and in particular Article 4(1) thereof,
         Whereas:

                     (1)

                     On 24 January 2020 the United States of America ("United States") adopted safeguard measures in the form of a tariff increase on imports of certain derivative aluminium products and certain derivative steel products, effective from 8 February 2020, with an unlimited duration.

                     (2)

                     Notwithstanding the United States' characterisation of these measures as security measures, they are in essence safeguard measures. They consist of remedial action that disturbs the balance of concessions and obligations resulting from the Agreement Establishing the World Trade Organization ("WTO") and restricts imports for the purpose of protecting domestic industry against foreign competition, for the sake of that industry's commercial prosperity. The security exceptions of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") do not apply to or justify such safeguard measures, and have no bearing on the right of rebalancing under the relevant provisions of the WTO Agreement.

                     (3)

                     The WTO Agreement on Safeguards provides for the right of any exporting Member affected by a safeguard measure to suspend the application of substantially equivalent obligations under the GATT 1994 to the trade of the WTO Member applying the safeguard measure, provided that no satisfactory solution is reached in consultations between those Members and that the WTO Council for Trade in Goods does not disapprove.

                     (4)

                     Consultations between the United States and the Union as envisaged in Articles 8 and 12.3 of the WTO Agreement on Safeguards did not result in any satisfactory solution (2).

                     (5)

                     The suspension by the Union of substantially equivalent concessions or other obligations should take effect following the expiration of 30 days after its notification to the Council for Trade in Goods, unless the Council for Trade in Goods disapproves.

                     (6)

                     The WTO Agreement allows for the right of suspension to be exercised (a) immediately, provided that the safeguard measure has not been taken as a result of an absolute increase in imports, or does not conform to the relevant provisions of the WTO Agreement, or (b) after the expiry of a period of three years as from the application of the safeguard measure.

                     (7)

                     The United States' safeguard measures are capable of having a considerable negative economic impact on the Union industries concerned. They would significantly limit Union exports of the relevant derivative aluminium products and the relevant derivative steel products to the United States. The affected Union imports of the relevant derivative aluminium and steel products into the United States are worth nearly EUR 40 million in 2019.

                     (8)

                     Therefore, a suspension of trade concessions in the form of an increase in customs duties on selected products originating in the United States imported into the Union, which reflect and do not exceed the amount that would result from the application of the United States' duties to the imports of the relevant derivative aluminium products and the relevant derivative steel products from the Union into the United States, represents an appropriate suspension of the application of substantially equivalent trade concessions in line with the WTO Agreement on Safeguards.

                     (9)

                     The Commission exercises the right to rebalance concessions in the trade relations with third countries on the basis of Article 4(1) of Regulation (EU) No 654/2014. The appropriate action takes the form of commercial policy measures, which should consist of the suspension of tariff concessions and the imposition of new or increased customs duties.

                     (10)

                     In designing and selecting these measures, the Commission has applied objective criteria in accordance with Article 4(2)(c) and Article 4(3) of Regulation (EU) No 654/2014, including as relevant the proportionality of any measures, their potential to provide relief to the Union industries affected by the safeguard measures, and the aim of minimising negative economic impact on the Union. In line with Article 9 of Regulation (EU) No 654/2014, the Commission has provided an opportunity for stakeholders to express their views and submit information regarding the relevant Union's economic interests (3).

                     (11)

                     Accordingly, the Commission has ensured that the additional customs duties are proportionate to the effect of the United States' safeguard measures and not excessive, as described in recitals (8), (16) and (18).

                     (12)

                     Furthermore, the selected measures have the potential to provide some relief to the Union steel and aluminium industries affected by the United States' safeguard measures.

                     (13)

                     Finally, these measures concern imports of products originating in the United States on which the Union is not substantially dependent for its supply. This approach avoids as much as possible a negative impact on the various actors on the Union market, including consumers.

                     (14)

                     Reflecting the timing requirements described in recital (6), and absent disapproval by the Council for Trade in Goods as referred to in recital (5), the additional customs duties should apply in two stages.

