title: Commission Implementing Regulation (EU) No 789/2013 of 16 August 2013 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

text:
               20.8.2013

               EN

               Official Journal of the European Union

               L 222/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 789/2013
   of 16 August 2013
   amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (1), and in particular Articles 19(6) and 20 thereof,
   Whereas:

               (1)

               At the Washington Plenary meeting in November 2012, Kimberley Process participants approved, by a decision of the Plenary, the addition of Panama, Cambodia and Kazakhstan to the list of Kimberley Process participants.

               (2)

               As confirmed by a KP Chair notice on 1 August 2013, Kimberley Process participants also approved, by written procedure, the addition of Mali to the list of Kimberley Process Participants.

               (3)

               Furthermore, the address of several participants’ contact points in Annex II should be updated.

               (4)

               Annex II to Regulation (EC) No 2368/2002 should be amended accordingly.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 22 of Regulation (EC) No 2368/2002,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 2368/2002 is amended as follows:
   Annex II is replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 August 2013.

            For the Commission, On behalf of the President,
         Johannes HAHN

            Member of the Commission

      (1)  OJ L 358, 31.12.2002, p. 28.

      ANNEX

            ‘ANNEX II

               List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20

            ANGOLA

                        Ministry of Geology and Mines

                        Rua Hochi Min

                        C.P # 1260

                        Luanda

                        Angola

                  ARMENIA

                        Department of Gemstones and Jewellery

                        Ministry of Trade and Economic Development

                        M. Mkrtchyan 5

                        Yerevan

                        Armenia

                  AUSTRALIA

                        Department of Foreign Affairs and Trade

                        Trade Development Division

                        R.G. Casey Building

                        John McEwen Crescent

                        Barton ACT 0221

                        Australia

                  BANGLADESH

                        Export Promotion Bureau

                        TCB Bhaban

                        1, Karwan Bazaar

                        Dhaka

                        Bangladesh

                  BELARUS

                        Ministry of Finance

                        Department for Precious Metals and Precious Stones

                        Sovetskaja Str., 7

                        220010 Minsk

                        Republic of Belarus

                  BOTSWANA

                        Ministry of Minerals, Energy and Water Resources

                        PI Bag 0018

                        Gaborone

                        Botswana

                  BRAZIL

                        Ministry of Mines and Energy

                        Esplanada dos Ministérios - Bloco “U” – 4o andar

                        70065 - 900 Brasilia - DF

                        Brazil

                  CAMBODIA

                        Trade Promotion Department, Ministry of Commerce

                        Building #65-69, Street 136,

                        Sangkat Phsar Kandal 1, Khan Duan Penh

                        Phnom Penh

                        Cambodia

                  CAMEROON

                        National Permanent Secretariat for the Kimberley Process

                        Ministry of Mines, Industry and Technological Development

                        Intek Building

                        Navik Street

                        P.O. Box 8390

                        Yaoundé

                        Cameroon

                  CANADA

                        International:

                                    Department of Foreign Affairs, Trade and Development

                                    Human Rights, Governance and Indigenous Affairs Policy Division - MIH

                                    125 Sussex Drive Ottawa, Ontario K1A 0G2

                                    Canada

                        For General Enquiries at Natural Resources Canada:

                                    Kimberley Process Office

                                    Minerals and Metals Sector (MMS)

                                    Natural Resources Canada (NRCan)

                                    580 Booth Street, 10th floor

                                    Ottawa, Ontario

                                    Canada K1A 0E4

                  CHINA, People’s Republic of

                        Department of Inspection and Quarantine Clearance

                        General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

                        9 Madiandonglu

                        Haidian District, Beijing 100088

                        People’s Republic of China

                  HONG KONG, Special Administrative Region of the People’s Republic of China

                        Department of Trade and Industry

                        Hong Kong Special Administrative Region

                        Peoples Republic of China

                        Room 703, Trade and Industry Tower

                        700 Nathan Road

                        Kowloon

                        Hong Kong

                        China

                  CONGO, Democratic Republic of

                        Centre d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses et Semi-précieuses (CEEC)

                        3989, av des cliniques,

                        Kinshasa/Gombe

                        Democratic Republic of Congo

                  CONGO, Republic of

                        Bureau d’Expertise, d’Evaluation et de Certification des Substances Minérales Précieuses (BEEC)

                        BP 2787

                        Brazzaville

                        Republic of Congo

                  EUROPEAN UNION

                        European Commission

                        Service for Foreign Policy Instruments

                        Office EEAS 02/309

                        B-1049 Bruxelles/Brussel

                        Belgium

                  GHANA

                        Precious Minerals Marketing Company (Ltd.)

                        Diamond House,

                        Kinbu Road,

                        P.O. Box M. 108

                        Accra

                        Ghana

                  GUINEA

                        Ministry of Mines and Geology

                        BP 2696

                        Conakry

                        Guinea

                  GUYANA

                        Geology and Mines Commission

                        P O Box 1028

                        Upper Brickdam

                        Stabroek

                        Georgetown

                        Guyana

                  INDIA

                        Department of Commerce

                        Ministry of Commerce & Industry

                        Udyog Bhawan

                        Maulana Azad Road

                        New Delhi 110011

                        India

                  INDONESIA

                        Directorate-General of Foreign Trade

                        Ministry of Trade

                        JI M.I. Ridwan Rais No. 5

                        Blok I Iantai 4

                        Jakarta Pusat Kotak Pos. 10110

                        Jakarta

                        Indonesia

                  ISRAEL

                        Ministry of Industry, Trade and Labor

                        Office of the Diamond Controller

                        3 Jabotinsky Road

                        Ramat Gan 52520

                        Israel

                  JAPAN

                        United Nations Policy Division

                        Foreign Policy Bureau

                        Ministry of Foreign Affairs

                        2-2-1 Kasumigaseki, Chiyoda-ku

                        100-8919 Tokyo, Japan

                        Japan

                  KAZAKHSTAN

                        Ministry of Economy and Budget Planning

                        Orynbor str., 8, entrance 7

                        Administrative building ‘The house of ministries’

