title: Commission Implementing Regulation (EU) 2015/2207 of 30 November 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2207
   of 30 November 2015
   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, 30 November 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  AL

                  53,3

                  MA

                  77,9

                  ZZ

                  65,6

                  0707 00 05

                  AL

                  48,7

                  MA

                  93,1

                  TR

                  148,3

                  ZZ

                  96,7

                  0709 93 10

                  AL

                  80,9

                  MA

                  66,5

                  TR

                  157,4

                  ZZ

                  101,6

                  0805 20 10

                  CL

                  96,2

                  MA

                  77,9

                  PE

                  78,3

                  ZZ

                  84,1

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

                  TR

                  80,9

                  ZZ

                  80,9

                  0805 50 10

                  AR

                  61,0

                  TR

                  106,6

                  ZZ

                  83,8

                  0808 10 80

                  CA

                  159,0

                  CL

                  85,8

                  MK

                  32,8

                  US

                  115,5

                  ZA

                  152,4

                  ZZ

                  109,1

                  0808 30 90

                  BA

                  88,2

                  CN

                  63,9

                  TR

                  128,6

                  ZZ

                  93,6

         (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’.


title: Commission Implementing Regulation (EU) No 966/2013 of 9 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               10.10.2013

               EN

               Official Journal of the European Union

               L 268/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 966/2013
   of 9 October 2013
   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, 9 October 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            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

                  MK

                  49,7

                  ZZ

                  49,7

                  0707 00 05

                  MK

                  46,1

                  TR

                  121,6

                  ZZ

                  83,9

                  0709 93 10

                  TR

                  133,9

                  ZZ

                  133,9

                  0805 50 10

                  AR

                  104,8

                  CL

                  101,8

                  IL

                  100,2

                  TR

                  89,5

                  ZA

                  112,1

                  ZZ

                  101,7

                  0806 10 10

                  BR

                  245,4

                  MK

                  32,3

                  TR

                  141,7

                  ZZ

                  139,8

                  0808 10 80

                  AR

                  101,1

                  BA

                  56,1

                  BR

                  89,2

                  CL

                  152,4

                  NZ

                  135,5

                  US

                  119,2

                  ZA

                  142,1

                  ZZ

                  113,7

                  0808 30 90

                  AR

                  199,8

                  TR

                  126,8

                  ZZ

                  163,3

         (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: Commission Implementing Regulation (EU) 2016/331 of 8 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               9.3.2016

               EN

               Official Journal of the European Union

               L 62/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/331
   of 8 March 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, 8 March 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  IL

                  165,2

                  MA

                  100,4

                  SN

                  174,9

                  TN

                  112,1

                  TR

                  99,9

                  ZZ

                  130,5

                  0707 00 05

                  JO

                  194,1

                  MA

                  84,5

                  TR

                  161,4

                  ZZ

                  146,7

                  0709 93 10

                  MA

                  69,9

                  TR

                  158,8

                  ZZ

                  114,4

                  0805 10 20

                  EG

                  43,5

                  IL

                  76,9

                  MA

                  50,8

                  TN

                  54,3

                  TR

                  64,9

                  ZZ

                  58,1

                  0805 50 10

                  MA

                  91,2

                  TR

                  96,3

                  ZZ

                  93,8

                  0808 10 80

                  CL

                  93,0

                  CN

                  66,5

                  US

                  151,9

                  ZZ

                  103,8

                  0808 30 90

                  AR

                  106,4

                  CL

                  157,2

                  CN

                  112,4

                  TR

                  58,3

                  ZA

                  104,0

                  ZZ

                  107,7

         (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) 2015/544 of 1 April 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.4.2015

               EN

               Official Journal of the European Union

               L 90/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/544
   of 1 April 2015
   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, 1 April 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  IL

                  139,9

                  MA

                  102,0

                  TR

                  121,8

                  ZZ

                  121,2

                  0707 00 05

                  AL

                  119,5

                  MA

                  176,1

                  TR

                  143,4

                  ZZ

                  146,3

                  0709 93 10

                  MA

                  104,5

                  TR

                  172,1

                  ZZ

                  138,3

                  0805 10 20

                  EG

                  44,3

                  IL

                  71,9

                  MA

                  47,2

                  TN

                  54,2

                  TR

                  66,8

                  ZZ

                  56,9

                  0805 50 10

                  TR

                  45,7

                  ZZ

                  45,7

                  0808 10 80

                  AR

                  94,0

                  BR

                  72,4

                  CL

                  94,8

                  CN

                  89,6

                  MK

                  25,2

                  US

                  167,0

                  ZA

                  118,4

                  ZZ

                  94,5

                  0808 30 90

                  AR

                  108,3

                  CL

                  125,1

                  CN

                  99,4

                  ZA

                  123,3

                  ZZ

                  114,0

         (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) 2015/907 of 10 June 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Welsh Beef (PGI)]

text:
               13.6.2015

               EN

               Official Journal of the European Union

               L 148/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/907
   of 10 June 2015
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Welsh Beef (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined the United Kingdom's application for the approval of amendments to the specification for the protected geographical indication ‘Welsh Beef’, registered under Commission Regulation (EC) No 2066/2002 (2) as amended by Commission Regulation (EU) No 97/2011 (3).

