title: Commission Implementing Regulation (EU) 2017/2329 of 14 December 2017 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Text with EEA relevance. )

text:
                  15.12.2017

                  EN

                  Official Journal of the European Union

                  L 333/29

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2329
      of 14 December 2017
      amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 33(2) and (3) and Article 38(d) thereof,
      Whereas:

                  (1)

                  Annex III to Commission Regulation (EC) No 1235/2008 (2) sets out the list of third countries whose systems of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Regulation (EC) No 834/2007.

                  (2)

                  According to information provided by Costa Rica, the names of the control bodies ‘Kiwa BCS Öko-Garantie GmbH’, ‘Control Union Certifications’ and ‘Primus lab’ have been changed to ‘Kiwa BCS Costa Rica Limitada’, ‘Control Union Perú’ and ‘PrimusLabs.com CR S.A.’ respectively. Costa Rica has also informed the Commission that the ‘Servicio Fitosanitario del Estado, Ministerio de Agricultura y Ganadería’ is no longer a control body and that the other control bodies are the certification issuing bodies, and not the Ministry of Agriculture.

                  (3)

                  Japan has informed the Commission that its competent authority has added two control bodies, namely Japan Food Research Laboratories and Leafearth Company, to the list of control bodies recognised by Japan and that the names of ‘Bureau Veritas Japan, Inc.’ and ‘Hyogo prefectural Organic Agriculture Society (HOAS)’ and the internet address of ‘Organic Certification Association’ have changed.

                  (4)

                  According to information provided by New Zealand, the internet address of the competent authority has changed.

                  (5)

                  The Republic of Korea has informed the Commission that its competent authority has added the control body ‘Industry-Academic Cooperation Foundation, SCNU’ to the list of control bodies recognised by the Republic of Korea.

                  (6)

                  The duration of the inclusion of the Republic of Korea in the list in Annex III to Regulation (EC) No 1235/2008 ends on 31 January 2018. Given that the Republic of Korea continues to satisfy the conditions laid down in Article 33(2) of Regulation (EC) No 834/2007, the inclusion should be prolonged for an unspecified period.

                  (7)

                  Annex IV to Regulation (EC) No 1235/2008 sets out the list of control authorities and control bodies competent to carry out controls and issue certificates in third countries for the purpose of equivalence.

                  (8)

                  The duration of the recognition in accordance with Article 33(3) of Regulation (EC) No 834/2007 of the control bodies listed in Annex IV to Regulation (EC) No 1235/2008 ends on 30 June 2018. Based on the results of the continuous supervision carried out by the Commission, the recognition of those control bodies should be extended until 30 June 2021.

                  (9)

                  ‘Albinspekt’ has notified the Commission of the change of its address.

                  (10)

                  The Commission has received and examined a request from ‘BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’ for product categories A and D in respect of Turkey.

                  (11)

                  The Commission has received and examined a request from ‘BIOCert Indonesia’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘BIOCert Indonesia’ for Indonesia for product categories A and D.

                  (12)

                  The Commission has received and examined a request from ‘bio.inspecta AG’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Afghanistan, China and Nepal.

                  (13)

                  The entry of ‘Bolicert Ltd’ in the list set out in Annex IV to Regulation (EC) No 1235/2008 was suspended by Implementing Regulation (EU) 2017/1473 (3). In order to lift the temporary suspension, the Commission invited ‘Bolicert Ltd’ to provide a valid accreditation certificate from IOAS (the accreditation organisation of ‘Bolicert Ltd’) and to take appropriate and timely remedial action in accordance with the requirements of Regulation (EC) No 834/2007. IOAS has informed the Commission that it has decided to lift the suspension because it had received satisfactory information on corrective actions by ‘Bolicert Ltd’. Based on that information, the Commission has concluded that it is justified to include ‘Bolicert Ltd’ in Annex IV again under the same conditions as before the suspension.

