title: Commission Implementing Regulation (EU) 2015/2014 of 11 November 2015 laying down implementing technical standards with regard to the procedures and templates for the submission of information to the group supervisor and for the exchange of information between supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               12.11.2015

               EN

               Official Journal of the European Union

               L 295/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2014
   of 11 November 2015
   laying down implementing technical standards with regard to the procedures and templates for the submission of information to the group supervisor and for the exchange of information between supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 249(4) thereof,
   Whereas:

               (1)

               Without prejudice to other forms of cooperation and exchange of information that may occur bilaterally or multilaterally between supervisory authorities, procedures and templates are particularly necessary to facilitate an efficient and convergent exchange of information between the supervisory authorities in the college of supervisors since the college of supervisors should be the main platform for exchanging information among the supervisory authorities of a group.

               (2)

               Those procedures and templates are addressed to the supervisory authorities in the college of supervisors who decide as part of a coordination arrangement on the information needed for the activities of the college of supervisors and the modalities under which it should be exchanged pursuant to Article 357 of Commission Delegated Regulation (EU) 2015/35 (2).

               (3)

               Effective and efficient supervision requires that the exchange of information and the cooperation between supervisory authorities take into account the nature, scale and complexity of the group, the availability and type of information and the most recent and relevant data.

               (4)

               This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

               (5)

               The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (3),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Exchange of information between the supervisory authorities in the college of supervisors
   The supervisory authorities in the college of supervisors shall exchange information on a systematic basis, at least annually, and, where appropriate, on an ad hoc basis.
   Article 2
   Time-limit for information exchange
   1.   For any information exchange either on a systematic or on an ad hoc basis the supervisory authorities in the college of supervisors shall agree upon a time limit.
   2.   Deviations from the agreed time limit shall be communicated to the supervisory authorities concerned in advance with appropriate justification.
   Article 3
   Means of information exchange
   The supervisory authorities in the college of supervisors shall agree on a secured electronic form to exchange information as well as on the data format in which that information is to be exchanged.
   Article 4
   Currency
   Unless otherwise decided by the supervisory authorities in the college of supervisors as part of the coordination arrangement concluded in accordance with Article 248(4) of Directive 2009/138/EC, the supervisory authorities shall express amounts as part of an exchange of information within the college of supervisors in the currency in which the information was reported.
   Article 5
   Language
   Unless otherwise decided by the supervisory authorities in the college of supervisors as part of the coordination arrangement concluded in accordance with Article 248(4) of Directive 2009/138/EC, the supervisory authorities shall exchange information in the language most commonly understood in the college of supervisors.
   Article 6
   Overview of the information to be exchanged in the college of supervisors
   The group supervisor shall submit to the other supervisory authorities in the college of supervisors an overview of the information to be exchanged pursuant to Article 357 of Delegated Regulation (EU) 2015/35, using the template set out in Annex I to this Regulation.
   Article 7
   Submission of the main conclusions following the supervisory review process
   1.   The other supervisory authorities in the college of supervisors shall submit to the group supervisor the main conclusions drawn following the supervisory review process carried out at the level of the individual undertaking pursuant to Article 357(2)(c) of Delegated Regulation (EU) 2015/35, using the template set out in Annex II to this Regulation.
   2.   The group supervisor shall submit to the other supervisory authorities in the college of supervisors the main conclusions drawn following the supervisory review process carried out at group level pursuant to point (iii) of Article 357(3)(a) of Delegated Regulation (EU) 2015/35, using the template set out in Annex II to this Regulation.
   Article 8
   Cooperation and exchange of information between supervisory authorities outside the college of supervisors
   1.   Where a supervisory authority in the college of supervisors shares information which is relevant to the supervision of the group on a bilateral or multilateral basis with some of the other supervisory authorities in the college of supervisors, it shall report the information to the group supervisor within a reasonable time. The group supervisor shall ensure that the information is disseminated to all the other supervisory authorities concerned within the college of supervisors at or before the next meeting thereof.
   2.   Where a supervisory authority in the college of supervisors receives information from a third party which is relevant to the supervision of the group and shares this information with some of the other supervisory authorities in the college of supervisors, it shall, to the fullest extent possible, subject to any confidentiality restrictions imposed by the third party or by law, report the information to the group supervisor within a reasonable time. The group supervisor shall ensure that the information is disseminated to all the other supervisory authorities concerned within the college of supervisors at or before the next meeting thereof.
   Article 9
   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, 11 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 335, 17.12.2009, p. 1.

      (2)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

      (3)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

      ANNEX I

         Overview of the information to be exchanged in the college of supervisors

                     Type of information

                     Name of the undertaking

                     Solvency and financial condition report

                     Regular supervisory report

                     Quantitative reporting templates

                     Main conclusions of the supervisory review process

                     Other selected data

                  Participating undertaking

                  Element

                  Frequency

                  Deadline

                  Subsidiary

                  Element

                  Frequency

                  Deadline

                  Other related undertaking

                  Element

                  Frequency

                  Deadline

            Elements of information to be exchanged including relevant parts of narrative reports, relevant quantitative reporting templates, the main conclusions following the supervisory review process and other selected data as well as deadlines and frequency, as agreed in the college of supervisors, shall be specified in the overview.