               (2)

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

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Welsh Beef’ (PGI) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 June 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 2066/2002 of 21 November 2002 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the Register of protected designations of origin and protected geographical indications provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Carne de Bovino Cruzado dos Lameiros do Barroso, Pruneaux d'Agen — Pruneaux d'Agen mi-cuits, Carciofo romanesco del Lazio, Aktinidio Pierias, Milo Kastorias, Welsh Beef) (OJ L 318, 22.11.2002, p. 4).

      (3)  Commission Regulation (EU) No 97/2011 of 3 February 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Welsh Beef (PGI)] (OJ L 30, 4.2.2011, p. 27).

      (4)  OJ C 29, 29.1.2015, p. 13.


title: Commission Implementing Regulation (EU) No 1252/2012 of 20 December 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/44

         COMMISSION IMPLEMENTING REGULATION (EU) No 1252/2012
   of 20 December 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, 20 December 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

                  AL

                  32,6

                  MA

                  80,4

                  TN

                  114,7

                  TR

                  112,5

                  ZZ

                  85,1

                  0707 00 05

                  TR

                  116,2

                  ZZ

                  116,2

                  0709 93 10

                  MA

                  124,9

                  TR

                  134,6

                  ZZ

                  129,8

                  0805 10 20

                  MA

                  71,3

                  TR

                  60,6

                  ZA

                  51,2

                  ZZ

                  61,0

                  0805 20 10

                  MA

                  67,0

                  ZZ

                  67,0

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

                  IL

                  97,8

                  JM

                  129,1

                  MA

                  98,7

                  TR

                  84,6

                  ZZ

                  102,6

                  0805 50 10

                  TR

                  72,4

                  ZZ

                  72,4

                  0808 10 80

                  CN

                  169,3

                  MK

                  39,0

                  US

                  125,5

                  ZA

                  123,7

                  ZZ

                  114,4

                  0808 30 90

                  CN

                  60,5

                  TR

                  135,1

                  US

                  160,6

                  ZZ

                  118,7

         (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: Commission Implementing Regulation (EU) No 749/2012 of 14 August 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               18.8.2012

               EN

               Official Journal of the European Union

               L 222/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 749/2012
   of 14 August 2012
   concerning the classification of certain goods in the Combined Nomenclature
   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)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

               (2)

               Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

               (3)

               Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   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, 14 August 2012.

            For the Commission, On behalf of the President,
         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product (so-called ‘Chitosan’) prepared from crustacean shells, consisting of amino polysaccharides.
                  The product is presented in gelatine capsules, put up for retail sale.
                  According to the label the product is presented as a food supplement for human consumption.

                  2106 90 92

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106, 2106 90 and 2106 90 92.
                  The product is a food preparation presented in the form of capsules. The casing is a factor that, together with the content, determines the use and character of the product as a food supplement (see judgment of the Court of Justice of the European Union in joined cases C-410/08 to C-412/08 ‘Swiss Caps’, [2009] ECR p.I-11991, paragraphs 29 and 32).
                  Consequently, classification of the product as a natural polymer under heading 3913 is excluded.
                  The product is therefore to be classified under heading 2106 as a food preparation not elsewhere specified or included (see also Harmonised System Explanatory Notes to heading 2106, point (16).


title: Council Implementing Regulation (EU) No 371/2014 of 10 April 2014 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

text:
               12.4.2014

               EN

               Official Journal of the European Union

               L 109/9

         COUNCIL IMPLEMENTING REGULATION (EU) No 371/2014
   of 10 April 2014
   implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (1), and in particular Article 12(1) thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Regulation (EU) No 359/2011.

               (2)

               On the basis of a review of Council Decision 2011/235/CFSP (2), the Council has decided that those restrictive measures should be renewed until 13 April 2015.

               (3)

               Furthermore, the entries concerning certain persons included in Annex I to Regulation (EU) No 359/2011 should be updated in accordance with Council Decision 2014/205/CFSP (3).

               (4)

               Annex I to Regulation (EU) No 359/2011 should be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex I to Regulation (EU) No 359/2011 shall be amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 April 2014.

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ L 100, 14.4.2011, p. 1.

      (2)  Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

      (3)  Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (see page 25 of this Official Journal).

      ANNEX
      The entries for the persons listed below shall replace the entries for them set out in Annex I to Council Regulation (EU) No 359/2011:

         Persons

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  RAJABZADEH Azizollah

                  Head of Tehran Disaster Mitigation Organization (TDMO). Former Head of Tehran Police (until January 2010).
                  As Commander of the Law Enforcement Forces in the Greater Tehran, Azizollah Rajabzadeh is the highest ranking accused in the case of abuses in Kahrizak Detention Center.

                  2.

                  DORRI- NADJAFABADI Ghorban-Ali

                  POB: Najafabad (Iran)
                  DOB: 1945

                  Member of the Expediency Council and also representative of the Supreme Leader in Markazi (‘Central’) Province. Former Prosecutor General of Iran until September 2009 (former Intelligence minister under Khatami presidency).
                  As Prosecutor General of Iran, he ordered and supervised the show trials following the first post-election protests, where the accused were denied their rights, and an attorney. He also carries responsibility for the Kahrizak abuses.