                  (14)

                  The Commission has received and examined a request from ‘CCPB Srl’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, D, E and F to Albania, Algeria, the United Arab Emirates and South Africa, for product category A to Uganda, for product categories A and D to Afghanistan, Armenia, Ethiopia, Ghana, Nigeria, Senegal and Uzbekistan, for product categories A, D and E to Belarus, Kazakhstan, Moldova, Russia, Serbia, Thailand, Tajikistan and Turkmenistan, for product categories A, B, D and E to Azerbaijan, Kyrgyzstan and Ukraine, for products categories A, B and D to Qatar and for product category D to Tunisia.

                  (15)

                  The Commission has received and examined a request from ‘Control Union Certifications’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B, C, D, E and F to Brunei, Cook Islands, French Polynesia, Georgia, Grenada, Guyana, Jordan, Kuwait, Lebanon, Papua New Guinea, Sao Tome and Principe, Seychelles, Tajikistan, Turkmenistan and Venezuela, for product categories B, C, D (only wine) and E to Australia, for product categories C and E to New Zealand, for product category B to Tonga and Tunisia and for product category F to Tuvalu.

                  (16)

                  The Commission has received and examined a request from ‘Ecocert SA’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories D (wine) and E to Argentina, to extend the recognition for Japan, Kyrgyzstan and Zimbabwe to product category B, the recognition for Georgia and Mozambique to product category E, and the recognition for Paraguay and Uruguay to product category F.

                  (17)

                  The Commission has received and examined a request from ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Bolivia, Colombia and Laos, for product categories A, C, D and E to Chile, for product category D to Costa Rica and for product categories C and D (processed aquaculture products) to the United States.

                  (18)

                  ‘IMOswiss AG’ has informed the Commission that it will cease its certification activities in all third countries for which it is recognised as of 1 January 2018 and should no longer be listed in Annex IV to Regulation (EC) No 1235/2008 as from that date.

                  (19)

                  ‘Kiwa BCS Öko-Garantie GmbH’ has notified the Commission of the change of its internet address.

                  (20)

                  The Commission has received and examined a request from ‘Letis S.A’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Afghanistan, Ethiopia, Iran, Kazakhstan, Moldova, Pakistan, Russia, Tajikistan, Turkey and Ukraine.

                  (21)

                  ‘Organic agriculture certification Thailand’ has notified the Commission of the change of its name to ‘Organic Agriculture Certification Thailand (ACT)’ and of the change of its address.

                  (22)

                  The Commission has received and examined a request from ‘Organic Control System’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Bosnia and Herzegovina.

                  (23)

                  The Commission has received and examined a request from ‘Organic Standard’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the recognition for Kazakhstan, Kyrgyzstan, Moldova and Russia to product category B and to extend its recognition to wine.

                  (24)

                  The Commission has received and examined a request from ‘Organska Kontrola’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A, B and D to Kosovo (4).

                  (25)

                  The Commission has received and examined a request from ‘ORSER’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the geographical scope of its recognition for product categories A and D to Azerbaijan, Bosnia and Herzegovina, Georgia, Iran, Kazakhstan, Kyrgyzstan and Nepal.

                  (26)

                  The Commission has received and examined a request from ‘Servicio de Certificación CAAE S.L.U.’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Servicio de Certificación CAAE S.L.U.’ for product categories A and D in respect of Bolivia, Ecuador, Mexico, Morocco, Peru and Turkey.

                  (27)

                  The Commission has received and examined a request from ‘Tse-Xin Organic Certification Corporation’ to be included in the list in Annex IV to Regulation (EC) No 1235/2008. Based on the information received, the Commission has concluded that it is justified to recognise ‘Tse-Xin Organic Certification Corporation’ for product categories A and D in respect of Taiwan.