      ANNEX II

         Submission of the main conclusions of the supervisory review process

                     Name of the individual undertaking or the group

                  Outcome of the risk assessment and the relevant planned supervisory activities

                  Description

                  Findings of on-site examinations/inspections and off-site activities

                  Description

                  Relevant supervisory measures

                  Description

            The main conclusions following the supervisory review process shall include the outcome of the risk assessment, the relevant planned supervisory activities, the findings from on-site examinations, on-site inspections and off-site activities and the relevant supervisory measures as agreed in the college of supervisors.


title: Commission Implementing Regulation (EU) 2016/2237 of 12 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.12.2016

               EN

               Official Journal of the European Union

               L 337/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2237
   of 12 December 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 December 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

         Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  106,0

                  TN

                  123,9

                  TR

                  109,6

                  ZZ

                  113,2

                  0707 00 05

                  MA

                  77,0

                  TR

                  166,4

                  ZZ

                  121,7

                  0709 93 10

                  MA

                  144,0

                  TR

                  161,6

                  ZZ

                  152,8

                  0805 10 20

                  TR

                  66,3

                  ZA

                  27,9

                  ZZ

                  47,1

                  0805 20 10

                  MA

                  68,8

                  ZZ

                  68,8

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

                  IL

                  112,8

                  JM

                  112,0

                  TR

                  81,5

                  ZZ

                  102,1

                  0805 50 10

                  TR

                  86,1

                  ZZ

                  86,1

                  0808 10 80

                  US

                  97,3

                  ZA

                  36,6

                  ZZ

                  67,0

                  0808 30 90

                  CN

                  89,2

                  ZZ

                  89,2

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 594/2014 of 3 June 2014 laying down implementing technical standards with regard to the format of the notification according to Article 17(1) of Regulation (EU) No 346/2013 of the European Parliament and of the Council on European social entrepreneurship funds  Text with EEA relevance

text:
               4.6.2014

               EN

               Official Journal of the European Union

               L 165/44

         COMMISSION IMPLEMENTING REGULATION (EU) No 594/2014
   of 3 June 2014
   laying down implementing technical standards with regard to the format of the notification according to Article 17(1) of Regulation (EU) No 346/2013 of the European Parliament and of the Council on European social entrepreneurship funds
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (1), and in particular Article 17(5) thereof,
   Whereas:

               (1)

               Article 17(1) of Regulation (EU) No 346/2013 requires the competent authority of the home Member State of a European social entrepreneurship fund (EuSEF) to notify host Member States and the European Securities and Markets Authority (ESMA) of events related to the passport of the managers of qualified social entrepreneurship funds. Article 22(3) of that Regulation also requires the competent authority of the home Member State inform the competent authorities of the host Member States of the removal of a manager of a EuSEF from the register.

               (2)

               Taking into account that a dedicated IT tool for that notification has not yet been developed by ESMA, the use of e-mail is the most appropriate format for this type of notification among competent authorities and to ESMA. Therefore, a list of relevant e-mail addresses should be established by ESMA and made known to all competent authorities.

               (3)

               This Regulation is based on draft implementing technical standards submitted by ESMA to the Commission.

               (4)

               Given the limited scope and impact of the format for notification and taking into account that only competent authorities are to use the specific form established, ESMA did not conduct public consultations relating to introducing this format notification. ESMA requested the opinion of the ESMA Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation determines the format for notification among competent authorities and to ESMA of the supervisory information relating to the events provided for in Articles 17(1) and 22(3) of Regulation (EU) No 346/2013.
   Article 2
   Format of the notification
   The competent authority of the home Member State of a European social entrepreneurship fund shall notify by e-mail the competent authorities of the host Member States and ESMA of the events set out in Articles 17(1) and 22(3) of Regulation (EU) No 346/2013 by filling in the form set out in the Annex to this Regulation.
   Article 3
   List of e-mail addresses
   Each competent authority shall communicate to ESMA the relevant e-mail address for notification of supervisory information.
   ESMA shall make known to all competent authorities the list of relevant e-mail addresses, including the relevant e-mail address of ESMA.
   Article 4
   Entry into force
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 115, 25.4.2013, p. 18.

      (2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 84).

      ANNEX
      Notification of registration of a European social entrepreneurship funds (EuSEF) manager or update of information already notified


title: Commission Implementing Regulation (EU) No 254/2012 of 22 March 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.3.2012

               EN

               Official Journal of the European Union

               L 84/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 254/2012
   of 22 March 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  CR

                  52,7

                  IL

                  188,6

                  JO

                  64,0

                  MA

                  45,8

                  TN

                  68,9

                  TR

                  90,6

                  ZZ

                  85,1

                  0707 00 05

                  JO

                  107,2

                  TR

                  206,0

                  ZZ

                  156,6

                  0709 91 00

                  EG

                  79,1

                  ZZ

                  79,1

                  0709 93 10

                  JO

                  225,1

                  MA

                  59,1

                  TR

                  128,8

                  ZZ

                  137,7

                  0805 10 20

                  BR

                  35,0

                  EG

                  47,2

                  IL

                  80,8

                  MA

                  51,2

                  TN

                  58,4

                  TR

                  67,2

                  ZZ

                  56,6

                  0805 50 10

                  EG

                  43,8

                  TR

                  46,7

                  ZZ

                  45,3

                  0808 10 80

                  AR

                  89,5

                  BR

                  86,3

                  CA

                  125,0

                  CL

                  90,8

                  CN

                  112,4

                  MK

                  31,8

                  US

                  159,9

                  UY

                  74,9

                  ZA

                  119,9

                  ZZ

                  98,9

                  0808 30 90

                  AR

                  92,2

                  CL

                  112,3

                  CN

                  63,0

                  ZA

                  92,7

                  ZZ

                  90,1

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


title: Council Implementing Regulation (EU) No 791/2011 of 3 August 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China

text:
               9.8.2011

               EN

               Official Journal of the European Union

               L 204/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 791/2011
   of 3 August 2011
   imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9(4) thereof,
   Having regard to the proposal submitted by the European Commission (‘the Commission’) after having consulted the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Provisional measures

               (1)

               By Regulation (EU) No 138/2011 (2) (‘the provisional Regulation’) the Commission imposed a provisional anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China (PRC).