                  3.

                  MORTAZAVI Said

                  POB: Meybod, Yazd (Iran)
                  DOB: 1967

                  Former Head of Iran's Anti-smuggling Task Force, former Prosecutor General of Tehran until August 2009.
                  As Tehran Prosecutor General, he issued a blanket order used for the detention of hundreds of activists, journalists and students. He was suspended from office in August 2010 after an investigation by the Iranian judiciary of his role into the deaths of three men detained on his orders following the election.

                  4.

                  ZARGAR Ahmad

                  Head of the ‘Organization for the Preservation of Morality’. Former judge, Tehran Appeals Court, branch 36.
                  He confirmed long-term jail warrants and death warrants against protesters.

                  5.

                  ABBASZADEH- MESHKINI, Mahmoud

                  Governor of Ilam Province. Former Interior Ministry's political director.
                  As Head of the Article 10 Committee of the Law on Activities of Political Parties and Groups he was in charge of authorising demonstrations and other public events and registering political parties.
                  In 2010, he suspended the activities of two reformist political parties linked to Mousavi — the Islamic Iran Participation Front and the Islamic Revolution Mujahedeen Organization.
                  From 2009 onwards he has consistently and continuously prohibited all non-governmental gatherings, therefore denying a constitutional right to protest and leading to many arrests of peaceful demonstrators in contravention of the right to freedom of assembly.
                  He also denied in 2009 the opposition a permit for a ceremony to mourn people killed in protests over the Presidential elections.

                  10.10.2011

                  6.

                  FIRUZABADI Maj-Gen Dr Seyyed Hasan (Aka: FIRUZABADI Maj-Gen Dr Seyed Hassan; FIROUZABADI Maj-Gen Dr Seyyed Hasan; FIROUZABADI Maj-Gen Dr Seyed Hassan)

                  POB: Mashad
                  DOB: 3.2.1951

                  As Chief of Staff of Iran's Armed Forces, he is the highest military commander responsible for directing all military divisions and policies, including the Islamic Revolutionary Guards Corps (IRGC) and police. Forces under his formal chain of command brutally suppressed peaceful protestors and perpetrated mass detentions.
                  Also member of the Supreme National Security Council (SNSC) and the Expediency Council.

                  10.10.2011

                  7.

                  JOKAR Mohammad Saleh

                  Since 2011 Parliamentary Deputy for Yazd Province. Former Commander of Student Basij Forces.
                  In the capacity of Commander of Student Basij Forces he was actively involved in suppressing protests in schools and universities and extra-judicial detention of activists and journalists.

                  10.10.2011

                  8.

                  SALARKIA Mahmoud

                  Director of Tehran Football Club ‘Persepolis’

                  Head of the Petrol and Transport commission of the City of Tehran. Deputy to the Prosecutor-General of Tehran for Prison Affairs during the crackdown of 2009.
                  As Deputy to the Prosecutor-General of Tehran for Prison Affairs he was directly responsible for many of the arrest warrants against innocent, peaceful protesters and activists. Many reports from human rights defenders show that virtually all those arrested are, on his instruction, held incommunicado without access to their lawyer or families, and without charge, for varying lengths of time, often in conditions amounting to enforced disappearance. Their families are often not notified of the arrest.

                  10.10.2011

                  9.

                  SOURI Hojatollah

                  Parliamentary deputy for Lorestan Province. Member of the Parliamentary Commission for Foreign and Security Policy. Former head of Evin prison.
                  As head of Evin prison during 2009, he was responsible for severe human rights abuses in this prison during his time in office, such as beatings and mental and sexual abuse. According to consistent information from different sources, torture is a common practice in Evin prison. In Ward 209, many activists are being held for their peaceful activities in opposition to the ruling government.

                  10.10.2011

                  10.

                  TALA Hossein (Aka: TALA Hosseyn)

                  Deputy Governor-General (‘Farmandar’) of Tehran Province until September 2010, in particular responsible for the intervention of police forces and therefore for the repression of demonstrations.
                  He received a prize in December 2010 for his role in the post-election repression.

                  10.10.2011

                  11.

                  TAMADDON Morteza (Aka: TAMADON Morteza)

                  POB: Shahr Kord-Isfahan
                  DOB: 1959

                  Former Governor-General of Tehran Province, and head of Tehran provincial Public Security Council, member of the IRGC.
                  In his capacity as governor and head of Tehran provincial Public Security Council, he was bearing overall responsibility for all repressive activities, including cracking down on political protests in June 2009. He is known for being personally involved in the harassment of opposition leaders Karroubi and Moussavi.

                  10.10.2011

                  12.

                  BAKHTIARI Seyyed Morteza

                  POB: Mashad (Iran)
                  DOB: 1952

                  Former Minister of Justice (2009-2013), former Isfahan Governor-General and Director of the State Prisons Organisation (until June 2004).
                  As Minister of Justice, he played a key role in threatening and harassing the Iranian diaspora by announcing the establishment of a special court to deal specifically with Iranians who live outside the country. With the Tehran Prosecutor's assistance, two branches of the courts of first instance and appeal courts and several branches of the magistrate courts will be assigned to deal with expatriate affairs.

                  10.10.2011

                  13.