                        010000 Astana

                        Kazakhstan

                  KOREA, Republic of

                        Export Control Policy Division

                        Ministry of Knowledge Economy

                        Government Complex

                        Jungang-dong 1, Gwacheon-si

                        Gyeonggi-do 427-723

                        Seoul

                        Korea

                  LAOS, People’s Democratic Republic

                        Department of Import and Export

                        Ministry of Industry and Commerce

                        Vientiane

                        Laos

                  LEBANON

                        Ministry of Economy and Trade

                        Lazariah Building

                        Down Town

                        Beirut

                        Lebanon

                  LESOTHO

                        Department of Mines

                        Corner Constitution and Parliament Road

                        P.O. Box 750

                        Maseru 100

                        Lesotho

                  LIBERIA

                        Government Diamond Office

                        Ministry of Lands, Mines and Energy

                        Capitol Hill

                        P.O. Box 10-9024

                        1000 Monrovia 10

                        Liberia

                  MALAYSIA

                        Ministry of International Trade and Industry

                        Trade Cooperation and Industry Coordination Section

                        Block 10

                        Komplek Kerajaan Jalan Duta

                        50622 Kuala Lumpur

                        Malaysia

                  MALI

                        Ministère des Mines

                        Bureau d'Expertise d'Evaluation et de Certification des Diamants Bruts

                        Zone Industrielle Ex. DNGM

                        Bamako

                        République du Mali

                  MAURITIUS

                        Import Division

                        Ministry of Industry, Small & Medium Enterprises, Commerce & Cooperatives

                        4th Floor, Anglo Mauritius Building

                        Intendance Street

                        Port Louis

                        Mauritius

                  MEXICO

                        Secretaría de Economía

                        Dirección General de Política Comercial

                        Alfonso Reyes No. 30, Colonia Hipodromo Condesa, Piso 16.

                        Delegación Cuactemoc, Código Postal: 06140 México, D.F.

                        Mexico

                  NAMIBIA

                        Diamond Commission

                        Directorate of Diamond Affairs

                        Ministry of Mines and Energy

                        Private Bag 13297

                        1st Aviation Road (Eros Airport)

                        Windhoek

                        Namibia

                  NEW ZEALAND

                        Certificate Issuing authority:

                                    Middle East and Africa Division

                                    Ministry of Foreign Affairs and Trade

                                    Private Bag 18901

                                    Wellington

                                    New Zealand

                        Import and Export Authority:

                                    New Zealand Customs Service

                                    PO Box 2218

                                    Wellington

                                    New Zealand

                  NORWAY

                        Section for Public International Law

                        Department for Legal Affairs

                        Royal Ministry of Foreign Affairs

                        P.O. Box 8114

                        0032 Oslo

                        Norway

                  PANAMA

                        General Direction of International Economic Affairs

                        Ministry of Foreign Affairs

                        San Felipe, Calle 3

                        Palacio Bolívar, Edificio 26

                        Panamá 4

                        Republic of Panama

                  RUSSIAN FEDERATION

                        International:

                                    Ministry of Finance

                                    9, Ilyinka Street,

                                    109097 Moscow

                                    Russia

                        Import and Export Authority:

                                    Gokhran of Russia

                                    14, 1812 Goda St.

                                    121170 Moscow

                                    Russia

                  SIERRA LEONE

                        Ministry of Mineral Resources

                        Gold and Diamond Office (GDO)

                        Youyi Building

                        Brookfields

                        Freetown

                        Sierra Leone

                  SINGAPORE

                        Ministry of Trade and Industry

                        100 High Street

                        #09-01, The Treasury,

                        Singapore 179434

                  SOUTH AFRICA

                        South African Diamond and Precious Metals Regulator

                        SA Diamond Centre

                        251 Fox Street

                        Johannesburg 2000

                        South Africa

                  SRI LANKA

                        National Gem and Jewellery Authority

                        25, Galleface Terrace

                        Colombo 03

                        Sri Lanka

                  SWAZILAND

                        Office for the Commissioner of Mines

                        Ministry of Natural Resources and Energy

                        Mining department

                        Lilunga House (3rd floor, Wing B)

                        Somhlolo Road

                        PO Box 9,

                        Mbabane H100

                        Swaziland

                  SWITZERLAND

                        State Secretariat for Economic Affairs (SECO)

                        Sanctions Unit

                        Holzikofenweg 36

                        CH-3003 Berne / Switzerland

                  TAIWAN, PENGHU, KINMEN AND MATSU, SEPARATE CUSTOMS TERRITORY

                        Export/Import Administration Division

                        Bureau of Foreign Trade

                        Ministry of Economic Affairs

                        1, Hu Kou Street

                        Taipei, 100

                        Taiwan

                  TANZANIA

                        Commission for Minerals

                        Ministry of Energy and Minerals

                        PO Box 2000

                        Dar es Salaam

                        Tanzania

                  THAILAND

                        Department of Foreign Trade

                        Ministry of Commerce

                        44/100 Nonthaburi 1 Road

                        Muang District, Nonthaburi 11000

                        Thailand

                  TOGO

                        Ministry of Mine, Energy and Water

                        Head Office of Mines and Geology

                        216, Avenue Sarakawa

                        B.P. 356

                        Lomé

                        Togo

                  TURKEY

                        Foreign Exchange Department

                                    Undersecretariat of Treasury

                                    T.C. Bașbakanlık Hazine

                                    Müsteșarlığı İnönü Bulvarı No:36

                                    06510 Emek - Ankara

                                    Turkey

                        Import and Export Authority:

                                    Istanbul Gold Exchange

                                    Rıhtım Cad. No:81

                                    34425 Karaköy – İstanbul

                                    Turkey

                  UKRAINE

                        Ministry of Finance

                        State Gemological Center

                        Degtyarivska St. 38-44

                        Kiev 04119

                        Ukraine

                  UNITED ARAB EMIRATES

                        U.A.E Kimberley Process Office

                        Dubai Multi Commodities Center

                        Dubai Airport Free Zone

                        Emirates Security Building

                        Block B, 2nd Floor, Office # 20

                        P.O. Box 48800

                        Dubai

                        United Arab Emirates

                  UNITED STATES OF AMERICA

                        United States Kimberley Process Authority

                        11 West 47 Street 11th floor

                        New York, NY 10036

                        United States of America

                        U.S. Department of State

                        Room 4843 EB/ESC

                        2201 C Street, NW

                        Washington D.C. 20520

                        United States of America

                  VIETNAM

                        Ministry of Industry and Trade

                        Import Export Management Department

                        54 Hai Ba Trung,

                        Hoan Kiem

                        Hanoi

                        Vietnam

                  ZIMBABWE

                        Principal Minerals Development Office

                        Ministry of Mines and Mining Development

                        Private Bag 7709, Causeway

                        Harare

                        Zimbabwe’


title: Commission Implementing Regulation (EU) 2017/271 of 16 February 2017 extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People's Republic of China to imports of slightly modified certain aluminium foil

text:
               17.2.2017

               EN

               Official Journal of the European Union

               L 40/51

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/271
   of 16 February 2017
   extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People's Republic of China to imports of slightly modified certain aluminium foil
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 13(3) thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               By Regulation (EC) No 925/2009 (2) (‘the original Regulation’), the Council imposed a definitive anti-dumping duty of 30,0 % on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg (‘the product concerned’) from the People's Republic of China (‘the PRC’ or ‘China’) for all other companies than the ones mentioned in Article 1(2) of that Regulation.