                  (28)

                  The DAkkS, an accreditation organisation in the field of organic agriculture, has informed the Commission that it has decided to suspend its accreditation of ‘Egyptian Center of Organic Agriculture (ECOA)’. Pursuant to Article 12(1)(c) of Regulation (EC) No 1235/2008, the Commission may at any time suspend the entry of a control body from the list in Annex IV to that Regulation, either in the light of the information received or where the control body has not supplied information required. ‘Egyptian Center of Organic Agriculture (ECOA)’ was invited by the Commission to provide a valid accreditation certificate and to take appropriate and timely remedial action in accordance with the requirements of Regulation (EC) No 834/2007, but did not reply satisfactorily within the deadline set. The entry of ‘Egyptian Center of Organic Agriculture (ECOA)’ should therefore be suspended in Annex IV to Regulation (EC) No 1235/2008 until satisfactory information is provided.

                  (29)

                  Annex IV to Regulation (EC) No 1235/2008 as amended by Implementing Regulation (EU) 2017/872 (*1) lists ‘IMOcert Latinoamérica Ltda’ as a recognised control body for product categories A and B in respect of Argentina and for product category A in respect of Costa Rica. Since Argentina and Costa Rica are listed in Annex III to Regulation (EC) No 1235/2008 for product categories A and B and for product category A, respectively, ‘IMOcert Latinoamérica Ltda’ could not have been recognised for those countries for those product categories in Annex IV to Regulation (EC) No 1235/2008 in accordance with Article 10(2)(b) of Regulation (EC) No 1235/2008. The recognition for those product categories in respect of those countries should therefore be deleted. ‘IMOcert Latinoamérica Ltda’ had been invited by the Commission not to certify products falling within those product categories on the basis of the erroneous reference to those product categories in respect of Argentina and Costa Rica.

                  (30)

                  Annex V to Regulation (EC) No 1235/2008 as amended by Implementing Regulation (EU) 2016/1842 (5) contains the new model of the certificate of inspection for import of organic products under the electronic certification system, to which reference is made in Article 13(2) of Regulation (EC) No 1235/2008. In this Annex, the note corresponding to box 12 of the certificate erroneously refers to box 24 instead of box 21. This error should be corrected.

                  (31)

                  Annexes III, IV and V to Regulation (EC) No 1235/2008 should therefore be amended and corrected accordingly.

                  (32)

                  The deletion of ‘IMOcert Latinoamérica Ltda’ should apply retroactively from the date of entry into force of Implementing Regulation (EU) 2017/872 and the deletion of ‘IMOswiss AG’ should apply from 1 January 2018.

                  (33)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Regulation (EC) No 1235/2008 is amended as follows:

                  (1)

                  Annex III is amended in accordance with Annex I to this Regulation;

                  (2)

                  Annex IV is amended and corrected in accordance with Annex II to this Regulation;

                  (3)

                  Annex V is corrected in accordance with Annex III to this Regulation.

            Article 2
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      Point (12) of Annex II shall apply from 12 June 2017.
      Point (13) of Annex II shall apply from 1 January 2018.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 14 December 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

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

         (3)  Commission Implementing Regulation (EU) 2017/1473 of 14 August 2017 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 210, 15.8.2017, p. 4).

         (4)  Commission Implementing Regulation (EU) 2017/872 of 22 May 2017 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 134, 23.5.2017, p. 6).

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’

         (5)  Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information (OJ L 282, 19.10.2016, p. 19).

         ANNEX I
         Annex III to Regulation (EC) No 1235/2008 is amended as follows:

                     (1)

                     The entry relating to Costa Rica is amended as follows:

                                 (a)

                                 in point 5, the row relating to code number CR-BIO-001 is deleted and the rows relating to code numbers CR-BIO-002, CR-BIO-004 and CR-BIO-006 are replaced by the following:

                                             ‘CR-BIO-002

                                             Kiwa BCS Costa Rica Limitada

                                             www.kiwa.lat

                                             CR-BIO-004

                                             Control Union Perú

                                             www.cuperu.com

                                             CR-BIO-006

                                             PrimusLabs.com CR S.A.

                                             www.primusauditingops.com’

                                 (b)

                                 point 6 is replaced by the following:

                                             ‘6.