                  HOSSEINI Dr Mohammad (Aka: HOSSEYNI, Dr Seyyed Mohammad; Seyed, Sayyed and Sayyid)

                  POB: Rafsanjan, Kerman
                  DOB: 1961

                  Former Minister of Culture and Islamic Guidance (2009-2013).
                  Ex-IRGC, he was complicit in the repression of journalists.

                  10.10.2011

                  14.

                  MOSLEHI Heydar (Aka: MOSLEHI Heidar; MOSLEHI Haidar)

                  POB: Isfahan (Iran)
                  DOB: 1956

                  Former Minister of Intelligence (2009-2013).
                  Under his leadership, the Ministry of Intelligence has continued the practices of widespread arbitrary detention and persecution of protesters and dissidents. The Ministry of Intelligence continues to run Ward 209 of Evin Prison, where many activists are being held on account of their peaceful activities in opposition to the government in power. Interrogators from the Ministry of Intelligence have subjected prisoners in Ward 209 to beatings and mental and sexual abuse. As former Minister of Intelligence, Moslehi bears responsibility for abuse during his time in office.

                  10.10.2011

                  15.

                  TAGHIPOUR Reza

                  POB: Maragheh (Iran)
                  DOB: 1957

                  Member of the City Council of Tehran. Former Minister for Information and Communications (2009-2012).
                  As Minister for Information, he was one of the top officials in charge of censorship and control of internet activities and also all types of communications (in particular mobile phones). During interrogations of political detainees, the interrogators make use of the detainees' personal data, mail and communications. On several occasions following the last presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.

                  23.3.2012

                  16

                  EMADI, Hamid Reza (aka: Hamidreza Emadi)

                  Date of Birth: appr. 1973
                  Place of Birth: Hamedan
                  Place of residence: Tehran
                  Place of work: Press TV HQ, Tehran

                  Press TV Newsroom Director. Former Press TV Senior Producer.
                  Responsible for producing and broadcasting the forced confessions of detainees, including journalists, political activists, persons belonging to Kurdish and Arab minorities, violating internationally recognised rights to a fair trial and due process. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100 000 for broadcasting the forced confession of Iranian-Canadian journalist and film-maker Maziar Bahari in 2011, which was filmed in prison whilst Bahari was under duress. NGOs have reported further instances of forced televised confessions by Press TV. Emadi is therefore associated with violating the right to due process and fair trial.

                  12.3.2013


title: Commission Implementing Regulation (EU) No 633/2013 of 28 June 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               29.6.2013

               EN

               Official Journal of the European Union

               L 179/87

         COMMISSION IMPLEMENTING REGULATION (EU) No 633/2013
   of 28 June 2013
   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, 28 June 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            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

                  AL

                  55,3

                  MK

                  46,1

                  ZZ

                  50,7

                  0707 00 05

                  MK

                  25,2

                  TR

                  113,2

                  ZZ

                  69,2

                  0709 93 10

                  TR

                  130,5

                  ZZ

                  130,5

                  0805 50 10

                  AR

                  85,5

                  TR

                  99,2

                  ZA

                  107,4

                  ZZ

                  97,4

                  0808 10 80

                  AR

                  157,4

                  BR

                  111,9

                  CL

                  114,0

                  CN

                  115,2

                  NZ

                  142,9

                  TR

                  99,8

                  ZA

                  120,5

                  ZZ

                  123,1

                  0809 10 00

                  IL

                  275,4

                  TR

                  211,6

                  ZZ

                  243,5

                  0809 29 00

                  TR

                  347,1

                  US

                  605,0

                  ZZ

                  476,1

                  0809 30

                  TR

                  246,3

                  ZZ

                  246,3

                  0809 40 05

                  CL

                  216,9

                  IL

                  308,9

                  ZA

                  377,9

                  ZZ

                  301,2

         (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: Commission Implementing Regulation (EU) 2015/2259 of 4 December 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               5.12.2015

               EN

               Official Journal of the European Union

               L 321/56

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2259
   of 4 December 2015
   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, 4 December 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  78,9

                  TR

                  83,5

                  ZZ

                  81,2

                  0707 00 05

                  MA

                  95,7

                  TR

                  152,2

                  ZZ

                  124,0

                  0709 93 10

                  MA

                  71,3

                  TR

                  159,2

                  ZZ

                  115,3

                  0805 10 20

                  MA

                  83,9

                  TR

                  50,5

                  UY

                  52,1

                  ZA

                  70,1

                  ZZ

                  64,2

                  0805 20 10

                  MA

                  72,9

                  ZZ

                  72,9

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

                  TR

                  89,7

                  ZA

                  96,8

                  ZZ

                  93,3

                  0805 50 10

                  TR

                  109,2

                  ZZ

                  109,2

                  0808 10 80

                  AU

                  155,4

                  CA

                  159,0

                  CL

                  92,5

                  NZ

                  213,1

                  US

                  116,7

                  ZA

                  123,2

                  ZZ

                  143,3

                  0808 30 90

                  CN

                  80,5

                  TR

                  154,7

                  ZZ

                  117,6

         (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’.


title: Commission Implementing Regulation (EU) 2015/737 of 7 May 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.5.2015

               EN

               Official Journal of the European Union

               L 117/45

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/737
   of 7 May 2015
   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, 7 May 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  83,5