               (2)

               In December 2015, the measures on the same product were extended by Commission Implementing Regulation (EU) 2015/2384 (3) (‘the expiry review’).

               (3)

               These measures will hereinafter be referred to as ‘the measures in force’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’.

         1.2.   Initiation following a request

               (4)

               On 18 April 2016, the European Commission (‘the Commission’) received a request indicating that the measures in force on imports of certain aluminium foil are being circumvented by imports of slightly modified products concerned from the PRC.

               (5)

               The applicant has requested anonymity on the grounds of a threat of commercial retaliation. The Commission considered the request substantiated and agreed to keep the applicant's identity confidential.

               (6)

               The request provided prima facie evidence that, following the imposition of the measures in force, a significant change in the pattern of trade involving exports from the PRC to the Union occurred, which seemed to have been caused by the imposition of the measures in force. There was allegedly insufficient due cause or justification other than the imposition of the measures in force for such a change.

               (7)

               Furthermore, the evidence on file pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that the increased imports of the slightly modified product were made at prices below the non-injurious price established in the original investigation.

               (8)

               Finally, there was prima facie evidence that the slightly modified products were dumped in relation to the normal value established for the like product, i.e. the product produced by the Union industry which has the same technical and physical characteristics as the product concerned, during the original investigation.

               (9)

               After having informed the Member States, the Commission determined that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation. It thus initiated the present investigation by Commission Implementing Regulation (EU) 2016/865 (4) (‘the initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of slightly modified product concerned from the PRC.

         1.3.   Investigation

               (10)

               The Commission duly informed the authorities of the PRC, the exporting producers and traders in the PRC, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation.

               (11)

               Exemption forms were sent to the exporting producers in the PRC and to the known importers in the Union.

               (12)

               Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being based on facts available.

               (13)

               Five groups of companies from the PRC and 19 companies from the Union, including the Union industry and unrelated importers, made themselves known.

               (14)

               Five groups of companies from the PRC and five unrelated importers submitted a questionnaire reply and requested an exemption from the possible extended measures in accordance with Article 13(4) of the basic Regulation.

               (15)

               The following exporting producers submitted complete replies to the questionnaires and verification visits were subsequently carried out at their premises.

                           —

                           Dingsheng Aluminium Group

                           —

                           Jiangsu Zhongji Lamination Materials Co., Ltd

                           —

                           Luoyang Wanji Aluminium Processing Co., Ltd

                           —

                           Xiamen Xiashun Aluminium Foil Co., Ltd

                           —

                           Yantai Donghai Aluminum Foil Co., Ltd

               (16)

               The following five Union unrelated importers submitted complete replies to the questionnaires:

                           —

                           Coutinho Caro + Co. International Trading GmbH

                           —

                           Huhtamaki Flexible Packaging Germany GmbH & Co. KG

                           —

                           Now Plastics UK Inc. (Milano Branch)

                           —

                           Von Aschenbach & Voss GmbH

                           —

                           Wrap Films Systems Ltd

               (17)

               One of the unrelated importers, the company Wrap Films Systems Ltd, subsequently ceased cooperation.

               (18)

               Verification visits were carried out at the premises of the following unrelated importers.

                           —

                           Coutinho Caro + Co. International Trading GmbH

                           —

                           Von Aschenbach & Voss GmbH

               (19)

               The company Cellofix S.L. made submissions and requested a hearing as an interested party.

               (20)

               Hearings took place between the Commission and the applicant, and between the Commission and the following companies: Cellofix S.L., Now Plastics Inc. and Von Aschenbach & Voss GmbH.

               (21)

               Following the disclosure another hearing between the Commission and the applicant took place, after which the Commission redisclosed its intention to extend the measures under the mechanism of end-use procedure in accordance with Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (5) (‘the Union Customs Code’).

         1.4.   Investigation period and reporting period

               (22)

               The investigation period covered the period from 1 April 2012 to 31 March 2016. Data was collected for the investigation period as well as for all years since 2009 (when the measures in force were imposed) to investigate, inter alia, the alleged change in the pattern of trade. For the period 1 April 2015 to 31 March 2016 (‘the reporting period’) more detailed data were collected in order to examine the possible undermining of the remedial effect of the measures in force and existence of dumping.

         2.   RESULTS OF THE INVESTIGATION

   2.1.   General considerations

               (23)

               In accordance with Article 13(1) of the basic Regulation, the Commission analysed successively whether there was a change in the pattern of trade between third countries and the Union; whether this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty; whether there was evidence of injury or that the remedial effects of the duty were being undermined in terms of the prices and/or quantities of the like product; and whether there was evidence of dumping in relation to the normal values previously established for the like product, if necessary in accordance with the provisions of Article 2 of the basic Regulation.

         2.2.   Product concerned

               (24)

               The product concerned by the possible circumvention is the product subject to the measures in force, as described above in recital 1. It falls within CN code ex 7607 11 19 (TARIC code 7607111910). As established by the original investigation this particular type of aluminium foil is transformed into a consumer product, household aluminium foil (‘AHF’) used for packing and other household application.

         2.3.   Product under investigation

               (25)

               The product under investigation for circumvention has the same essential characteristics as the product concerned. However, it can be annealed or not.

               (26)

               The product under investigation was defined in the initiation Regulation as follows:

                           —

                           aluminium foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed, or

                           —

                           aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed, or

                           —

                           aluminium foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed, or

                           —

                           aluminium foil of a thickness of not less than 0,021 mm and not more than 0,045 mm, when presented with at least two layers, regardless of the width of the rolls, whether or not annealed,

               (27)

               The first three products described above currently fall within CN code ex 7607 11 19 (TARIC codes 7607111930, 7607111940 and 7607111950). The fourth product described above falls within CN code ex 7607 11 90 (TARIC codes 7607119045 and 7607119080).