                                             Certificate issuing bodies: as at point 5.’

                     (2)

                     In the entry relating to Japan, point 5 is amended as follows

                                 (a)

                                 the rows relating to code numbers JP-BIO-001, JP-BIO-007 and JP-BIO-018 are replaced by the following:

                                             ‘JP-BIO-001

                                             Hyogo prefectural Organic Agriculture Society, HOAS

                                             www.hyoyuken.org

                                             JP-BIO-007

                                             Bureau Veritas Japan Co., Ltd

                                             http://certification.bureauveritas.jp/cer-business/jas/nintei_list.html

                                             JP-BIO-018

                                             Organic Certification Association

                                             http://yuukinin.org/index.html’

                                 (b)

                                 the following rows are added:

                                             ‘JP-BIO-036

                                             Japan Food Research Laboratories

                                             http://www.jfrl.or.jp/jas.html

                                             JP-BIO-037

                                             Leafearth Company

                                             http://www.leafearth.jp/’

                     (3)

                     In the entry relating to New Zealand, point 4 is replaced by the following:

                                 ‘4.

                                 Competent authority: Ministry for Primary Industries (MPI)
                                 http://www.mpi.govt.nz/exporting/food/organics/’

                     (4)

                     The entry relating to the Republic of Korea is amended as follows:

                                 (a)

                                 in point 5, the following row is added:

                                             ‘KR-ORG-024

                                             Industry-Academic Cooperation Foundation, SCNU

                                             http://siacf.scnu.ac.kr/web/siacf/home’

                                 (b)

                                 point 7 is replaced by the following:

                                             ‘7.

                                                Duration of the inclusion: unspecified.’

         ANNEX II
         Annex IV to Regulation (EC) No 1235/2008 is amended and corrected as follows:

                     (1)

                     Throughout the Annex, in point 5 of all entries, the date of ‘30 June 2018’ is replaced by ‘30 June 2021’.

                     (2)

                     In the entry relating to ‘Albinspekt’, point 1 is replaced by the following:

                                 ‘1.

                                 Address: “Rr. Kavajes”, Nd.132, Hy.9, Kati 8, Ap.43 (Perballe pallatit me shigjeta), Tirana, Albania’

                     (3)

                     After the entry relating to ‘Balkan Biocert Skopje’, the following new entry is inserted:

                        ‘“BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd”

                                 1.

                                 Address: Atatürk Mahallesi 1014 Sokak No:9/5, 35920 Selçuk-ZMR, Turkey

                                 2.

                                 Internet address: http://basakekolojik.com.tr

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             TU-BIO-175

                                             Turkey

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products and wine.

                                 5.

                                 Duration of inclusion: until 30 June 2021.’

                     (4)

                     After the entry relating to ‘Bioagricert S.r.l.’, the following new entry is inserted:

                        ‘“BIOCert Indonesia”

                                 1.

                                 Address: Jl. Perdana Raya Budi Agung Ruko A1 Cimanggu Residence, 16165 Bogor, Indonesia

                                 2.

                                 Internet address: http://www.biocert.co.id

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             ID-BIO-176

                                             Indonesia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products and wine.

                                 5.

                                 Duration of inclusion: until 30 June 2021.’

                     (5)

                     In the entry relating to ‘Bio.inspecta AG’, in point 3, the following rows are inserted in the order of the code numbers:

                                 ‘AF-BIO-161

                                 Afghanistan

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 CN-BIO-161

                                 China

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 NP-BIO-161

                                 Nepal

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —’

                     (6)

                     After the entry relating to ‘Bio Latina Certificadora’, the following new entry is inserted:

                        ‘“Bolicert Ltd”

                                 1.

                                 Address: Street Colon 756, floor 2, office 2A, Edif. Valdivia Casilla 13030, La Paz, Bolivia

                                 2.

                                 Internet address: http://www.bolicert.org

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             BO-BIO-126

                                             Bolivia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products and wine.