                  TN

                  392,6

                  TR

                  94,0

                  ZZ

                  190,0

                  0707 00 05

                  AL

                  49,4

                  TR

                  109,0

                  ZZ

                  79,2

                  0709 93 10

                  MA

                  112,6

                  TR

                  138,9

                  ZZ

                  125,8

                  0805 10 20

                  EG

                  48,2

                  IL

                  75,0

                  MA

                  48,6

                  MO

                  59,6

                  ZA

                  60,1

                  ZZ

                  58,3

                  0805 50 10

                  BR

                  107,1

                  MA

                  73,0

                  TR

                  56,0

                  ZZ

                  78,7

                  0808 10 80

                  AR

                  99,8

                  BR

                  100,9

                  CL

                  124,4

                  MK

                  32,8

                  NZ

                  157,4

                  US

                  234,9

                  ZA

                  118,4

                  ZZ

                  124,1

         (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) 2015/1749 of 30 September 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               1.10.2015

               EN

               Official Journal of the European Union

               L 256/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1749
   of 30 September 2015
   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, 30 September 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-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

                  AL

                  46,6

                  MA

                  232,5

                  MK

                  48,7

                  TR

                  81,7

                  XS

                  39,0

                  ZZ

                  89,7

                  0707 00 05

                  AL

                  46,1

                  MK

                  41,5

                  TR

                  122,2

                  ZZ

                  69,9

                  0709 93 10

                  TR

                  134,1

                  ZZ

                  134,1

                  0805 50 10

                  AR

                  139,9

                  BO

                  148,1

                  CL

                  167,0

                  EG

                  55,4

                  UY

                  103,7

                  ZA

                  137,2

                  ZZ

                  125,2

                  0806 10 10

                  BR

                  257,8

                  EG

                  177,1

                  MK

                  32,3

                  TR

                  145,4

                  ZZ

                  153,2

                  0808 10 80

                  AR

                  264,2

                  BR

                  35,7

                  CL

                  134,5

                  NZ

                  142,6

                  US

                  107,9

                  UY

                  48,0

                  ZA

                  144,4

                  ZZ

                  125,3

                  0808 30 90

                  AR

                  131,9

                  CL

                  148,3

                  NZ

                  175,8

                  TR

                  129,3

                  XS

                  96,2

                  ZA

                  220,9

                  ZZ

                  150,4

         (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: Council Implementing Regulation (EU) No 311/2013 of 3 April 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 467/2010 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not

text:
               5.4.2013

               EN

               Official Journal of the European Union

               L 95/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 311/2013
   of 3 April 2013
   extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 467/2010 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not
   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 13 thereof,
   Having regard to the proposal from the European Commission after having consulted the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               By Implementing Regulation (EU) No 467/2010 (2) (‘the original Regulation’) the Council imposed a definitive anti-dumping duty of 19 % on imports of silicon originating in the People’s Republic of China (‘the PRC’) for all companies other than the one mentioned in Article 1(2) of that Regulation, following the expiry review and a partial interim review of the measures imposed by Council Regulation (EC) No 398/2004 (3). The original Regulation also maintained the duty which was extended by virtue of Council Regulation (EC) No 42/2007 (4) to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not. The measures imposed by the original Regulation are hereinafter referred to as ‘the measures in force’ or ‘original measures’ and the investigation that led to the measures imposed by the original Regulation is hereinafter referred to as ‘the original investigation’.

         1.2.   Request

               (2)

               On 15 May 2012, the European Commission (‘the Commission’) received a request pursuant to Articles 13(3) and 14(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of silicon originating in the PRC and to make imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, subject to registration.

               (3)

               The request was lodged by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (‘the applicant’) on behalf of producers representing 100 % of the Union production of silicon.

               (4)

               The applicant argued that there is no genuine production of silicon in Taiwan and the request contained sufficient 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 and Taiwan to the Union occurred, for which there was no sufficient due cause or justification other than the imposition of the measures in force. That change allegedly stemmed from the transhipment of silicon originating in the PRC via Taiwan to the Union.

               (5)

               Furthermore, the applicant argued that the evidence 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 from Taiwan were made at prices below the non-injurious price established in the original investigation. Finally, there was evidence that the prices of silicon consigned from Taiwan were dumped in relation to the normal value previously established for the product concerned during the original investigation.

         1.3.   Initiation

               (6)

               Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission initiated an investigation by Regulation (EU) No 596/2012 (5) (‘the initiating Regulation’) of the possible circumvention of the anti-dumping measures imposed on imports of silicon originating in the PRC and also directed the custom authorities to register imports of silicon consigned from Taiwan, whether declared as originating in Taiwan, or not.

         1.4.   Investigation

               (7)

               The Commission officially advised the authorities of the PRC and Taiwan, the exporting producers in those countries, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation.

               (8)

               Exemption forms were sent to the producers/exporters in Taiwan known to the Commission and through the Authorities of Taiwan to the European Union. Questionnaires were sent to the producers/exporters in the PRC known to the Commission and through the Authorities of the PRC to the European Union. Questionnaires were also sent to the known importers in the Union.

               (9)

               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 the facts available.