               (28)

               In the original investigation the Commission had established that aluminium converter foil (‘ACF’) was not the product concerned (6). The two products — AHF and ACF — have different use. ACF is used by converter industries that laminate, coat, lacquer and otherwise process and integrate it into products that are used in fields such as packaging for food, medicine, cosmetics, and tobacco or in insulation materials for the construction sector. In December 2014 the Commission initiated an anti-dumping investigation on ACF (7). The request was withdrawn by the applicant and the measures on ACF were not imposed (8). For the above mentioned reasons the Commission found it appropriate to exclude ACF from the scope of this investigation.

               (29)

               After disclosure, the applicant argued that the ACF and AHF were interchangeable. The Commission considered however that this argument did not put into question the uncontested definition of the product concerned established in the original investigation.

               (30)

               In the investigation the Commission found however that the definition of the product under investigation comprised not only the slightly modified product concerned but could also include ACF. The five cooperating exporting producers exported ACF to the Union during the reporting period (see recital 74 below). It was thus decided to take account of the end use when designing the measures (see recitals 58 to 69).

               (31)

               Following the disclosure one of the non-cooperating importers claimed that the Commission should have taken into consideration its suggestion to exclude non-annealed jumbo reels from the scope of the investigation.

               (32)

               Since the company did not cooperate with the investigation, the Commission was not able to verify this claim. No facts available lead to the conclusion that non-annealed jumbo reels should be excluded from the scope of this investigation. Therefore the Commission rejected this claim

         2.4.   Degree of cooperation

               (33)

               There was a low level of cooperation by exporting producers in the PRC; only five groups of Chinese exporting producers came forward and requested an exemption from any possible extension of the measures in force representing around 22 % of the Chinese exports to the Union during the reporting period.

               (34)

               The exports of non-cooperating exporters were estimated at around 78 % of the total Chinese exports to the Union during the same period. Hence, for those exports the Commission used best facts available in accordance with Article 18 of the basic Regulation.

         2.5.   Change in the pattern of trade

               (35)

               In order to establish the change in the pattern of trade the Commission analysed the volume of imports of the product concerned and the volume of imports of the slightly modified product concerned for the period between the imposition of the original measures (2009) until September 2016.

               (36)

               The investigation found that 80 % of the total volume of imports of the product under investigation originating in the PRC was the slightly modified product concerned for the reporting period (9). This ratio was then extrapolated for the years concerned since 2009.

               (37)

               The volume of imports of the product concerned was established on the basis of Eurostat for the period between 2009 and reporting period.

               (38)

               The table below compiles the information collected.

                  Table 1

                  Imports product concerned and slightly modified product concerned from the PRC into the EU

                           (Unit: tonnes)

                           IP of the original investigation
                           July 2007 to June 2008

                           2009

                           2010

                           2011

                           2012

                           2013

                           2014

                           RP

                           Product concerned

                           30 318

                           150

                           1 442

                           3 094

                           1 165

                           1 369

                           1 553

                           1 152

                           Slightly modified product

                           11 393

                           17 115

                           30 960

                           25 648

                           30 962

                           42 578

                           44 522

                              Source: Eurostat, Chinese cooperating exporting producers

               (39)

               The total volume of imports of the product concerned from the PRC fell from 30 318 tonnes during IP of the original investigation (July 2007 to June 2008) to 1 152 tonnes during the reporting period of this investigation. In contrast, imports of the slightly modified product concerned increased from 11 393 tonnes in 2009 to 44 522 tonnes during the reporting period of this investigation.

               (40)

               The increase of imports of the slightly modified product concerned as well as the parallel disappearance of imports of the product concerned since imposition of measures, constitute a significant change in the pattern of trade, as required by Article 13(1) of the basic Regulation.

               (41)

               After disclosure one of the non-cooperating importers claimed that the Commission used an erroneous methodology to determine the change in the pattern of trade. More specifically, it questioned the assumption that sales of non-cooperating exporting producers during the reporting period were sales of the slightly modified product.

               (42)

               The Commission reiterated that it based itself on the facts available when establishing the volume of imports of the slightly modified product. Given the very low level of cooperation, in light of the information contained in the request and in absence of any other information to the contrary, the Commission could reasonably conclude that the non-cooperating companies were exporting the slightly modified product. Therefore the methodology used to establish the change in the pattern of trade was confirmed.

         2.6.   Existence of circumvention practices

               (43)

               Article 13(1) of the basic Regulation requires that the change in the pattern of trade stems from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty. The practice, process or work includes, inter alia, the slight modification of the product concerned.

               (44)

               The activities of the cooperating exporting producers were analysed. This analysis confirmed the existence of the four circumvention practices.

               (45)

               For the four circumvention practices, evidence took form of emails from the Chinese exporting producers advising customers on how the current measures could be circumvented. The different pieces of evidence also contained information that such practices have been actually put in place by some of the Union importers/users.

               (46)

               The Commission also found supporting evidence when verifying one of the cooperating Chinese producers, namely Dingsheng Aluminium Group. In the period since the imposition of the duties in 2009, Dingsheng Aluminium Group exported to the Union AHF thinner than the product concerned, i.e. AHF having the thickness less than 0,008 mm and not less than 0,007 mm. The same exporting producer also exported to the Union AHF thicker than the product concerned, i.e. AHF more than 0,018 mm and less than 0,021 mm. Evidence in form of emails from other exporting producers also confirmed that such a practice exists.

               (47)

               Furthermore, in the same period, Dingsheng Aluminium Group sold to the Union AHF in rolls wider that 650 mm. These rolls were subsequently slit in the Union into smaller rolls. When verifying one of the cooperating importers, the Commission found that this importer, namely the company Von Aschenbach & Voss GmbH, slits in the Union wider rolls into consumer rolls.

               (48)

               Concerning the imports into the Union of the aluminium foil of a thickness between 0,021 mm and 0,045 mm and presented in double layers, the Commission had evidence in the file in the form of emails exchanged between Chinese exporting producers, including from Dingsheng Aluminium Group, and the Union producers. The Commission also established that some of the Union producers own machines used to de-double the foil to standard thicknesses allowing its use as AHF.

               (49)

               On the basis of the findings with regard to the cooperating exporting producers and on the basis of the facts available for the non-cooperating exporting producers, the existence of a circumvention practice within the meaning of Article 13(1) of the basic Regulation is established at a country level for 80 % all imports of the product under investigation from the PRC. This circumvention practice takes the form of a slight modification of the product concerned to make it fall under customs codes which are normally not subject to the measures, namely the product under investigation.