                     (15)

                     At the first stage, an ad valorem duty of 20 % and 7 % on imports of the products specified in Article 1(2)(a), should be applied from 8 May 2020 and until the United States ceases to apply its safeguard measures to products from the Union.

                     (16)

                     The total amount of ad valorem duties at the first stage reflects the United States' tariff increase of 10 % and 25 % on imports of bumper stampings of aluminium, comprising parts and accessories of the motor vehicles of headings 8701 to 8705, and bumper stampings of steel, comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (both described in HTS (4) code 8708 10 30), and body stampings of aluminium for tractors suitable for agricultural use and body stampings of steel for tractors suitable for agricultural use (both described in HTS code 8708 29 21) (5) from the Union into the United States (EUR 19 million total value of Union imports into the United States in 2019). These are the products for which the United States' safeguard measures have not been taken as a result of an absolute increase in imports.

                     (17)

                     At the second stage, a further additional ad valorem duty of 4,4 % on imports of the product specified in Article 1(2)(b), should be applied as from 8 February 2023 or upon the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States' safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier, until the United States' safeguard measures cease to apply.

                     (18)

                     The total amount of ad valorem duties at the second stage reflects the United States' tariff increase of 10 % and 25 % on imports of the rest of the relevant products from the Union into the United States (6) (EUR 21 million total value of Union imports into the United States in 2019). These are the products for which the United States’ safeguard measures may have been taken as a result of an absolute increase in imports.

                     (19)

                     The Commission may amend this Regulation to account for any modification of or amendment to the United States' safeguard measures, including through product or company exclusion.

                     (20)

                     This Regulation is without prejudice to the question of the consistency of the United States' safeguard measures with the relevant provisions of the WTO Agreement.

                     (21)

                     In light of the applicable WTO time limits, it is appropriate that this act should enter into force on the day on which it is published in the Official Journal of the European Union.

                     (22)

                     The measures provided for in this Regulation are in accordance with the opinion of the Trade Barriers Committee, established by Regulation (EU) 2015/1843 of the European Parliament and of the Council (7),

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The Commission shall immediately, and in any event no later than 7 April 2020, give written notice to the WTO Council for Trade in Goods that, absent disapproval by the Council for Trade in Goods, the Union suspends, from 8 May 2020, the application to the trade of the United States of import duty concessions under the GATT 1994 in respect of the products listed in paragraph 2.

               2.   As a consequence, the Union shall apply additional customs duties on imports into the Union of the products listed below and originating in the United States, as follows:

                           (a)

                           At the first stage, additional ad valorem duties of 20 % and 7 % shall be applied from 8 May 2020 on imports of the products specified as follows:

                                       CN code (8)

                                       Additional ad valorem duty

                                       9613 80 00

                                       20 %

                                       3926 30 00

                                       7 %

                           (b)

                           At the second stage, an additional ad valorem duty of 4,4 % shall be further applied on imports of the product specified as follows, from:

                                       —

                                       8 February 2023; or

                                       —

                                       the fifth day following the date of the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States' safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier. In the latter event, the Commission shall publish in the Official Journal of the European Union a notice indicating the date on which such ruling is adopted or notified:

                                                   CN code (9)

                                                   Additional ad valorem duty

                                                   9504 40 00

                                                   4,4 %

            Article 2
            The Union shall apply the additional customs duties provided for in Article 1 as long as, and to the extent that, the United States applies or re-applies its safeguard measures in a manner that would affect products from the Union. The Commission shall publish in the Official Journal of the European Union a notice indicating the date on which the United States has ceased to apply its safeguard measures.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 6 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 189, 27.6.2014, p. 50).

            (2)  Consultations were requested by the Union on 6 March 2020. Agreement has not been reached and the 30 days period for consultations referred to in Article 8 of the WTO Safeguards Agreement has expired.

            (3)  https://trade.ec.europa.eu/consultations/index.cfm?consul_id=264

            (4)  The Harmonised Tariff Schedule of the United States’ codes as referred to in Proclamation 9980 of January 24, 2020, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States, Federal Register vol. 85, no. 19, January 29, 2020 and the Annexes to it (https://www.whitehouse.gov/presidential-actions/proclamation-adjusting-imports-derivative-aluminum-articles-derivative-steel-articles-united-states/).