                                 5.

                                 Duration of inclusion: until 30 June 2021.’

                     (7)

                     In the entry relating to ‘CCPB Srl’:

                                 (a)

                                 in point 3, the following rows are inserted in the order of the code numbers:

                                             ‘AE-BIO-102

                                             United Arab Emirates

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             AF-BIO-102

                                             Afghanistan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             AL-BIO-102

                                             Albania

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             AM-BIO-102

                                             Armenia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             AZ-BIO-102

                                             Azerbaijan

                                             x

                                             x

                                             —

                                             x

                                             x

                                             —

                                             BY-BIO-102

                                             Belarus

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             DZ-BIO-102

                                             Algeria

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x

                                             ET-BIO-102

                                             Ethiopia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             GH-BIO-102

                                             Ghana

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             KG-BIO-102

                                             Kyrgyzstan

                                             x

                                             x

                                             —

                                             x

                                             x

                                             —

                                             KZ-BIO-102

                                             Kazakhstan

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             MD-BIO-102

                                             Moldova

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             NG-BIO-102

                                             Nigeria

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             QA-BIO-102

                                             Qatar

                                             x

                                             x

                                             —

                                             x

                                             —

                                             —

                                             RS-BIO-102

                                             Serbia

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             RU-BIO-102

                                             Russia

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             SN-BIO-102

                                             Senegal

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TH-BIO-102

                                             Thailand

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             TJ-BIO-102

                                             Tajikistan

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             TM-BIO-102

                                             Turkmenistan

                                             x

                                             —

                                             —

                                             x

                                             x

                                             —

                                             UA-BIO-102

                                             Ukraine

                                             x

                                             x

                                             —

                                             x

                                             x

                                             —

                                             UG-BIO-102

                                             Uganda

                                             x

                                             —

                                             —

                                             —

                                             —

                                             —

                                             UZ-BIO-102

                                             Uzbekistan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             ZA-BIO-102

                                             South Africa

                                             x

                                             x

                                             —

                                             x

                                             x

                                             x’

                                 (b)

                                 in the row concerning Tunisia, a cross is added in column D;

                                 (c)

                                 point 4 is replaced by the following:

                                             ‘4.

                                             Exceptions: in-conversion products and products covered by Annex III.’

                     (8)

                     The entry relating to ‘Control Union Certifications’ is amended as follows:

                                 (a)

                                 in point 3, the following rows are inserted in the order of the code numbers:

                                             ‘AU-BIO-149

                                             Australia

                                             —

                                             x

                                             x

                                             x

                                             x

                                             —

                                             BN-BIO-149

                                             Brunei

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             CK-BIO-149

                                             Cook Islands

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             GD-BIO-149

                                             Grenada

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             GE-BIO-149

                                             Georgia

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             GY-BIO-149

                                             Guyana

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             JO-BIO-149

                                             Jordan

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             KW-BIO-149

                                             Kuwait

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             LB-BIO-149

                                             Lebanon

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             NZ-BIO-149

                                             New Zealand

                                             —

                                             —

                                             x

                                             —

                                             x

                                             —

                                             PF-BIO-149

                                             French Polynesia

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             PG-BIO-149

                                             Papua New Guinea

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             SC-BIO-149

                                             Seychelles

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             ST-BIO-149

                                             Sao Tome and Principe

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             TJ-BIO-149

                                             Tajikistan

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             TM-BIO-149

                                             Turkmenistan

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x

                                             TN-BIO-149

                                             Tunisia

                                             —

                                             x

                                             —

                                             —

                                             —

                                             —

                                             TO-BIO-149

                                             Tonga

                                             —

                                             x

                                             —

                                             —

                                             —

                                             —

                                             TV-BIO-149

                                             Tuvalu

                                             —

                                             —

                                             —

                                             —

                                             —

                                             x

                                             VE-BIO-149

                                             Venezuela

                                             x

                                             x

                                             x

                                             x

                                             x

                                             x’

                                 (b)

                                 point 4 is replaced by the following:

                                             ‘4.