               (2)

               The proceeding was initiated following a complaint lodged on 6 April 2010 by Saint-Gobain Vertex s.r.o., Tolnatext Fonalfeldolgozó és Müszakiszövetgyártó, Valmieras stikla šķiedra AS, and Vitrulan Technical Textiles GmbH (‘the complainants’), representing a major proportion, in this case more than 25 %, of the total Union production of certain open mesh fabrics of glass fibres.

               (3)

               As set out in recital 13 of the provisional Regulation, the investigation of dumping and injury covered the period from 1 April 2009 to 31 March 2010 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2006 to the end of the investigation period (‘period considered’).

         2.   Subsequent procedure

               (4)

               Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (‘provisional disclosure’), several interested parties made written submissions making known their views on the provisional findings. The parties who so requested were granted an opportunity to be heard.

               (5)

               The Commission continued to seek and verify all information it deemed necessary for its definitive findings. In addition to the verifications mentioned in recital 11 of the provisional Regulation, further verification visits were carried out at the premises of the following companies:

                           Exporting producer which had requested individual examination:

                                       —

                                       Yuyao Feitian Fiberglass Co. Ltd,

                           and its related trader:

                                       —

                                       Yuyao Winter International Trade Co. Ltd.

                           Unrelated importer in the Union:

                                       —

                                       Vimaplás – Tecidos Técnicos Lda., Portugal.

               (6)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty (‘final disclosure’). All parties were granted a period of time within which they could make representations subsequent to this final disclosure.

               (7)

               The oral and written comments submitted by the interested parties were considered and taken into account where appropriate.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

   1.   Product concerned

               (8)

               The product concerned is, as set out in recital 14 of the provisional Regulation, open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2 originating in the PRC (‘the product concerned’) and currently falling within CN codes ex 7019 40 00, ex 7019 51 00, ex 7019 59 00, ex 7019 90 91 and ex 7019 90 99.

               (9)

               After the imposition of provisional measures, a further analysis showed that the product concerned cannot be classified under three of the five CN codes referred to in recital 8. Therefore CN codes ex 7019 90 91, ex 7019 90 99 and ex 7019 40 00 should be removed from the description of the product concerned.

               (10)

               It is also recalled that, as explained in recital 16 of the provisional Regulation, one Chinese exporting producer requested clarification whether fibreglass discs are included in the product definition. The Union industry was of the opinion that fibreglass discs are a downstream product with different characteristics than those of the product concerned. However, it was decided to collect further information from interested parties before making a definitive conclusion on this issue.

               (11)

               Further to the provisional disclosure, evidence was submitted by the Union industry and the Federation of European Producers of Abrasives (‘FEPA’) representing the users of the fibreglass discs showing that there are a number of steps in the production process that have to be undertaken to convert glass fibre open mesh fabric into fibreglass discs. The physical shape of the disc is also different from the product concerned which is normally supplied in rolls (narrow or wide) and it is also normally intended for a different end use (reinforcement of grinding wheels). These arguments were shared by the Chinese exporting producer.

               (12)

               It is additionally noted that fibreglass discs were not produced or sold by any of the sampled exporting producers in the PRC or Union producers.

               (13)

               One Union producer of fibreglass discs which came forward after the imposition of provisional measures argued that fibreglass discs should not be excluded from the product scope. It claimed that fibreglass discs are not a downstream product but that a clear line between the product concerned and a downstream product should be drawn at the stage when open mesh rolls are coated. According to the company, the coating of open mesh rolls used in the construction sector is different from that of open mesh rolls that are later used for making fibreglass discs. In the latter case the rolls are coated with phenol resin. In other words, the chemical characteristics of open mesh rolls intended for making fibreglass discs are allegedly identical to those of the fibreglass discs. According to the company these types of open mesh rolls cannot be used in construction reinforcement, which is the main application of the product concerned. Therefore the company argued that if fibreglass discs were to be excluded from the product scope, open mesh rolls coated with phenol resin should also be excluded.

               (14)

               As explained in recital 13 the company came forward only after the imposition of provisional measures and thus did not provide verifiable data in support of its claims. As no data was available from the investigation with regard to the different types of coating used, the company’s claim could not be assessed in light of data obtained from the investigation. Moreover, regardless the coating, different types of open mesh rolls share the same basic physical characteristics and therefore open mesh rolls coated with phenol resin should not be excluded. This claim was therefore rejected.

               (15)

               Based on the data gathered during the investigation and the evidence submitted by the exporting producer mentioned in recital 10, the Union industry and FEPA in their comments to the provisional disclosure, the claim to exclude fibreglass discs from the product scope is hereby accepted. It is thus concluded that fibreglass discs as a downstream product do not share the same physical characteristics and have different uses as compared to open mesh fabrics and therefore should be excluded from the definition of the product concerned as defined in the provisional Regulation. Fibreglass discs are therefore definitively excluded from the proceeding.

         2.   Like product

               (16)

               In the absence of any other comments regarding the like product, recital 17 of the provisional Regulation is hereby confirmed.