               (10)

               Three Taiwanese producers/exporters, belonging to one group, and three unrelated importers in the Union made themselves known and submitted replies to the exemption forms and to the questionnaires, respectively.

               (11)

               The Commission carried out verification visits at the premises of the three following related companies, part of the Group referred to in recital 10:

                           —

                           Asia Metallurgical Co. Ltd (Taiwan),

                           —

                           Latitude Co. Ltd (Taiwan),

                           —

                           YLB Co. Ltd (Taiwan).

         1.5.   Reporting period and investigation period

               (12)

               The investigation period covered the period from 1 January 2008 to 30 June 2012 (‘the IP’). Data were collected for the IP to investigate, inter alia, the alleged change in the pattern of trade. More detailed data were collected for the reporting period from 1 July 2011 to 30 June 2012 (‘the RP’) 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

               (13)

               In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was made by analysing successively whether there was a change in the pattern of trade between the PRC, Taiwan and the Union; if that 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; if 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 product under investigation; and whether there was evidence of dumping in relation to the normal values previously established for the product concerned in the original investigation, if necessary in accordance with the provisions of Article 2 of the basic Regulation.

         2.2.   Product concerned and product under investigation

               (14)

               The product concerned by the possible circumvention is silicon metal, originating in the PRC, currently falling within CN code 2804 69 00 (silicon content less than 99,99 % by weight) (‘the product concerned’). Purely by reason of the current classification set out in the Combined Nomenclature, it should be read ‘silicon’. Silicon with a higher purity, that is containing by weight not less than 99,99 % of silicon, used mostly in the electronic semi-conductor industry, falls under a different CN code and is not covered by this proceeding.

               (15)

               The product under investigation is the same as that defined above, but consigned from Taiwan, whether declared as originating in Taiwan or not, currently falling within the same CN code as the product concerned (‘the product under investigation’).

               (16)

               The investigation showed that silicon, as defined above, exported from the PRC to the Union and silicon consigned from Taiwan to the Union has the same basic physical and technical characteristics and has the same use, and is therefore to be considered as a like product within the meaning of Article 1(4) of the basic Regulation.

         2.3.   Findings

   2.3.1.   Level of cooperation

               (17)

               As stated in recital 10, only three Taiwanese companies belonging to the same group of companies submitted exemption form replies. A comparison of their exports into the Union to the Eurostat import data, showed that the cooperating companies were representing 65 % of the Taiwanese exports of the product under investigation to the Union in the RP.

               (18)

               There was no cooperation from the exporting producers of silicon in the PRC. Therefore, findings in respect of imports of silicon from the PRC into the Union and exports from the PRC into Taiwan had to be made on the basis of data from Eurostat import data, Taiwanese import statistics and data gathered from the cooperating Taiwanese companies.

         2.3.2.   Change in the pattern of trade

               (19)

               Table 1 shows imports of silicon from the PRC and Taiwan into the Union between 2004 and the end of the RP.

                  Table 1

                           (in MT)

                           2004

                           2005

                           2006

                           2007

                           2008

                           2009

                           2010

                           2011

                           RP

                           PRC

                           1 268

                           27 635

                           1 435

                           9 671

                           5 353

                           6 669

                           11 448

                           13 312

                           5 488

                           Taiwan

                           0

                           2,7

                           0,2

                           340

                           3 381

                           5 199

                           11 042

                           5 367

                           2 707

                              Source: Eurostat.

               (20)

               The data from Eurostat clearly show that there were no imports from Taiwan into the Union at all in 2004. They went up with more than 300 % in 2008 and remained very high. The imports doubled again in 2010, following the imposition of new measures against the PRC.

               (21)

               In 2011, the imports into the Union from Taiwan decreased. This development may be attributable to an anti-fraud investigation which was launched by OLAF around that time. The Commission was informed that the Taiwanese issuing authority, the Bureau of Foreign Trade of Taiwan (BOFT) withdrew the certificates of origin of silicon from all Taiwanese producers in 2011. That decision to withdraw the certificates was appealed by the three Taiwanese exporters referred to in recitals 10 and 11 above (‘Group of exporters’). The board of appeal quashed the decision of the BOFT, and the certificates in question were re-issued to those three Taiwanese producers/exporters, but not to the other Taiwanese producers.

               (22)

               In this context, the Commission also observes that the presentation of a non-preferential certificate of origin is not required for the customs formalities at importation into the Union and that in the event of serious doubt, such a certificate cannot serve as proof of the non-preferential origin of the declared product (Article 26 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6)).

               (23)

               The imports of silicon from the PRC into the Union have been increasing since 2008. In particular, it is observed that these imports are still increasing after the imposition of the measures in 2010. This development can be explained by the fact that the anti-dumping duty went down significantly in 2010, namely from 49 % to 19 %.

      Table 2

               (in MT)

               2003

               2004

               2005

               2006

               2007

               2008

               2009

               2010

               2011

               RP

               16 530

               16 600

               7 101

               10 514

               3 675

               15 893

               16 007

               17 912

               9 177

               10 507

                  Source: Chinese export statistics.

               (24)

               Table 2 shows imports from the PRC into Taiwan. The data from the Chinese exports database show that imports were at their highest in 2010 following the imposition of the original measures. The decrease in 2011 can be explained by the anti-fraud investigation as explained in recital 21.