            (5)  Products referred to by Proclamation 9980 of January 24, 2020, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States, Federal Register vol. 85, no. 19, January 29, 2020 and the Annexes to it (https://www.whitehouse.gov/presidential-actions/proclamation-adjusting-imports-derivative-aluminum-articles-derivative-steel-articles-united-states/).

            (6)  Products referred to by Proclamation 9980 of January 24, 2020, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States, Federal Register vol. 85, no. 19, January 29, 2020 (https://www.whitehouse.gov/presidential-actions/proclamation-adjusting-imports-derivative-aluminum-articles-derivative-steel-articles-united-states/).

            (7)  Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification) (OJ L 272, 16.10.2015, p. 1).

            (8)  The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation, including most recently Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 280, 31.10.2019, p. 1).

            (9)  The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation, including most recently Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 280, 31.10.2019, p. 1).


title: Commission Implementing Regulation (EU) 2020/879 of 23 June 2020 amending Implementing Regulation (EU) No 897/2014 as regards specific provisions to align the provisions for the implementation of cross-border cooperation programmes financed under the European Neighbourhood Instrument with specific measures in response to the COVID-19 pandemic

text:
                  26.6.2020

                  EN

                  Official Journal of the European Union

                  L 203/59

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/879
         of 23 June 2020
         amending Implementing Regulation (EU) No 897/2014 as regards specific provisions to align the provisions for the implementation of cross-border cooperation programmes financed under the European Neighbourhood Instrument with specific measures in response to the COVID-19 pandemic
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (1), and in particular Article 12(1) thereof,
         Having regard to Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action (2), and in particular Article 6(2) thereof,
         Whereas:

                     (1)

                     The implementation of cross-border cooperation programmes both under the European Neighbourhood Instrument and the European territorial cooperation (ETC) goal in accordance with Commission Implementing Regulation (EU) No 897/2014 (3) has been affected by the consequences of the COVID-19 pandemic in an unprecedented manner. That exceptional situation needs to be addressed with specific measures, which should enable cross-border cooperation programmes under the European Neighbourhood Instrument to contribute to the response to the rapidly emerging needs in a flexible and effective way with regard to the most affected sectors, such as healthcare, business - including small and medium-sized enterprises - and labour market, and to foster the socio-economic recovery in the programmes’ areas.

                     (2)

                     Measures comparable to those introduced by Regulations (EU) 2020/460 (4) and (EU) 2020/558 (5) of the European Parliament and of the Council that are currently to apply to the cross-border cooperation programmes under the ETC goal should apply to the cross-border cooperation programmes under the European Neighbourhood Instrument.

                     (3)

                     With a view to alleviating the budgetary charges incumbent on the participating countries or beneficiaries of the EU assistance in the context of the COVID-19 pandemic, the co-financing rule shall not apply to the Union contribution concerning the expenditure incurred and paid as included in the programme annual accounts for the accounting year beginning on 1 July 2020 and ending on 30 June 2021.

                     (4)

                     Because of the accumulation of delays at the beginning of the programming period and further slowdown of the implementation of projects caused by the COVID-19 pandemic, the deadline of 31 December 2021 for signing all contracts other than already concluded large infrastructure projects should be extended by another year until 31 December 2022. For the same reasons, project activities financed by the programmes cannot be expected to end on 31 December 2022. That deadline should therefore be extended by another year until 31 December 2023.

                     (5)

                     Because of the different containment measures implemented in the participating countries, it may be difficult or even impossible for audit authorities to make on the spot audits and apply a statistical sampling method during a certain period. Therefore, as regards the accounting year from 1 July 2019 to 30 June 2020, audit authorities should be allowed to make use of a non-statistical sampling method.

                     (6)

                     The selection of the projects may be done through an award without a call for proposals in exceptional cases and with a due justification in the context of the COVID-19 pandemic. The procedural steps to be taken by the Commission should be shortened by not requiring the submission of the full project application to the Commission for the assessment of the project.