         2.7.   Undermining the remedial effects of the duty in terms of the prices and/or the quantities of the like product

               (50)

               The increase of imports of the slightly modified product concerned was significant as explained in recital 36 above and represented around 80 % of the total volume of imports of the product under investigation for the period between 2009 and the reporting period.

               (51)

               The Commission compared the export price of the slightly modified product concerned with the injury elimination level as established in Implementing Regulation (EU) 2015/2384 imposing a definitive duty following an expiry review pursuant to Article 11(2) of the basic Regulation.

               (52)

               As regards the cooperating exporting producer engaging in circumvention practices, the export price was determined on the basis of the information verified during the investigation. For the non-cooperating exporting producers, the export price was established on the basis of Eurostat data, after deduction of the volume of exports made by the cooperating exporting producers.

               (53)

               This comparison showed significant price underselling.

               (54)

               It is therefore considered that the remedial effects of the measures in force are being undermined both in terms of quantities and prices.

         2.8.   Evidence of dumping in relation to the normal value previously established for the like product

               (55)

               In accordance with Article 13(1) of the basic Regulation and to establish whether export prices of the product under investigation were dumped, export prices of both the cooperating exporting producer engaging in circumvention practices and of non-cooperating exporting producers were determined as described in recitals 51 and 52 above and compared to the normal value established during the expiry review investigation mentioned in recital 51 and duly adjusted to London Metal Exchange (LME) fluctuations. This adjustment was necessary due to the fact that prices of aluminium products refer to price fluctuations of the basic raw material, primary aluminium. LME prices are considered as the global benchmark for primary aluminium.

               (56)

               The comparison of normal value and export price shows that AHF is imported at dumped prices to the Union during the reporting period by both the cooperating exporting producer engaging in circumvention practices and the non-cooperating exporting producers.

         2.9.   Conclusion

               (57)

               Based on the findings above the Commission concluded that duties on imports of the product concerned as defined in the original investigation were circumvented by imports of slightly modified product concerned originating in the PRC.

               (58)

               The investigation also showed that there was a change in the pattern of trade between the PRC and the Union, and that there was insufficient due cause or economic justification for this change other than the imposition of the duty.

               (59)

               The Commission also found that these imports cause injury and that the remedial effects of the duty are being undermined in terms of the prices and/or quantities of the like product. Evidence of dumping in relation to the normal values previously established for the like product was also found.

         3.   MEASURES

               (60)

               In view of the findings above, the Commission concluded that the definitive anti-dumping duty imposed on imports of the product concerned originating in the PRC is circumvented by imports of the product under investigation originating in the PRC.

               (61)

               However, based on the above mentioned findings, it was concluded that aluminium converter foil must be excluded from the scope of the extended measures.

               (62)

               In order to establish how a distinction can be made between AHF and ACF, the Commission first relied on extra criteria, additional to the thickness of the aluminium foil and the width of the rolls.

               (63)

               The Commission considered that a cumulative analysis of a set of characteristics can lead to the desired distinction: alloys, wettability and pinholes of the aluminium foil.

               (64)

               Aluminium alloy is determined by the chemical composition of the product (content of actual aluminium and other chemicals). Based on submissions from interested parties and on information collected during verification visits, the investigation found that ACF is generally produced using aluminium alloys 1235, 8011 and 8079.

               (65)

               Wettability grade is defined as the degree of dryness (surface cleanliness) of the aluminium foil from the oil that is used during the rolling process. Wettability for ACF is generally of degree A, as any residue of oil in the surface would entail problems in printing and lamination.

               (66)

               Pinholes appear in the texture of the aluminium foil during the process of rolling down. The number of pinholes in sales of AHF is generally not important and not a part of product specifications. The number of pinholes is important for ACF products because during the lamination process adhesive can penetrate from one side of the foil layer to the other side via the pinholes and thus damage the packaging material. The Commission found that the maximum number of pinholes in ACF generally relates to the thickness of the foil. The maximum number of pinholes per m2 in relation to the thickness of the foil is as follows.

                  Table 2

                  Maximum number of pinholes per m2 in relation to the thickness of the foil

                           Thickness (Microns)

                           Number of Pinholes per m2

                           7

                           400

                           8

                           300

                           9

                           200

                           10

                           100

                           up to 13

                           40

                           up to 15

                           10

                           up to 19

                           5

                           more than 20

                           None

                              Source: Chinese cooperating exporting producers, EU unrelated importers.

               (67)

               These criteria were based on findings of the investigation and submissions by third parties.

               (68)

               The applicant maintained and reiterated after disclosure that no workable dividing line could be drawn based on the above criteria and hence this would have created a disproportionate risk of circumvention. It argued that aluminium foils were interchangeable and that some AHF might be produced using the same aluminium foils as it was generally used to produce ACF. In particular it pointed to the alloys 8011 and 8079. Regarding the number of pinholes the applicant submitted that these were not a regulated requirement and generally based on an agreement between seller and buyer. Regarding the wettability criterion the applicant also argued that it was not a decisive factor to determine whether an aluminium foil was ACF. During the hearing after disclosure it also argued that even the cumulative application of the three criteria was not workable to establish the desired distinction. Even if all the three criteria for ACF were fulfilled, imports could still be used as household foil and distort competition. In the applicant's opinion the only way to differentiate between AHF and ACF was by its end-use. Following the additional disclosure the applicant submitted that the exporting producers exempted in accordance with Article 13(4) of the basic Regulation should be subject to end-use procedure in accordance with Article 254 of the Union Customs Code in order to prevent any future circumvention of the measures.

               (69)

               One of the cooperating exporting producers also argued that the criteria proposed by the Commission to distinguish ACF from AHF were not commonly and widely accepted by the aluminium industry. It argued that this would open the door for circumvention of the extended anti-dumping duties and lead to a significant decrease in the average price of ACF, which could lead to another anti-dumping complaint.

               (70)

               After the additional disclosure an importer maintained its view that a distinction was indeed possible and sufficient based on an additional cumulative analysis of the three characteristics alloys, wettability and pinholes.

               (71)

               In response to these arguments, the Commission first recalled that anti-circumvention measures may not legally be imposed on the basis of the mere risk of circumvention, but only if the conditions set by Article 13 of the Basic Regulation were met. Therefore the applicant's request to make the exempted exporting producers subject to end-use control was rejected.