         C.   DUMPING

   1.   Market Economy Treatment (MET)

               (17)

               As set out in recitals 18 to 32 of the provisional Regulation, it was initially proposed to grant MET to two companies but at a later stage of the proceeding it was decided to reverse this proposal after investigating allegations received concerning the MET status of the companies concerned which were found to be correct.

               (18)

               One exporting producer, to which Article 18 of the basic Regulation was applied, reiterated the arguments already brought forward when it was informed that the Commission intended to refuse MET. It argued again that the Articles of Association and the Joint Venture Contract received by the Commission were an old version which never entered into force and had therefore no impact on the findings of the company’s MET assessment.

               (19)

               As set out in recital 28 of the provisional Regulation, these arguments could not remove the doubts on the authenticity of the initial documents and information provided by the exporting producer in its MET Claim form submission.

               (20)

               With regard to the argument that the application of the Article 18(1) of the basic Regulation is disproportionate in this case, the Commission applies the provisions of this Article on a case-by-case basis according to the merits of each case. In the present proceeding the use of this Article has been considered appropriate as already indicated in recitals 26, 27 and 31 of the provisional Regulation, since the provision of the falsified documents casts doubts on all documents provided by the company.

               (21)

               The second exporting producer to which MET was refused but Individual Treatment (IT) granted instead, disputed the grounds on which the Commission had reversed its decision. They considered that there was no new compelling evidence that would significantly undermine the original findings to justify the repeal of the initial decision for granting MET. They argued that the inaccuracies and incompleteness found in their financial statements and not reported by the auditor had no material impact on the reliability of these accounts.

               (22)

               As set out in recital 30 of the provisional Regulation, these arguments could not remove the doubts as to the accuracy and completeness of the figures presented in the financial statements.

               (23)

               They also consider that the outcome of the investigation and their individual duty rate is unfair and disproportionate since the company has cooperated within the course of the proceeding and is subject to the highest duty rate like the non-cooperating companies and the company subject to Article 18 of the basic Regulation. In this regard it is noted that the company is subject to a duty which is the result of the usual methodology applied for companies granted IT.

               (24)

               In the absence of any other comments concerning MET, recitals 18 to 32 of the provisional Regulation are hereby confirmed.

         2.   Individual Examination (IE)

               (25)

               As set out in recital 37 of the provisional Regulation, a non-sampled group of related companies requested individual examination in accordance with Article 17(3) of the basic Regulation and replied to the MET claim form within the given deadline.

               (26)

               As mentioned in recital 5 a verification visit was carried out at the premises of the group of related companies and it was found that the companies did not meet criteria 1, 2 and 3 of Article 2(7)(c) of the basic Regulation.

               (27)

               With regard to criterion 1, the two related companies failed to provide sufficient evidence concerning the shareholders’ contribution to the companies’ capital. The shareholders took over the companies initially established with State funds without paying any contribution themselves. In addition, contrary to the requirements of the Articles of Association, no shareholders’ meetings were held, no minutes of these meetings were provided raising doubts whether business decisions were taken by the shareholders without any State interference. In light of the above, it is considered that the companies could not demonstrate that their business decisions are not made without significant State interference.

               (28)

               With regard to criterion 2, the investigation showed that the accounting records of two related companies were not audited in line with international accounting standards since they contained a number of accounting shortcomings and errors such as taxes booked/paid; continuous errors in dividends payable account; and missing depreciation were found which were not mentioned in the audit reports.

               (29)

               Concerning criterion 3, one related company failed to provide their Land Use Right Agreement, no booking in their accounts was found and no proof of payment was provided. The second company obtained a land use right from its related company at no cost which is not booked in its records and thus not depreciated.

               (30)

               In view of the above it was proposed to refuse MET to the group of companies that requested individual examination.

               (31)

               The Commission officially disclosed the results of the MET findings to the group of related companies concerned in the PRC and to the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard. No comments were received following disclosure of the MET findings.

         3.   Individual Treatment (IT)

               (32)

               It was provisionally established that one of the sampled exporting producer group of companies in the PRC to which MET was denied, met all the requirements for IT.

               (33)

               In addition, as set out in recital 35 of the provisional Regulation, the exporting producer to which MET was reversed, met the conditions of Article 9(5) of the basic Regulation to be granted IT instead.

               (34)

               The Union industry questioned the decision to grant IT to the company for which the decision to grant MET was reversed, claiming that the incomplete accounts and the discrepancies discredit the entire dataset of the company. However, it was found that the irregularities found in the accounts had no impact on the reliability of the export prices of the company. The claim of the Union industry was therefore rejected.

               (35)

               In view of the above, the initial conclusion that two of the three sampled exporting producers met all requirements for IT is therefore confirmed. Recitals 33 to 36 of the provisional Regulation with regard to IT are hereby confirmed.

               (36)

               In addition, the group of the two related companies that requested individual examination, also requested IT, should the investigation establish that they did not meet the conditions for MET. It was found that they fulfilled the conditions of Article 9(5) of the basic Regulation to be granted IT.

               (37)

               The Union industry questioned also the decision to grant IT to the group of two related companies claiming that as the companies’ data was proven to be unreliable for the assessment of MET then this data could not be considered sufficient for granting IT. The claim of the Union industry was rejected as it was found that the irregularities identified in regard to the MET assessment had no impact on the eligibility for an individual duty rate and therefore IT could be granted.

         4.   Normal value

   (a)   Choice of the analogue country

               (38)

               No comments were received on the choice of the analogue country. Therefore, it is confirmed that Canada was an appropriate and reasonable analogue country in accordance with Article 2(7) of the basic Regulation. Recitals 39 to 45 of the provisional Regulation are hereby confirmed.