               (25)

               It is considered that there is a change in the pattern of trade since there were no imports of silicon from Taiwan into the Union at all in 2004. They really started as from 2007 and became very important in 2008. They remain at a very high level up to the RP, with a reduction in 2011 because of the possible reason which is explained in recital 21.

         2.3.3.   Nature of the circumvention practice and insufficient due cause or economic justification

               (26)

               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 consignment of the product subject to measures via third countries. The Commission takes the view that in the present case, the change in the pattern of trade stems from the consignment of the product subject to measures via a third country.

               (27)

               The Commission first of all notes that there is no production of silicon in Taiwan. None of the producers/exporters have denied the fact that they import the silicon they export from the PRC.

               (28)

               Secondly, with the exception of the Group of exporters, the producers/exporters have not provided any economic justification other than the imposition of the duty for their activity.

               (29)

               The Group of exporters alleged that they import silicon lumps of very low quality in bags from the PRC. They claim that the silicon lumps are then tumbled, crushed, sieved and packed in bags again before being exported to the Union market. After that operation, they alleged that the product is of a higher quality.

               (30)

               They claim that this operation constitutes a unique purification method, developed in cooperation with the University of Taipei, which allegedly eliminates 80 % of the impurities in the silicon metal lumps imported from the PRC. During the onsite verification, it was however observed that their process was a simple tumbling, sieving and crushing operation which removes some surface impurities such as oxidation and dust, but which did not remove in particular the main impurities inside the silicon lumps. The processed product thus kept the same physical and technical basic characteristics as the product concerned.

               (31)

               The evidence collected and verified during the investigation, in particular the purchase invoices, the sales invoices and the accompanying documents such as the bill of lading, and other customs documents, showed that the products purchased and sold for export by the Group of exporters were in most cases of the same specifications. The records relating to the stocks in the warehouses of the Group, located close to harbours, also showed that there was not always time to process all batches of silicon purchased in the PRC with the method that they claimed to apply. Furthermore, the information available, in particular from producers in the Union, shows that in order to remove the inner impurities of the silicon lump, either a crushing followed by a chemical treatment or a melting process is necessary. Neither of those processes has been used by the Group of exporters.

               (32)

               It is also noteworthy that in 2010, acting upon a reference for a preliminary ruling under Article 234 of the Treaty establishing the European Community (now Article 267 of the Treaty on the Functioning of the European Union) from Finanzgericht Düsseldorf (Hoesch Metals and Alloys GmbH v Hauptzollamt Aachen), in a matter relating to the antidumping measures against silicon from the PRC, the Court of Justice ruled: ‘The separation, crushing and purification of silicon metal blocks and the subsequent sieving, sorting and packaging of the silicon grains resulting from the crushing, as carried out in the main proceedings, do not constitute origin-conferring processing or working for the purposes of Article 24 of the Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code.’ (7) The purification process as carried out by the Group of exporters is considered to be similar to the one as described in that ruling.

               (33)

               The investigation also revealed that the purification process amounts to less than 5 % of the total cost of the Group of exporters. It was furthermore confirmed that the price of the silicon sold into the Union by the Group and the price of the silicon purchased in the PRC by the Group during the IP, never showed a difference of more than 11 %.

               (34)

               In the light of those considerations, it is concluded that also for the Group of exporters the import from the PRC and the subsequent export to the Union of the Silicon is to be considered as a transhipment and thus circumvention in the sense of Article 13 of the Basic Regulation.

               (35)

               It is therefore concluded that the investigation did not bring to light any other due cause or economic justification for the transhipment than the avoidance of the measures in force on the product concerned, namely the 19 % anti-dumping duty on the PRC. No elements were found, other than the duty, which could be considered as a compensation for the costs of transhipment, in particular regarding transport and reloading, of silicon originating in the PRC via Taiwan.

         2.3.4.   Evidence of dumping

               (36)

               In accordance with Article 13(1) of the basic Regulation it was examined whether there was evidence of dumping in relation to the normal value established in the original investigation.

               (37)

               In the original Regulation, the normal value was established on the basis of prices in Brazil, which in that investigation was found to be an appropriate market economy analogue country for the PRC. In line with Article 13(1) of the basic Regulation it was considered appropriate to use the normal value as previously established in the original investigation. Two PCNs from the previous investigation matched with the two PCNs of the exporting companies. Export prices were established in accordance with Article 2(8) of the basic Regulation, namely the prices actually paid or payable for export of the product under investigation into the Union.

               (38)

               For the purpose of a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences which affect prices and price comparability, in accordance with Article 2(10) of the basic Regulation. Accordingly, adjustments were made to the export price for transport and insurance in order to bring prices at the same level of trade. In accordance with Article 2(11) and 2(12) of the basic Regulation, dumping was calculated by comparing the adjusted weighted average normal value as established in the original Regulation and the corresponding weighted average export prices of the Taiwanese import during this investigation’s RP, expressed as a percentage of the CIF price at the Union frontier duty unpaid.

               (39)

               The comparison of the weighted average normal value and the weighted average export price as established in the investigation showed the existence of dumping.