                                             Exceptions: in-conversion products and products covered by Annex III.’

                     (9)

                     In the entry relating to ‘Ecocert SA’, point 3 is amended as follows:

                                 (a)

                                 the following row is inserted in the order of the code numbers:

                                             ‘AR-BIO-154

                                             Argentina

                                             —

                                             —

                                             —

                                             x

                                             x

                                             —’

                                 (b)

                                 in the rows concerning Georgia and Mozambique, a cross is added in column E;

                                 (c)

                                 in the rows concerning Japan, Kyrgyzstan and Zimbabwe, a cross is added in column B;

                                 (d)

                                 in the rows concerning Paraguay and Uruguay, a cross is added in column F.

                     (10)

                     The entry relating to ‘Florida Certified Organic Growers and Consumers, Inc. (FOG), DBA as Quality Certification Services (QCS)’ is amended as follows:

                                 (a)

                                 in point 3, the following rows are inserted in the order of the code numbers:

                                             ‘BO-BIO-144

                                             Bolivia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             CL-BIO-144

                                             Chile

                                             x

                                             —

                                             x

                                             x

                                             x

                                             —

                                             CO-BIO-144

                                             Colombia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             CR-BIO-144

                                             Costa Rica

                                             —

                                             —

                                             —

                                             —

                                             x

                                             —

                                             LA-BIO-144

                                             Laos

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             US-BIO-144

                                             United States

                                             —

                                             —

                                             x

                                             x

                                             —

                                             —’

                                 (b)

                                 point 4 is replaced by the following:

                                             ‘4.

                                             Exceptions: in-conversion products, wine and products covered by Annex III.’

                     (11)

                     The entry relating to the ‘Egyptian Center of Organic Agriculture (ECOA)’ is deleted.

                     (12)

                     In the entry relating to ‘IMOcert Latinoamérica Ltda.’, in point 3, the rows relating to Argentina and Costa Rica are replaced by the following:

                                 ‘AR-BIO-123

                                 Argentina

                                 —

                                 —

                                 —

                                 x

                                 —

                                 —

                                 CR-BIO-123

                                 Costa Rica

                                 —

                                 x

                                 —

                                 x

                                 —

                                 —’

                     (13)

                     The entry relating to ‘IMOswiss AG’ is deleted.

                     (14)

                     In the entry relating to ‘Kiwa BCS Öko-Garantie GmbH’, point 2 is replaced by the following:

                                 ‘2.

                                 Internet address: www.kiwabcs-oeko.com’

                     (15)

                     In the entry relating to ‘Letis S.A’, in point 3, the following rows are inserted in the order of the code numbers:

                                 ‘AF-BIO-135

                                 Afghanistan

                                 x

                                 —

                                 x

                                 —

                                 —

                                 ET-BIO-135

                                 Ethiopia

                                 x

                                 —

                                 x

                                 —

                                 —

                                 IR-BIO-135

                                 Iran

                                 x

                                 —

                                 x

                                 —

                                 —

                                 KZ-BIO-135

                                 Kazakhstan

                                 x

                                 —

                                 x

                                 —

                                 —

                                 MD-BIO-135

                                 Moldova

                                 x

                                 —

                                 x

                                 —

                                 —

                                 PK-BIO-135

                                 Pakistan

                                 x

                                 —

                                 x

                                 —

                                 —

                                 RU-BIO-135

                                 Russia

                                 x

                                 —

                                 x

                                 —

                                 —

                                 TJ-BIO-135

                                 Tajikistan

                                 x

                                 —

                                 x

                                 —

                                 —

                                 TR-BIO-135

                                 Turkey

                                 x

                                 —

                                 x

                                 —

                                 —

                                 UA-BIO-135

                                 Ukraine

                                 x

                                 —

                                 x

                                 —

                                 —’

                     (16)

                     The entry relating to ‘Organic agriculture certification Thailand’, is amended as follows:

                                 (a)

                                 the name is replaced by the following:

                                    ‘Organic Agriculture Certification Thailand (ACT)’

                                 (b)

                                 point 1 is replaced by the following:

                                             ‘1.