         (b)   Determination of normal value

               (39)

               It is recalled that it was considered more appropriate to construct normal value in order to take into account differences in quality between the like product produced and sold in Canada and the product concerned from the PRC. Normal value was therefore constructed using the cost of manufacturing of the Canadian producer plus a reasonable amount for selling, general and administrative expenses (‘SG&A’) and for profit on the domestic market.

               (40)

               The companies that were granted IT disputed the calculation of the constructed normal value (‘NV’), and one of them particularly questioned whether it was constructed per product type. It was confirmed that the NV was constructed per product type on the basis of data obtained from the sole producer of the product concerned in the analogue country. Given the need for confidentiality, NV was disclosed in the form of price ranges.

               (41)

               Three parties claimed that the disclosed NV did not provide a reasonable understanding of the facts and considerations on the basis of which the dumping margin was determined. All companies requested more details on the construction of the NV including the amount of the various adjustments made to the NV in order to take into account the quality differences. However, having regard to the obligation to respect confidentiality of the data, it was considered that the companies were provided with all the information that could be disclosed.

               (42)

               Therefore this claim was rejected. Recitals 46 to 49 of the provisional Regulation with regard to the determination of the normal value are hereby confirmed.

         (c)   Export prices for the exporting producers granted IT

               (43)

               One of the companies granted IT at the provisional stage, requested explanation of the calculation of the packaging costs as they considered that the disclosed data on packaging did not show a consistent correlation to either the volume or the value of transactions. Since this company had not claimed any packaging costs in its reply to the anti-dumping questionnaire, packaging cost was therefore calculated on the basis of information obtained from the other two sampled exporting producers.

               (44)

               In the absence of any other comments with regard to the determination of the export price, recital 50 of the provisional Regulation is hereby confirmed.

               (45)

               Following disclosure of the definitive findings, the group of related companies that is to be granted IT claimed that commission costs should not have been taken into account while calculating the various allowances deducted from the export price. The claim was accepted and export price was adjusted accordingly while the group’s dumping margin was revised as a result.

         (d)   Comparison

               (46)

               In the absence of any comments with regard to the comparison of the normal value and the export prices on an ex-works basis, recitals 51 and 52 of the provisional Regulation are hereby confirmed.

         5.   Dumping margins

   (a)   For the cooperating exporting producers granted IT

               (47)

               One importer of the product concerned in the Union welcomed the imposition of the provisional measures as they would restore the import price to non-injurious levels. Nevertheless, he considered that a difference of more than 10 % between the various duties imposed could distort the market. Hence, he requested that the measures be revised so that the company granted IT subject to the lower individual duty rate should not benefit from it. The importer claimed that the risk of circumvention from the exporting producer with the lower individual duty rate was increased. However, no additional information or proof was provided to substantiate this claim, it was therefore disregarded.

               (48)

               On this basis the definitive dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are:

                           Company

                           Definitive dumping margin

                           Yuyao Mingda Fiberglass Co., Ltd

                           62,9 %

                           Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd

                           48,4 %

                           Yuyao Feitian Fiberglass Co., Ltd

                           60,7 %

         (b)   For all other exporting producers

               (49)

               In the absence of any comments with regard to the dumping margins, recitals 53 to 57 of the provisional Regulation are hereby confirmed.

               (50)

               On this basis the countrywide level of dumping is definitely established at 62,9 % of the CIF Union frontier price, duty unpaid and recital 58 of the provisional Regulation is hereby confirmed.

         D.   INJURY

   1.   Union production

               (51)

               It is made clear that in recital 59 of the provisional Regulation the term ‘Union industry’ refers to all Union producers. In the absence of any comments concerning the Union production, recital 60 of the provisional Regulation is hereby confirmed.

         2.   Union consumption

               (52)

               As explained in recital 9, CN codes ex 7019 90 91, ex 7019 90 99 and ex 7019 40 00 should be removed from the description of the product concerned. The exclusion of these codes did not alter the findings as regards Union consumption, including imports, which were based on figures contained in the complaint, supplemented by verified figures obtained from cooperating companies and Eurostat figures.

               (53)

               In the absence of any comments concerning the Union consumption, recitals 61 to 63 of the provisional Regulation are hereby confirmed.

         3.   Imports from the country concerned

               (54)

               In the absence of any comments concerning the volume, price and market share of the dumped imports from the country concerned, the findings set out in recitals 64 to 66 of the provisional Regulation are hereby confirmed.

               (55)

               In the absence of any comments concerning price undercutting, the methodology described in recitals 67 and 68 of the provisional Regulation to establish price undercutting, including the quality adjustment is confirmed. However, following the individual examination granted after the imposition of provisional measures to one group of exporting producers in the PRC, the price comparison of similar product types was reassessed. This reassessment confirmed that the dumped imports from the PRC were undercutting the Union industry’s prices by 30-35 % during the IP.

         4.   Situation of the Union industry

               (56)

               In the absence of any comments regarding the situation of the Union industry, recitals 69 to 84 of the provisional Regulation are hereby confirmed.

         5.   Conclusion on injury

               (57)

               In the absence of any comments regarding the conclusion on injury, recitals 85 to 87 of the provisional Regulation are hereby confirmed.

         E.   CAUSATION

   1.   Effects of the dumped imports

               (58)

               In the absence of any comments regarding effects of the dumped imports, recitals 89 to 91 of the provisional Regulation are hereby confirmed.