                     (7)

                     In Implementing Regulation (EU) No 897/2014 the term ‘final reports’ is used in two different contexts. That Implementing Regulation should therefore clearly distinguish between those final reports which cover the programme, on the one hand, and those final reports which concern the implementation of a specific project, on the other hand.

                     (8)

                     The eligibility of expenditure fostering the crisis response capacities in the context of the COVID-19 pandemic should be exceptionally allowed as of 1 February 2020.

                     (9)

                     Unlike Article 65(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (6), which sets out 31 December 2023 as the final date for eligibility of expenditure with regard to cross-border cooperation programmes financed under the ETC goal, Implementing Regulation (EU) No 897/2014 does not set out such a date linked to expenditure with regard to cross-border cooperation programmes under the European Neighbourhood Instrument, but sets out certain deadlines linked to the project cycle and project activities. In order to ensure consistency between the provisions of Regulation (EU) No 1303/2013 and Implementing Regulation (EU) No 897/2014, the implementation of both types of cross-border cooperation programmes should be aligned to the extent possible. However, for reasons of legal certainty, the period during which activities linked to the closure of the programme and of projects may be carried out, namely between 1 January 2024 and 30 September 2024, should not be shortened. It is therefore appropriate to continue allowing for the eligibility of such activities and the respective expenditure thereof between 1 January 2024 and 30 September 2024. With regard to those periods, it is appropriate to extend the period of execution of programmes by one year, namely until 31 December 2025.

                     (10)

                     In order to ensure legal certainty for participating countries, it is appropriate to align the specific arrangements and procedures for the final accounting year and for the programme closure with the provisions applicable to cross-border cooperation programmes under the ETC goal. In addition, full use of the Union contribution through cross-border cooperation programmes under the European Neighbourhood Instrument should be allowed to benefit from the additional flexibility provided for the calculation of the payment of the final balance at the end of the programming period.

                     (11)

                     Because of the urgency of the situation related to the COVID-19 pandemic, it is appropriate to provide for prompt application of the measures provided for in this Regulation, which should therefore enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (12)

                     Implementing Regulation (EU) No 897/2014 should therefore be amended accordingly.

                     (13)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Regulation (EU) No 232/2014,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 897/2014 is amended as follows:

                        (1)

                        in Article 12, the following paragraph 4 is added:

                           ‘4.   By way of derogation from paragraphs 1 and 2, and in accordance with Article 6(1), no co-financing of the Union contribution shall be required for expenditure incurred and paid as included in the programme annual accounts for the accounting year from 1 July 2020 to 30 June 2021.’;

                        (2)

                        in Article 15, ‘31 December 2024’ is replaced by ‘31 December 2025’;

                        (3)

                        Article 18 is amended as follows:

                                    (a)

                                    in paragraph 2, ‘31 December 2021’ is replaced by ‘31 December 2022’;

                                    (b)

                                    in paragraph 3, ‘31 December 2022’ is replaced by ‘31 December 2023’;

                        (4)

                        in Article 19, paragraph 1 is replaced by the following:

                           ‘1.   Only activities linked to the closure of projects by beneficiaries in accordance with point (a)(iii) of Article 48(2) or linked to the closure of programmes under technical assistance may be carried out between 1 January 2024 and 30 September 2024.’;

                        (5)

                        in Article 28, the following paragraph 1a is inserted:

                           ‘1a.   For the purposes of paragraph 1, the COVID-19 pandemic shall constitute a duly justified case that the audit authority may invoke based on their professional judgement to use a non-statistical sampling method for the accounting year from 1 July 2019 to 30 June 2020.’;

                        (6)

                        Article 41 is amended as follows:

                                    (a)

                                    in paragraph 1, the following point (c) is inserted:

                                                ‘(c)

                                                the project is implemented in order to foster crisis response capacities in the context of the COVID-19 pandemic.’;

                                    (b)

                                    the following paragraph 4a is inserted:

                                       ‘4a.   By way of derogation to the procedure set out in paragraph 4, projects proposed for selection without a call for proposals under point (c) of paragraph 1 shall be assessed by the Commission on the basis of a project summary. The Commission shall notify its assessment to the managing authority within two months of the document submission date. This deadline may be extended where necessary. In case of a negative assessment the Commission shall notify the managing authority of its reasons.’;