               (72)

               Following the initial and additional disclosure the Commission further assessed its initial approach detailed in recitals 62 and 66 above and the arguments submitted by the importer stated in recital 70. The Commission maintained its conclusion that due to their similar characteristics it cannot be excluded that ACF meeting the technical requirements stated in recitals 61 and 67 would in fact be actually used for household applications. Therefore it concluded that, given the specific circumstances of the case, the most appropriate way to differentiate between the two products for the purpose of extending the original measure is by their end-use. Accordingly, the importers which do not use the imported aluminium foil for household applications will have the possibility to make a declaration subject to end-use procedure in accordance with Article 254 of the Union Customs Code.

         4.   REQUESTS FOR EXEMPTION

   4.1.   Request for exemption by groups of exporting producers

               (73)

               In accordance with Article 13(4) of the basic Regulation five cooperating groups of exporting producers from the PRC requested to be exempted from the possible extended measures and submitted an exemption request.

               (74)

               The investigation found that four groups of Chinese exporting producers were exporting only ACF to the Union and not the slightly modified aluminium household foil. Therefore, these groups of Chinese exporting producers were found not to circumvent the current duties. The Commission thus considered that these companies could be granted an exemption from the extended duties under Article 13(4) of the basic Regulation.

               (75)

               The investigation also revealed that one cooperating producer, the Dingsheng Aluminium Group, was involved in all types of circumvention practices, except for one, namely it did not export to the Union aluminium foil of a thickness of not less than 0,021 mm and not more than 0,045 mm, when presented with at least two layers, regardless of the width of the rolls.

               (76)

               The conclusion that this company was involved in three circumvention practices was reached on the basis of several factors. First, the Commission identified the slightly modified products that it exported to the Union based on the information provided by the company with regards to its sales of AHF and ACF to its customers. Second, a sample of invoices related to the AHF and ACF customers was verified. This exercise confirmed that the products sold to customers indicated as AHF were indeed either the product concerned or the slight modified AHF. As a result, the Commission found that the circumvented slightly modified AHF constituted 20 % of all exports of the product under investigation, while the rest was genuine ACF for this company. Third, a clear change in pattern of trade was found for this company whereby the exports of the product concerned had been replaced by the slightly modified product. Fourth, no economic justification other than the imposition of the measures for this change in pattern of trade was found. Fifth, both dumping and undermining the remedial effect of the duties were found with respect to the slightly modified products exported by this exporting producer.

               (77)

               In light of the above, under Article 13(4) of the basic Regulation, an exemption to the Dingsheng Aluminium Group could not be granted.

               (78)

               Following the disclosure the applicant claimed that no exemption from the scope of extended measures should be granted to Chinese exporting producers.

               (79)

               It argued that the Commission could not have verified that the exempted Chinese exporting producers actually exported ACF, as this was not mentioned in the questionnaires. Moreover, it stated that the circumvention practice would take place in the Union. Under these circumstances exemption could not be granted to exporters as a matter of law.

               (80)

               The Commission visited the exporting producers on the spot and verified, inter alia, the technical characteristics and end uses of the product under investigation sold to the Union. Hence, it concluded from the verification visits that the product exported by the four exporting producers was effectively ACF, that is, a product not covered by this investigation. The Commission also observed that the slight modification of the product took place in China, namely at the premises of one of the cooperating producers and — based on the facts available — at the premises of non-cooperating producers. Hence it was possible and indeed necessary to grant an exemption to those who have not engaged in any form of circumvention practices in China and meet the conditions of Article 13(4) of the Basic Regulation. Consequently the claim was rejected.

         4.2.   Request for exemption by unrelated importers

               (81)

               When the circumvention practice takes place within the Union, Article 13(4) of the basic Regulation allows importers to be exempted from the extended duties, if they can show that they are not related to producers subject to measures.

               (82)

               On these grounds, five exemption requests by unrelated importers were received and examined. One of the companies, Wrap Films Systems Ltd, subsequently ceased cooperation.

               (83)

               The Commission found that, although in some cases the final completion (slitting of the foil into smaller rolls) takes place in the Union, the slight modification of the product concerned as such takes place outside the Union, namely in the PRC. On these grounds the Commission considered that exemptions might not be granted to the unrelated importers.

               (84)

               For three of the four cooperating companies it was found that they were genuine importers reselling the product under investigation without processing it. Therefore these companies cannot be exempted from the extended duties under Article 13(4) of the basic Regulation. Only one of the companies, the company Von Aschenbach &Voss GmbH, imports from the PRC the product under investigation in the form of aluminium household foil in rolls exceeding 650 mm and further processes it. The foil is slit before it is sold to the company's customers (rewinders).

               (85)

               Before imposition of the existing measures, the company Von Aschenbach & Voss imported into the Union the product concerned, and a clear change of pattern was found. The Commission's findings do not support the company's view on an existence of a due cause or economic justification, other than imposition of the duties. Therefore even if the Commission were to accept that this justified that the circumvention practice was completed within the Union, an exemption to this company could not be granted.

               (86)

               Therefore, it was concluded that none of the unrelated importers may be exempted under Article 13(4) of the basic Regulation.

         4.3.   Conclusion

               (87)

               Based on the above mentioned findings it was concluded that the four of the five cooperating groups of the Chinese exporting producers could be exempted from the extended duties. It was also found that one of the Chinese exporting producers, the Dingsheng Aluminium Group, cannot be exempted.

               (88)

               It was also concluded that none of the unrelated importers may be exempted under Article 13(4) of the basic Regulation.

         5.   CONCLUSION

               (89)

               In accordance with the first sentence of Article 13(1) of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in the PRC should be extended to imports of the product under investigation originating in the PRC.

               (90)

               Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measures should apply to imports which entered the Union under registration imposed by the initiating Regulation, the anti-dumping duty should be collected on those imports into the Union of

                           —

                           aluminium foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed, or

                           —

                           aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed, or

                           —

                           aluminium foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed, or

                           —

                           aluminium foil of a thickness of not less than 0,021 mm and not more than 0,045 mm, when presented with at least two layers, regardless of the width of the rolls whether or not annealed,

                     originating in the PRC.

               (91)

               The product described in recital 90 should be exempted from the extended anti-dumping duty if it is imported for other uses than the use of household foil. Such an exemption should be subject to the conditions laid down in the relevant customs provisions of the Union on the end-use procedure, in particular Article 254 of the Union Customs Code.