         2.   Effects of other factors

               (59)

               In the absence of any comments regarding effects of other factors, recitals 92 to 96 of the provisional Regulation are hereby confirmed.

         3.   Conclusion on causation

               (60)

               In the absence of any comments regarding conclusion on causation, recitals 97 to 99 of the provisional Regulation are hereby confirmed.

         F.   UNION INTEREST

   1.   Interest of the Union industry

               (61)

               In the absence of any comments with regard to the interest of the Union industry, recitals 101 to 103 of the provisional Regulation are hereby confirmed.

         2.   Interest of importers

               (62)

               In the absence of comments on the interest of importers, it was concluded that the imposition of definitive measures on imports of the product concerned would not be against the interests of importers.

         3.   Interest of users and consumers

               (63)

               It is recalled that at the provisional stage of the investigation no cooperation of users or consumers’ organizations was received. Following the publication of the provisional Regulation, one users’ association submitted comments. However, the comments addressed only the potential negative impact of imposition of measures on the fibreglass discs, should they not be excluded from the product scope. As described in recital 15 it is considered that the fibreglass discs should be excluded from the product scope. Therefore the imposition of definitive anti-dumping measures will not have a negative impact on users of fibreglass discs.

               (64)

               In the absence of any other comments on the interest of users and consumers, it was concluded that the imposition of definitive measures on imports of the product concerned would not be against their interests.

         4.   Conclusion on Union interest

               (65)

               Based on the above it was concluded that there are no compelling reasons against the imposition of definitive anti-dumping duties on imports of open mesh fabrics of glass fibres originating in the PRC.

         G.   DEFINITIVE ANTI-DUMPING MEASURES

   1.   Injury elimination level

               (66)

               Further to the provisional disclosure one Chinese exporting producer claimed that it was not provided with sufficiently detailed data on its injury margin calculation as data regarding the volumes, values and prices of the Union industry per product type were not disclosed. The company argued that since the sample consisted of four Union producers this information could not be considered as confidential. However, it should be noted that some product types were sold in the IP by a very limited number of Union producers. It was therefore considered prudent not to disclose prices, volumes and values of such transactions. Furthermore, revealing the detailed figures for each and every product type is not considered necessary in order to provide parties with a sufficient understanding of the calculation methodology and the result of the calculation.

               (67)

               The same Chinese exporting producer questioned the target profit used in the injury margin calculation, in particular the fact that the target profit was identical to the Union industry’s weighted average profit during the IP. It also questioned the use of the data from the sampled Union producers when establishing the target profit as opposed to data referring to the Union industry as a whole. Finally, it questioned the level of the target profit used compared to the one used in another recent investigation concerning a closely related product sector.

               (68)

               As explained in recital 112 of the provisional Regulation the target profit reflects the average profit achieved by the Union industry in the years 2006-07 whereas the weighted average profit in the IP was calculated based on the data of the four sampled companies. In addition, as explained in recital 79 of the provisional Regulation this profit did not take into account the extraordinary restructuring costs reported by some of the sampled producers. It is therefore a mere coincidence that these two profit figures are identical.

               (69)

               As regards the question of which data to use for the determination of the target profit, it should be noted that when sampling is applied, the profit level is one of the micro indicators of the injury analysis. Consequently the figure established for the sample is deemed representative for the Union industry as a whole. In an investigation where sampling is applied, the target profit used in the injury margin calculation is always based on data collected from the sampled companies.

               (70)

               Finally, regarding the reference made to the target profit used in another anti-dumping investigation, it should be underlined that the findings and conclusions of each investigation are based on the data collected from the cooperating companies of each investigation, for a specific product description and period of time. Therefore it is impossible to draw a direct link between the findings of these two separate investigations and two different IP.

               (71)

               With regard to the injury elimination level, as a result of the correction of a clerical error in the calculation of the provisional injury margin concerning one exporting producer its margin was adjusted upward. This fact however does not affect the level of the anti-dumping duty of this company since the duty is based on the dumping margin.

               (72)

               It should also be noted that as a result of granting IT to another group of Chinese exporting producers as explained in recital 32, an individual injury margin was calculated for them.

               (73)

               As a consequence of revisions referred to in recital 71 the weighted average injury margin for the cooperating exporting producers not included in the sample and the residual injury margin for non-cooperating producers were also revised.

               (74)

               On this basis, the definitive injury margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are:

                           Company

                           Definitive injury margin

                           Yuyao Mingda Fiberglass Co., Ltd

                           69,1 %

                           Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd

                           77,4 %

                           Yuayo Feitian Fiberglass Co., Ltd

                           87,6 %

                           Sample weighted average for the cooperating exporting producers not included in the sample

                           72,1 %

                           Residual margin for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co., Ltd

                           87,6 %

         2.   Definitive measures

               (75)

               In the light of the foregoing, it is considered that, in accordance with Article 9(4) of the basic Regulation, definitive anti-dumping measures should be imposed in respect of imports of the product concerned at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule. Accordingly, all duty rates should be set at the level of the dumping margins found.

               (76)

               The proposed anti-dumping duties are the following:

                           Company

                           Injury elimination margin

                           Dumping margin

                           Anti-dumping duty rate

                           Yuyao Mingda Fiberglass Co., Ltd

                           69,1 %

                           62,9 %

                           62,9 %

                           Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd

                           77,4 %

                           48,4 %

                           48,4 %

                           Yuayo Feitian Fiberglass Co., Ltd

                           87,6 %

                           60,7 %

                           60,7 %

                           Sample weighted average for the cooperating exporting producers not included in the sample

                           72,1 %

                           57,7 %

                           57,7 %

                           Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co., Ltd

                           87,6 %

                           62,9 %

                           62,9 %

               (77)

               The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the People’s Republic of China and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

               (78)

               Any claim requesting the application of an individual company anti-dumping duty rate (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.