                        (7)

                        Article 48 is amended as follows:

                                    (a)

                                    in paragraph 2, points (ii) and (iii) are replaced by the following:

                                                ‘(ii)

                                                costs incurred should be paid before the submission of the final project reports. They may be paid afterwards, provided they are listed in the final report together with the estimated date of payment;

                                                (iii)

                                                an exception is made for costs relating to final project reports, including expenditure verification, audit and final evaluation of the project, which may be incurred after the implementation period of the project;’;

                                    (b)

                                    the following paragraph 2a is inserted:

                                       ‘2a.   Notwithstanding Article 19(1), expenditure shall not be eligible for the Union contribution, where it is paid after 31 December 2023.’;

                                    (c)

                                    the following paragraph 3a is inserted:

                                       ‘3a.   By way of derogation from paragraph 3, costs of projects fostering crisis response capacities in the context of the COVID-19 pandemic shall be eligible as of 1 February 2020.’;

                        (8)

                        Article 64 is replaced by the following:

                           ‘Article 64
                           Payment of the final balance

                              1.   The managing authority shall submit the payment request of the final balance accompanied by the documents referred to in Article 68 and Article 77(5).

                              2.   The final balance shall be paid no later than three months after the date of clearance of accounts of the final accounting year or one month after the date of acceptance of the final implementation report, whichever date is later.

                              3.   Payment of the final balance for the programme in the final accounting year may exceed up to 10 % of the Union contribution for each thematic objective as laid down in the Commission implementing decision approving the programme.
                              The Union contribution through payment of the final balance in the final accounting year shall not exceed the total Union contribution to each programme as laid down in the Commission implementing decision approving the programme.’;

                        (9)

                        Article 77 is amended as follows:

                                    (a)

                                    in paragraph 5, ‘30 September 2024’ is replaced by ‘15 February 2025’;

                                    (b)

                                    the following paragraph 6 is added:

                                       ‘6.   The deadlines set out in paragraphs 1 and 5 may exceptionally be extended by the Commission to 1 March, upon communication by the managing authority 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, 23 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 77, 15.3.2014, p. 27.

            (2)  OJ L 77, 15.3.2014, p. 95.

            (3)  Commission Implementing Regulation (EU) No 897/2014 of 18 August 2014 laying down specific provisions for the implementation of cross-border cooperation programmes financed under Regulation (EU) No 232/2014 of the European Parliament and the Council establishing a European Neighbourhood Instrument (OJ L 244, 19.8.2014, p. 12).

            (4)  Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L 99, 31.3.2020, p. 5).

            (5)  Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak (OJ L 130, 24.4.2020, p. 1).

            (6)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).


title: Commission Implementing Regulation (EU) 2020/880 of 24 June 2020 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  26.6.2020

                  EN

                  Official Journal of the European Union

                  L 203/63

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/880
         of 24 June 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 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, 24 June 2020.

                  For the Commission,

                  On behalf of the President,

               Wolfgang BURTSCHER

                  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

                                 136,1

                                 0

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 251,1
                                 189,6
                                 249,6
                                 240,9

                                 15
                                 35
                                 15
                                 18

                                 AR
                                 BR
                                 CL
                                 TH

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 199,7

                                 26

                                 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) 2020/881 of 25 June 2020 accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China by Implementing Regulation (EU) 2019/1198

text:
                  26.6.2020

                  EN

                  Official Journal of the European Union

                  L 203/65

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/881
         of 25 June 2020
         accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China by Implementing Regulation (EU) 2019/1198
         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 the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (the ‘basic Regulation’),
         Having regard to Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (2) (‘the original Regulation’), and, in particular, Article 2 thereof,
         Whereas:
         A.   MEASURES IN FORCE

                     (1)

                     On 13 May 2013, the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware (‘the product concerned’) originating in the People’s Republic of China (the PRC) by Council Implementing Regulation (EU) No 412/2013 (3).