         6.   DISCLOSURE

               (92)

               All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. Such comments were addressed in this Regulation.

               (93)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People's Republic of China is hereby extended to imports into the Union of:

               —

               aluminium foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed, currently falling within CN code ex 7607 11 19 (TARIC code 7607111930) or

               —

               aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed, currently falling within CN code ex 7607 11 19 (TARIC code 7607111940), or

               —

               aluminium foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed, currently falling within CN code ex 7607 11 19 (TARIC code 7607111950), or

               —

               aluminium foil of a thickness of not less than 0,021 mm and not more than 0,045 mm, when presented with at least two layers, regardless of the width of the rolls, whether or not annealed, currently falling within CN code ex 7607 11 90 (TARIC codes 7607119045 and 7607119080).

         2.   This extension does not apply to imports referred to in paragraph 1 of this Article produced by the companies listed below:

               Company name

               TARIC additional code

               Jiangsu Zhongji Lamination Materials Co., Ltd

               C198

               Luoyang Wanji Aluminium Processing Co., Ltd

               C199

               Xiamen Xiashun Aluminium Foil Co., Ltd

               C200

               Yantai Donghai Aluminum Foil Co., Ltd

               C201

         3.   The application of exemptions granted to the companies specifically mentioned in paragraph 2 of this Article shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice issued by the producer on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function. This declaration shall be drafted as follows: ‘I, the undersigned, certify that the (volume) of certain aluminium foil sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.
   4.   The product described in paragraph 1 shall be exempted from definitive anti-dumping duty if it is imported for other uses than the use of household foil. An exemption shall be subject to the conditions laid down in the relevant customs provisions of the Union on the end-use procedure, in particular Article 254 of the Union Customs Code.
   5.   The duty extended by paragraph 1 on this Article shall be collected on imports originating in the People's Republic of China, registered in accordance with Article 2 of Implementing Regulation (EU) 2016/865 and with Articles 13(3) and 14(5) of Regulation (EU) 2016/1036, with the exception of those produced by the companies listed in paragraph 2 of this Article and with the exemption of those which can demonstrate that they were used for other uses than household foil in accordance with paragraph 4.
   6.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1049 Brussels

               Belgium

         2.   In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) 2015/2384, from the duty extended by Article 1 of this Regulation.
   Article 3
   Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Implementing Regulation (EU) 2016/865.
   Article 4
   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, 16 February 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People's Republic of China (OJ L 262, 6.10.2009, p. 1).

      (3)  Commission Implementing Regulation (EU) 2015/2384 of 17 December 2015 imposing a definitive anti-dumping duty on imports of certain aluminium foils originating in the People's Republic of China and terminating the proceeding for imports of certain aluminium foils originating in Brazil following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 332, 18.12.2015, p. 63).

      (4)  Commission Implementing Regulation (EU) 2016/865 of 31 May 2016 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2015/2384 on imports of certain aluminium foil originating in the People's Republic of China by imports of slightly modified certain aluminium foil from the People's Republic of China, and making such imports subject to registration (OJ L 144, 1.6.2016, p. 35).

      (5)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

      (6)  Recital 89 of Commission Regulation (EC) No 287/2009 of 7 April 2009 imposing a provisional anti-dumping duty on imports of certain aluminium foil originating in Armenia, Brazil and the People's Republic of China (OJ L 94, 8.4.2009, p. 17).

      (7)  OJ C 444, 12.12.2014, p. 13.

      (8)  Commission Implementing Decision (EU) 2015/1928 of 23 October 2015 terminating the anti-dumping proceeding concerning imports of certain aluminium foil originating in the People's Republic of China (OJ L 281, 27.10.2015, p. 16).

      (9)  In order to establish the volume of the slightly modified product concerned within the product under investigation for the reporting period the Commission used the following methodology. Firstly, the Commission established the total volume of exports of the product under investigation from China on the basis of Eurostat. Secondly, from the verified questionnaire replies of the cooperating Chinese exporting producers, the Commission established the volume of the exports of ACF of the five cooperating companies. Thirdly, the Commission deducted the volume of exports of ACF made by the cooperating companies from the total exports from China. Given the very high level of non-cooperation, the Commission considered that it has a sufficient basis to assume that the non-cooperating companies are exporting the slightly modified product. On this basis, the Commission concluded that 80 % of the total exports from China are made of the exports of the slightly modified products and the 20 % are the exports of ACF. The Commission applied this ratio to establish the change of the pattern of trade.


title: Commission Implementing Regulation (EU) 2016/534 of 31 March 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

text:
                  6.4.2016

                  EN

                  Official Journal of the European Union

                  L 89/6

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/534
      of 31 March 2016
      amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
      Whereas:

                  (1)

                  Regulation (EEC) No 2658/87 established a nomenclature of goods (hereinafter referred to as the ‘Combined Nomenclature’), which is set out in Annex I to that Regulation.

                  (2)

                  Dairy produce of Chapter 4 includes dairy permeates, which are milk products characterised by a high content of lactose and obtained by removing milk fats and milk proteins from milk, whey, cream and/or sweet buttermilk, and/or from similar raw material by ultrafiltration or other processing techniques.

                  (3)

                  Divergent views exist as regards the classification of whey and milk permeates under the subheadings of heading 0404. In the interest of legal certainty, it is therefore necessary to clarify the scope of subheadings 0404 10 and 0404 90 relating to such products.

                  (4)

                  The distinction between ‘whey permeate’ and ‘milk permeate’ can be made by the detection or non-detection of substances that are associated with whey production. That criterion should therefore be used, along with an organoleptic criterion, for the purposes of distinguishing between whey and milk permeates.

                  (5)

                  Subheading 0404 10 should include ‘whey permeate’ which is a product with generally a slightly sour smell, obtained though ultrafiltration of whey or mixtures of natural whey constituents. Classification of dairy permeates under that subheading should be conditional on the presence of substances associated with whey production (e.g. lactic acid, lactates and glycomacropeptides) in that product.

                  (6)

                  Subheading 0404 90 should include ‘milk permeate’ which is a product obtained though ultrafiltration of milk, with generally a milky smell. Classification of dairy permeates under that subheading should be conditional on the quantitatively limited level or the absence of substances associated with whey production in that product.

                  (7)

                  The reference method for the detection of lactic acid and lactates (ISO 8069:2005 method) is provided for in Part A of Annex I to Commission Regulation (EC) No 273/2008 (2) and the reference method to detect rennet whey (i.e. the presence of caseinomacropeptides such as glycomacropeptides) is laid down in Annex XII to that Regulation. Those methods should also be used for the correct classification of the products concerned by this Regulation.