               (79)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties. They were also granted a period within which they could make representations subsequent to final disclosure. The comments submitted by the parties were duly considered, and, where appropriate, the findings have been modified accordingly.

               (80)

               The group of two related companies that requested individual examination and was granted IT expressed its intention to offer an undertaking. However, the group did not send any offer for undertaking within the deadline set out in Article 8(2) of the basic Regulation and thus it could not be taken into consideration.

               (81)

               In order to ensure equal treatment between any new exporters and the cooperating companies not included in the sample, mentioned in the Annex to this Regulation, provision should be made for the weighted average duty imposed on the latter companies to be applied to any new exporters which would otherwise be entitled to a review pursuant to Article 11(4) of the basic Regulation as that Article does not apply where sampling has been used.

         3.   Definitive collection of provisional duties

               (82)

               In view of the magnitude of the dumping margins found and in the light of the level of the injury caused to the Union industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by the provisional Regulation, be definitively collected to the extent of the amount of the definitive duties imposed. As fibreglass discs are now excluded from the product scope (see recital 15), the amounts provisionally secured on imports of fibreglass discs should be released. Where the definitive duties are lower than the provisional duties, amounts provisionally secured in excess of the definitive rate of anti-dumping duties shall be released,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019510010 and 7019590010) and originating in the People’s Republic of China.
   2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union frontier price, before duty, of the product described in paragraph 1 and produced by the companies below shall be as follows:

               Company

               Duty (%)

               TARIC additional code

               Yuyao Mingda Fiberglass Co., Ltd

               62,9

               B006

               Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd

               48,4

               B007

               Yuyao Feitian Fiberglass Co., Ltd

               60,7

               B122

               Companies listed in Annex I

               57,7

               B008

               All other companies

               62,9

               B999

         3.   The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty applicable to all other companies shall apply.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   1.   The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation (EU) No 138/2011 on imports of fibreglass discs originating in the People’s Republic of China shall be released upon request.
   2.   The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation (EU) No 138/2011 on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China shall be definitively collected in so far as it concerns products currently falling within CN codes ex 7019 51 00 and ex 7019 59 00. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released, including amounts which would have been secured for products currently falling within CN codes ex 7019 40 00, ex 7019 90 91 and ex 7019 90 99.
   Article 3
   Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

               —

               it did not export to the Union the product described in Article 1(1) during the investigation period (1 April 2009 to 30 March 2010),

               —

               it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,

               —

               it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

         the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 57,7 %.
   Article 4
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 August 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

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

      (2)  OJ L 43, 17.2.2011, p. 9.

      (3)  European Commission, Directorate-General for Trade, Directorate H, Office N105 04/090, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË.

      ANNEX I

         CHINESE COOPERATING EXPORTING PRODUCERS, NOT SAMPLED (TARIC ADDITIONAL CODE B008)

                  Jiangxi Dahua Fiberglass Group Co., Ltd

                  Lanxi Jialu Fiberglass Net Industry Co., Ltd

                  Cixi Oulong Fiberglass Co., Ltd

                  Jiangsu Tianyu Fibre Co., Ltd

                  Jia Xin Jinwei Fiber Glass Products Co., Ltd

                  Jiangsu Jiuding New Material Co., Ltd

                  Changshu Jiangnan Glass Fiber Co., Ltd

                  Shandong Shenghao Fiber Glass Co., Ltd

                  Yuyao Yuanda Fiberglass Mesh Co., Ltd

                  Ningbo Kingsun Imp & Exp Co., Ltd

                  Ningbo Integrated Plasticizing Co., Ltd

                  Nankang Luobian Glass Fibre Co., Ltd

                  Changshu Dongyu Insulated Compound Materials Co., Ltd

      ANNEX II
      A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

                  (1)

                  the name and function of the official of the entity issuing the commercial invoice;

                  (2)

                  the following declaration:
                  ‘I, the undersigned, certify that the (volume) of open mesh fabrics of glass fibres sold for export to the European Union covered by this invoice was manufactured by (company name and registered seat) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.
                  Date and signature’.


title: Council Implementing Regulation (EU) No 433/2014 of 28 April 2014 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               29.4.2014

               EN

               Official Journal of the European Union

               L 126/48

         COUNCIL IMPLEMENTING REGULATION (EU) No 433/2014
   of 28 April 2014
   implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) thereof,
   Whereas:

               (1)

               On17 March 2014, the Council adopted Regulation (EU) No 269/2014.

               (2)

               In view of the gravity of the situation, the Council considers that additional persons should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex I to Regulation (EU) No 269/2014.

               (3)

               Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The persons listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 269/2014.
   Article 2
   This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 April 2014.

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ L 78, 17.3.2014, p. 6.

      ANNEX

         List of natural and legal persons, entities and bodies referred to in Article 1

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Dmitry Nikolayevich KOZAK

                  Born 7.11.1958 in Kirovohrad, Ukrainian SSR

                  Deputy Prime Minister. Responsible for overseeing the integration of the annexed Autonomous Republic of Crimea into the Russian Federation.

                  29.4.2014

                  2.