         2.3.5.   Undermining the remedial effects of the anti-dumping duty in terms of prices and quantities

               (40)

               The comparison of the injury elimination level as established in the original Regulation and the weighted average export price showed the existence of undercutting and underselling. It was therefore concluded that the remedial effects of the measures in force are being undermined in terms of prices and quantities.

         3.   MEASURES

               (41)

               Given the above, it was concluded that the original measure, namely the definitive anti-dumping duty imposed on imports of silicon originating in the PRC, was circumvented by transhipment via Taiwan within the meaning of Article 13(1) of the basic Regulation.

               (42)

               In accordance with the first sentence of Article 13(1) of the basic Regulation, the measures in force on imports of the product concerned are to be extended to imports of the product under investigation, i.e. the same product as the product concerned but consigned from Taiwan, whether declared as originating in Taiwan or not.

               (43)

               The measures established in Article 1(2) of Implementing Regulation (EU) No 467/2010 for ‘all other companies’ from the PRC, should therefore be extended to imports from Taiwan. The level of duty should be set at 19 % applicable to the net, free-at-Union-frontier price, before duty.

               (44)

               In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measure should apply to imports which entered the Union under registration imposed by the initiating Regulation, duties should be collected on those registered imports of silicon consigned from Taiwan.

         4.   REQUESTS FOR EXEMPTION

               (45)

               As explained in recital 10, three companies located in Taiwan, belonging to one group, submitted exemption form responses requesting an exemption from the possible extended measures in accordance with Article 13(4) of the basic Regulation.

               (46)

               In view of the findings with regard to the change in the pattern of trade, the lack of real production in Taiwan and the export under the same customs code as set out in recitals 19 to 29, the exemptions as requested by those three companies could not be granted, in accordance with Article 13(4) of the basic Regulation.

               (47)

               Without prejudice to Article 11(3) of the basic Regulation, the potential exporters/producers in Taiwan which did not come forward in this proceeding and did not export the product under investigation during the IP, which intend to lodge a request for an exemption from the extended anti-dumping duty pursuant to Articles 11(4) and 13(4) of the basic Regulation will be required to complete an exemption form in order to enable the Commission to assess such a request. Such exemption may be granted after the assessment of the market situation, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-spot verification visit. Provided that the conditions set in Articles 11(4) and 13(4) of the basic Regulation are met, an exemption may be warranted.

               (48)

               Where an exemption is warranted, the Commission may, after consulting the Advisory Committee, authorise by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) No 467/2010, from the duty extended by this Regulation.

               (49)

               The request should be addressed to the Commission, with all relevant information, in particular any modification in the company’s activities linked to the production and sales.

         5.   DISCLOSURE

               (50)

               All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. They were also granted a period to submit comments subsequent to that disclosure.

         6.   COMMENTS

               (51)

               Following disclosure, comments were received from the Group of exporters and from two importers.

               (52)

               The main argument concerned the claim that the purification carried out by the Group of exporters was origin-conferring in the sense of Article 24 of Regulation (EEC) No 2913/92. The importers presented a report concerning sample tests performed by the University of Taipei and an analysis report by an independent expert. The report concerning sample tests shows a percentage of slag reduction of 90,8 % after the purification process. The analysis by the independent expert claims that after purification only, the silicon can be used for certain melting purposes.

               (53)

               It is noted that those two studies are contradicted by the findings of the Commission during the onsite verification, as described in recital 31. In particular, it is recalled that according to the invoices, the products purchased and sold for export by the Group of exporters were in most cases of the same specifications.

               (54)

               If the claims made by the importers were true, this should also result in a much higher difference between the price at which the silicon is imported from PRC and the price at which the silicon is exported to the Union.

               (55)

               Based on the onsite inspection of the tools used for the alleged purification of the silicon, the Commission also concludes that the tools are not such as to allow for any of the two methods of purification described in recital 31.

               (56)

               Finally, the analysis report by the independent expert also ignores the fact known to the Commission that the users process their silicon before use.

               (57)

               For those reasons, the comments submitted by the parties have not been such as to alter the conclusions provisionally reached by the Commission before disclosure,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Implementing Regulation (EU) No 467/2010 on imports of silicon currently falling within CN code 2804 69 00 and originating in the People’s Republic of China, is hereby extended to imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, currently falling within CN code ex 2804 69 00 (TARIC code 2804690020).
   2.   The duty extended by paragraph 1 of this Article shall be collected on imports consigned from Taiwan, whether declared as originating in Taiwan or not, registered in accordance with Article 2 of Regulation (EU) No 596/2012 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009.
   3.   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: N-105 08/20

               1049 Bruxelles/Brussel

               BELGIQUE/BELGIË

               Fax +32 22956505

         2.   In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) No 467/2010, from the duty extended by Article 1.
   Article 3
   Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 596/2012.
   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, 3 April 2013.

            For the Council

            The President

         E. GILMORE

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

      (2)  OJ L 131, 29.5.2010, p. 1.

      (3)  OJ L 66, 4.3.2004, p. 15.

      (4)  OJ L 13, 19.1.2007, p. 1.

      (5)  OJ L 176, 6.7.2012, p. 50.

      (6)  OJ L 302, 19.10.1992, p. 1.

      (7)  See Case C-373/08, 2010 ECR-I 951, at paragraphs 55 and 80.