                  (8)

                  In order to ensure correct classification of the products concerned, new Additional notes should therefore be added to Chapter 4 of Part Two of the Combined Nomenclature to ensure its uniform interpretation throughout the Union.

                  (9)

                  Regulation (EEC) No 2658/87 should therefore be amended accordingly.

                  (10)

                  The Customs Code Committee has not issued an opinion within the time limit set by its Chair,

            HAS ADOPTED THIS REGULATION:
      Article 1
      In Chapter 4 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following Additional notes 3 and 4 are added:

                     ‘3.

                     Dairy produce of Chapter 4 includes dairy permeates, which are milk products characterised by a high content of lactose and obtained by removing milk fats and milk proteins from milk, whey, cream and/or sweet buttermilk, and/or from similar raw material by ultrafiltration or other processing techniques.

                     4.

                     For the purposes of subheadings 0404 10 and 0404 90 the following applies:

                                 Milk permeate and whey permeate can be analytically distinguished by the presence of substances (e.g. lactic acid, lactates and glycomacropeptides) which are associated with whey production.

                                 Subheading 0404 10 includes “whey permeate” which is a product with generally a slightly sour smell, obtained from whey or mixtures of natural whey constituents by ultrafiltration or other processing techniques.

                                 The presence of substances associated with whey production (e.g. lactic acid, lactates and glycomacropeptides) is a condition for the classification of whey permeates into that subheading.

                                 Subheading 0404 90 includes “milk permeate” which is a product with generally a milky smell obtained from milk by ultrafiltration or other processing techniques. The quantitatively limited level or absence of lactic acid and lactates (max. 0,1 % by weight, in milk permeates in powder form, or max. 0,015 % by weight in milk permeates in liquid form) as well as the absence of glycomacropeptides, are the conditions for the classification of milk permeates into subheading 0404 90.

                                 The method to be used for the detection of lactates shall be the ISO 8069:2005 method and the method to detect rennet whey (i.e. the presence of caseinomacropeptides such as glycomacropeptides) shall be the method set out in Annex XII to Commission Regulation (EC) No 273/2008 (*).

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 31 March 2016.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General for Taxation and Customs Union

         (1)  OJ L 256, 7.9.1987, p. 1.

         (2)  Commission Regulation (EC) No 273/2008 of 5 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products (OJ L 88, 29.3.2008, p. 1).


title: Commission Implementing Regulation (EU) 2015/747 of 11 May 2015 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015

text:
               12.5.2015

               EN

               Official Journal of the European Union

               L 119/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/747
   of 11 May 2015
   derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular point (b) of the first paragraph and the second paragraph of Article 78 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payments entitlements or the increase of the value of payments entitlements under the basic payment scheme.

               (2)

               Member States have experienced some difficulty in their practical implementation of the new direct payment schemes and rural development measures. As a consequence, the administration of the single application, aid applications and payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme was delayed.

               (3)

               That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014.

               (4)

               In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2015 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the date referred to in Article 15(2) of Implementing Regulation (EU) No 809/2014 is linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of amendments to the single application or payment claim.

               (5)

               Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2015, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2015.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development,

         HAS ADOPTED THIS REGULATION:
   Article 1
   By way of derogation from the first subparagraph of Article 13(1) of Implementing Regulation (EU) No 809/2014, for the year 2015, the final dates to be fixed by Member States by which the single application, aid applications or payment claims have to be submitted shall not be later than 15 June.
   Article 2
   By way of derogation from Article 15(2) of Implementing Regulation (EU) No 809/2014 and in case the Member States use the derogation as provided for in Articles 1 and 3 of this Regulation, for the year 2015, the amendments made to the single application or payment claim in accordance with paragraph 1 of that Article shall be notified to the competent authority in writing by 15 June.
   Article 3
   By way of derogation from Article 22(1) of Implementing Regulation (EU) No 809/2014, for the year 2015, the date to be fixed by the Member States for the submission of applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme shall not be later than 15 June.
   Article 4
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply to applications and payment claims relating to the year 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 May 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).


title: Commission Implementing Regulation (EU) No 1131/2013 of 7 November 2013 entering a name in the register of protected designations of origin and protected geographical indications (Poperingse hopscheuten/Poperingse hoppescheuten (PGI))

text:
               13.11.2013

               EN

               Official Journal of the European Union

               L 302/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 1131/2013
   of 7 November 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Poperingse hopscheuten/Poperingse hoppescheuten (PGI))
   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, Belgium’s application to register the name ‘Poperingse hopscheuten’/‘Poperingse hoppescheuten’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Poperingse hopscheuten’/‘Poperingse hoppescheuten’ 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 57, 27.2.2013, p. 6.

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

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      BELGIUM
      Poperingse hopscheuten/Poperingse hoppescheuten (PGI)


title: Commission Implementing Regulation (EU) 2017/130 of 25 January 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.1.2017

               EN

               Official Journal of the European Union

               L 21/101

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/130
   of 25 January 2017
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 January 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  135,1

                  SN

                  268,2

                  TR

                  175,2

                  ZZ

                  192,8

                  0707 00 05

                  EG

                  250,3

                  MA

                  79,2

                  TR

                  209,9

                  ZZ

                  179,8

                  0709 91 00

                  EG

                  168,8

                  ZZ

                  168,8

                  0709 93 10

                  MA

                  277,7

                  TR

                  239,8

                  ZZ

                  258,8

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  54,2

                  MA

                  48,6

                  TN

                  59,5

                  TR

                  73,1

                  ZZ

                  58,9

                  0805 21 10 , 0805 21 90 , 0805 29 00

                  EG

                  83,8

                  IL

                  134,6

                  JM

                  109,0

                  MA

                  80,7

                  TR

                  86,3

                  ZZ

                  98,9

                  0805 22 00

                  IL

                  139,7

                  MA

                  79,0

                  ZZ

                  109,4

                  0805 50 10

                  AR

                  92,5

                  EG

                  85,5

                  TR

                  93,7

                  ZZ

                  90,6

                  0808 10 80

                  CN

                  145,5

                  US

                  124,9

                  ZZ

                  135,2

                  0808 30 90

                  CN

                  93,3

                  TR

                  154,0

                  ZA

                  84,4

                  ZZ

                  110,6

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