                  Oleg Yevgenyvich BELAVENTSEV

                  Born 15.9.1949 in Moscow

                  Plenipotentiary Representative of the President of the Russian Federation into the so called ‘Crimean Federal District’, Non-permanent member of the Russian Security Council. Responsible for the implementation of the constitutional prerogatives of the Russian Head of State on the territory of the annexed Autonomous Republic of Crimea.

                  29.4.2014

                  3.

                  Oleg Genrikhovich SAVELYEV

                  Born 27.10.1965 in Leningrad

                  Minister for Crimean Affairs. Responsible for the integration of the annexed Autonomous Republic of Crimea into the Russian Federation.

                  29.4.2014

                  4.

                  Sergei Ivanovich MENYAILO

                  Born 22.8.1960 in Alagir, North-Ossetian Autonomous SSR, RSFSR

                  Acting governor of the Ukrainian annexed city of Sevastopol.

                  29.4.2014

                  5.

                  Olga Fedorovna KOVATIDI

                  Born 7.5.1962 in Simferopol, Ukrainian SSR

                  Member of the Russian Federation Council from the annexed Autonomous Republic of Crimea.

                  29.4.2014

                  6.

                  Ludmila Ivanovna SHVETSOVA

                  Born 24.9.1949 in Alma-Ata, USSR

                  Deputy Chairman of State Duma, United Russia — Responsible for initiating legislation to integrate the annexed Autonomous Republic of Crimea into the Russian Federation.

                  29.4.2014

                  7.

                  Sergei Ivanovich NEVEROV

                  Born 21.12.1961 in Tashtagol, USSR

                  Deputy Chairman of State Duma, United Russia. Responsible for initiating legislation to integrate the annexed Autonomous Republic of Crimea into the Russian Federation.

                  29.4.2014

                  8.

                  Igor Dmitrievich SERGUN

                  Born 28.3.1957

                  Director of GRU (Main Intelligence Directorate), Deputy Chief of the General Staff of the Armed Forces of the Russian Federation, Lieutenant-General. Responsible for the activity of GRU officers in Eastern Ukraine.

                  29.4.2014

                  9.

                  Valery Vasilevich GERASIMOV

                  Born 8.9.1955 in Kazan

                  Chief of the General Staff of the Armed Forces of the Russian Federation, First Deputy Minister of Defence of the Russian Federation, General of the Army. Responsible for the massive deployment of Russian troops along the border with Ukraine and lack of de-escalation of the situation.

                  29.4.2014

                  10.

                  German PROKOPIV

                  Active leader of the ‘Lugansk Guard’. Took part in the seizure of the building of the Lugansk regional office of the Security Service, recorded a video address to President Putin and Russia from the occupied building. Close links with the ‘Army of the South-East’.

                  29.4.2014

                  11.

                  Valeriy BOLOTOV

                  One of the leaders of the separatist group ‘Army of the South-East’ which occupied the building of the Security Service in the Lugansk region. Retired officer. Before seizing the building he and other accomplices possessed arms apparently supplied illegally from Russia and from local criminal groups.

                  29.4.2014

                  12.

                  Andriy PURGIN

                  Head of the ‘Donetsk Republic’, active participant and organiser of separatist actions, co-ordinator of actions of the ‘Russian tourists’ in Donetsk. Co-founder of a ‘Civic Initiative of Donbass for the Eurasian Union’.

                  29.4.2014

                  13.

                  Denys PUSHYLIN

                  Born in Makiivka

                  One of the leaders of the Donetsk People's Republic. Participated in the seizure and occupation of the regional administration. Active spokesperson for the separatists.

                  29.4.2014

                  14.

                  Tsyplakov Sergey GENNADEVICH

                  One of the leaders of ideologically radical organization People's Militia of Donbas. He took active part in the seizure of a number of state buildings in Donetsk region.

                  29.4.2014

                  15.

                  Igor STRELKOV (Ihor Strielkov)

                  Identified as staff of Main Intelligence Directorate of the General Staff of the Armed Forces of the Russian Federation (GRU). He was involved in incidents in Sloviansk. He is an assistant on security issues to Sergey Aksionov, self-proclaimed prime-minister of Crimea.

                  29.4.2014


title: Commission Implementing Regulation (EU) No 1175/2012 of 7 December 2012 entering a name in the register of protected designations of origin and protected geographical indications (Sale Marino di Trapani (PGI))

text:
               11.12.2012

               EN

               Official Journal of the European Union

               L 337/20

         COMMISSION IMPLEMENTING REGULATION (EU) No 1175/2012
   of 7 December 2012
   entering a name in the register of protected designations of origin and protected geographical indications (Sale Marino di Trapani (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Sale Marino di Trapani’ was published in the Official Journal of the European Union
                   (2).

               (2)

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

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

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

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

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 99, 3.4.2012, p. 18.

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

         Class 1.8.   Other products listed in Annex I to the Treaty

      ITALY
      Sale Marino di Trapani (PGI)


title: Commission Implementing Regulation (EU) No 1168/2013 of 7 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Sal de Tavira/Flor de Sal de Tavira (PDO)]

text:
               20.11.2013

               EN

               Official Journal of the European Union

               L 310/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1168/2013
   of 7 November 2013
   entering a name in the register of protected designations of origin and protected geographical indications [Sal de Tavira/Flor de Sal de Tavira (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

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

               (2)

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

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

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

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

            Member of the Commission

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

      (2)  OJ C 132, 9.5.2013, p. 22.

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

         Class 1.8.   Other products listed in Annex I to the Treaty (spices, etc.)

      PORTUGAL
      Sal de Tavira/Flor de Sal de Tavira (PDO)