                     (2)

                     On 12 July 2019, following an expiry review pursuant to pursuant to Article 11(2) of the basic Regulation, the Commission extended the measures for another five years by Implementing Regulation (EU) 2019/1198.

                     (3)

                     On 28 November 2019, following an anti-circumvention investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission amended Regulation (EU) 2019/1198 by Commission Implementing Regulation (EU) 2019/2131 (4).

                     (4)

                     In the original investigation, sampling was applied for investigating the exporting producers in the PRC in accordance with Article 17 of Regulation (EU) 2016/1036.

                     (5)

                     The Commission imposed individual anti-dumping duty rates ranging from 13,1 % to 23,4 % on imports of the product concerned for the sampled exporting producers. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9 % was imposed. The cooperating exporting producers not included in the sample are listed in Annex I of Implementing Regulation (EU) 2019/2131. Furthermore, a country-wide duty rate of 36,1 %. was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation.

                     (6)

                     Pursuant to Article 2 of Implementing Regulation (EU) 2019/1198, the Commission may amend Annex I of that Regulation, by granting a new exporting producer the duty rate applicable to the cooperating companies not sampled or not granted individual treatment, namely the weighted average duty rate of 17,9 %, where any new exporting producer in the PRC provides sufficient evidence to the Commission that:

                                 (a)

                                 it did not export to the Union the product concerned during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’);

                                 (b)

                                 it is not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures imposed by the original Regulation; and

                                 (c)

                                 it has actually exported to the Union the product concerned after the end of the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

               B.   REQUEST FOR NEW EXPORTING PRODUCER TREATMENT

                     (7)

                     The group of related companies Huatai Ceramics Industry Limited, Hunan, China and Kerun Ceramics Manufactory Ltd. (‘Huatai and Kerun’ or the ‘applicant’), submitted a request to the Commission to be granted new exporting producer treatment (‘NEPT’) and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, which is 17,9 %. The applicant claimed that it met all three conditions set out in Article 2 of the original Regulation.

                     (8)

                     In order to determine whether the applicant fulfilled the conditions for being granted NEPT, as set out in Article 2 of the original Regulation (‘the NEPT conditions’), the Commission first sent a questionnaire to the applicant requesting evidence showing that it met the NEPT conditions.

                     (9)

                     Following the analysis of the questionnaire reply, the Commission requested further information and supporting evidence, which was submitted by the applicant.

                     (10)

                     The Commission sought to verify all information it deemed necessary for the purpose of determining whether the applicant met the NEPT conditions. To this end, the Commission analysed the evidence submitted by the applicant in its questionnaire reply, consulting various online databases including Orbis (5) and Qichacha (6) and cross-checking company information with information submitted in previous cases. In parallel, the Commission also informed the Union industry about the applicant’s request and invited it to provide any comments if needed. No comments from Union industry were received.

               C.   ANALYSIS OF THE REQUEST

                     (11)

                     With regard to the condition set out in Article 2(a) of the original Regulation that the applicant did not export the product concerned to the Union during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’), the Commission established that the applicant indeed did not export to the EU during the IP. Huatai was established in September 2010 as a domestic seller of ceramics. Its articles of association show that it did not have an export license until March 2012 and was not able to produce the product concerned until December 2012, which is after the IP. Kerun was established in October 2004. It did not obtain a license to produce the product concerned until July 2018 and did not get an export license until May 2019, both of which are after the IP. Therefore, the applicant fulfils this condition.

                     (12)

                     With regard to the condition set out in Article 2(b) of the original Regulation that the applicant is not related to any exporters or producers which are subject to the anti-dumping measures imposed by the original Regulation, the Commission established that the applicant was related to one of its main customers, the Malaysian trading company Fluxline Trading SDN BHD. However, this company is not located in the PRC and was not subject to the anti-dumping measures imposed by the original Regulation. No other relationships as defined by Commission Implementing Regulation (EU) 2015/2447 (7) were identified. Therefore, the applicant fulfils this condition.

                     (13)

                     With regard to the condition set out in Article 2(c) of the original Regulation, that the applicant has actually exported the product concerned to the Union after the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union, the Commission established that the applicant had exported to the Union in 2019, therefore after the original investigation period. The applicant submitted invoices, a packing list, a bill of lading and a receipt of payment for an order placed in 2019 by a company in Austria. Therefore, the applicant fulfils this condition.

                     (14)

                     Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article 2 of the original Regulation and the request should therefore be accepted. Consequently, the applicant should be subject to an anti-dumping duty of 17,9 % for cooperating companies not included in the sample of the original investigation.

               D.   DISCLOSURE

                     (15)

                     The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Huatai Ceramics Industry Limited, Hunan, China and Kerun Ceramics Manufactory Ltd. (‘Huatai and Kerun’).

                     (16)

                     The parties were granted the possibility to submit comments. No comments were received.

                     (17)

                     The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The following company is added to the list of cooperating companies not included in the sample of Implementing Regulation (EU) 2019/1198, and specifically to Annex I of Implementing Regulation (EU) 2019/1198:

                        Company

                        TARIC
                        additional code

                        ‘Huatai Ceramics Industry Limited, Hunan, China and Kerun Ceramics Manufactory Ltd.

                        C551’

            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, 25 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  OJ L 189, 15.7.2019, p. 8.

            (3)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ L 131, 15.5.2013, p. 1).

            (4)  Commission Implementing Regulation (EU) 2019/2131 of 28 November 2019 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware 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 (OJ L 321, 12.12.2019, p. 139).

            (5)  Orbis is a global data provider of corporate information covering more than 220 million companies across the globe. It mainly provides standardised information on private companies and corporate structures.

            (6)  Qichacha is a private, for-profit Chinese-owned database that delivers business data, credit information, and analytics on China-based private and public companies to consumers/professionals.

            (7)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558). Article 127 stipulates that two persons shall be deemed to be related if one of the following conditions is fulfilled: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns or controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; (h) they are members of the same family. Persons who are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other shall be deemed to be related only if they fall within the criteria referred to in the preceding sentence.


title: Commission Implementing Regulation (EU) 2020/882 of 25 June 2020 accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China by Implementing Regulation (EU) 2019/1198

text:
                  26.6.2020

                  EN

                  Official Journal of the European Union

                  L 203/68

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/882
         of 25 June 2020
         accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China by Implementing Regulation (EU) 2019/1198
         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 the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (the ‘basic Regulation’),
         Having regard to Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (2) (‘the original Regulation’), and, in particular, Article 2 thereof,
         Whereas,
         A.   MEASURES IN FORCE

                     (1)

                     On 13 May 2013, the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware (‘the product concerned’) originating in the People’s Republic of China (the PRC) by Council Implementing Regulation (EU) No 412/2013 (3).

                     (2)

                     On 12 July 2019, following an expiry review pursuant to pursuant to Article 11(2) of the basic Regulation, the Commission extended the measures for another five years by Implementing Regulation (EU) 2019/1198.

                     (3)

                     On 28 November 2019, following an anti-circumvention investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission amended Regulation (EU) 2019/1198 by Commission Implementing Regulation (EU) 2019/2131 (4).

                     (4)

                     In the original investigation, sampling was applied for investigating the exporting producers in the PRC in accordance with Article 17 of the basic Regulation.

                     (5)

                     The Commission imposed individual anti-dumping duty rates ranging from 13,1 % to 23,4 % on imports of the product concerned for the sampled exporting producers. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9 % was imposed. The cooperating exporting producers not included in the sample are listed in Annex I to Regulation (EU) 2019/2131. Furthermore, a country-wide duty rate of 36,1 %. was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation.

                     (6)

                     Pursuant to Article 2 of the original Regulation, the Commission may amend Annex I to that Regulation, by granting a new exporting producer the duty rate applicable to the cooperating companies not sampled or not granted individual treatment, namely the weighted average duty rate of 17,9 %, where any new exporting producer in the PRC provides sufficient evidence to the Commission that:

                                 (a)

                                 it did not export to the Union the product concerned during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’);

                                 (b)

                                 it is not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures imposed by the original Regulation; and

                                 (c)

                                 it has actually exported to the Union the product concerned after the end of the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

               B.   REQUEST FOR NEW EXPORTING PRODUCER TREATMENT

                     (7)

                     The company Hunan Huazhi Ceramic Co., Ltd. (‘Huazhi’ or the ‘applicant’) submitted a request to the Commission to be granted new exporting producer treatment (‘NEPT’) and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, which is 17,9 %. The applicant claimed that it met all three conditions set out in Article 2 of the original Regulation.

                     (8)

                     In order to determine whether the applicant fulfilled the conditions for being granted NEPT, as set out in Article 2 of the original Regulation (‘the NEPT conditions’), the Commission first sent a questionnaire to the applicant requesting evidence showing that it met the NEPT conditions.

                     (9)

                     Following the analysis of the questionnaire reply, the Commission requested further information and supporting evidence, which was submitted by the applicant.

                     (10)

                     The Commission sought to verify all information it deemed necessary for the purpose of determining whether the applicant met the NEPT conditions. To this end, the Commission analysed the evidence submitted by the applicant in its questionnaire reply, consulting various online databases including Orbis (5) and Qichacha (6) and cross-checking company information with information submitted in previous cases. In parallel, the Commission also informed the Union industry about the applicant’s request and invited it to provide any comments if needed. No comments from Union industry were received.

               C.   ANALYSIS OF THE REQUEST

                     (11)

                     With regard to the condition set out in Article 2(a) of the original Regulation that the applicant did not export the product concerned to the Union during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’), the Commission established that the applicant did not exist as a company at the time. The Articles of Association of Huazhi date from October 2013 and its business license from November 2013. Therefore, the applicant could not have exported the product concerned to the Union during the period of investigation and thus fulfils this condition.

                     (12)

                     With regard to the condition set out in Article 2(b) of the original Regulation that the applicant is not related to any exporters or producers which are subject to the anti-dumping measures imposed by the original Regulation, the Commission established that the two shareholders of Huazhi had no other shareholdings. Although Huazhi had as one of its prime customers a Chinese producer of the product concerned subject to anti-dumping measures, no relationship as defined by Commission Implementing Regulation (EU) 2015/2447 (7) was identified between the two. Therefore, the applicant fulfils this condition.

                     (13)

                     With regard to the condition set out in Article 2(c) of the original Regulation, that the applicant has actually exported the product concerned to the Union after the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union, the Commission established that the applicant had exported to the Union in 2019, therefore after the original investigation period. The applicant submitted invoices, a packing list, a bill of lading and a receipt of payment for an order placed in 2019 by a company in France. Therefore, the applicant fulfils this condition.

                     (14)

                     Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article 2 of the original Regulation and the request should therefore be accepted. Consequently, the applicant should be subject to an anti-dumping duty of 17,9 % for cooperating companies not included in the sample of the original investigation.

               D.   DISCLOSURE

                     (15)

                     The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Hunan Huazhi Ceramic Co., Ltd. (‘Huazhi’).

                     (16)

                     The parties were granted the possibility to submit comments. No comments were received.

                     (17)

                     The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The following company is added to the list of cooperating companies not included in the sample of Implementing Regulation (EU) 2019/1198, and specifically to Annex I to Implementing Regulation (EU) 2019/1198:

                        Company

                        TARIC
                        additional code

                        Hunan Huazhi Ceramic Co., Ltd.

                        C550

            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, 25 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  OJ L 189, 15.7.2019, p. 8.

            (3)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ L 131, 15.5.2013, p. 1).

            (4)  Commission Implementing Regulation (EU) 2019/2131 of 28 November 2019 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware 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 (OJ L 321, 12.12.2019, p. 139).

            (5)  Orbis is a global data provider of corporate information covering more than 220 million companies across the globe. It mainly provides standardised information on private companies and corporate structures.

            (6)  Qichacha is a private, for-profit Chinese-owned database that delivers business data, credit information, and analytics on China-based private and public companies to consumers/professionals.

            (7)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558) Article 127 stipulates that two persons shall be deemed to be related if one of the following conditions is fulfilled: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns or controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; (h) they are members of the same family. Persons who are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other shall be deemed to be related only if they fall within the criteria referred to in the preceding sentence.