                                             Address: 102 Moo 2, Soi Ngamwongwan 23, Ngamwongwan Road, Muang District, Nonthaburi 11000, Thailand’

                     (17)

                     In the entry relating to ‘Organic Control System’, in point 3, the following row is inserted in the order of the code numbers:

                                 ‘BA-BIO-162

                                 Bosnia and Herzegovina

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —’

                     (18)

                     The entry relating to ‘Organic Standard’ is amended as follows:

                                 (a)

                                 in point 3, in the rows concerning Kyrgyzstan, Kazakhstan, Moldova and Russia, a cross is added in column B;

                                 (b)

                                 point 4 is replaced by the following:

                                             ‘4.

                                             Exceptions: in-conversion products.’

                     (19)

                     In the entry relating to ‘Organska Kontrola’, in point 3, the following row is inserted in the order of the code numbers:

                                 ‘XK-BIO-101

                                 Kosovo (*1)

                                 x

                                 x

                                 —

                                 x

                                 —

                                 —

                     (20)

                     In the entry relating to ‘ORSER’, in point 3, the following rows are inserted in the order of the code numbers:

                                 ‘AZ-BIO-166

                                 Azerbaijan

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 BA-BIO-166

                                 Bosnia and Herzegovina

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 GE-BIO-166

                                 Georgia

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 IR-BIO-166

                                 Iran

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 KG-BIO-166

                                 Kyrgyzstan

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 KZ-BIO-166

                                 Kazakhstan

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —

                                 NP-BIO-166

                                 Nepal

                                 x

                                 —

                                 —

                                 x

                                 —

                                 —’

                     (21)

                     After the entry relating to ‘Quality Partner’, the following new entry is inserted:

                        ‘“Servicio de Certificación CAAE S.L.U.”

                                 1.

                                 Address: Avenida Emilio Lemos, 2 mod. 603, 41020 Seville, Spain

                                 2.

                                 Internet address: http://www.caae.es

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             BO-BIO-178

                                             Bolivia

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             EC-BIO-178

                                             Ecuador

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MA-BIO-178

                                             Morocco

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             MX-BIO-178

                                             Mexico

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             PE-BIO-178

                                             Peru

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                             TR-BIO-178

                                             Turkey

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products.

                                 5.

                                 Duration of inclusion: until 30 June 2021.’

                     (22)

                     After the entry relating to ‘Suolo e Salute srl’, the following new entry is inserted:

                        ‘“Tse-Xin Organic Certification Corporation”

                                 1.

                                 Address: 7F., No 75, Sec.4, Nanjing E. R., Songshan Dist., Taipei City 105, Taiwan (R.O.C.)

                                 2.

                                 Internet address: http://www.tw-toc.com/en

                                 3.

                                 Code numbers, third countries and product categories concerned:

                                             Code number

                                             Third country

                                             Category of products

                                             A

                                             B

                                             C

                                             D

                                             E

                                             F

                                             TW-BIO-174

                                             Taiwan

                                             x

                                             —

                                             —

                                             x

                                             —

                                             —

                                 4.

                                 Exceptions: in-conversion products and wine.

                                 5.

                                 Duration of inclusion: until 30 June 2021.’

            (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’

         ANNEX III
         In Annex V to Regulation (EC) No 1235/2008, in the note relating to box 12, the reference to ‘box 24’ is replaced by ‘box 21’.


title: Commission Implementing Regulation (EU) 2017/2332 of 14 December 2017 on the minimum selling price for skimmed milk powder for the 15th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
               15.12.2017

               EN

               Official Journal of the European Union

               L 333/46

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2332
   of 14 December 2017
   on the minimum selling price for skimmed milk powder for the 15th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
   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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

               (2)

               In the light of the tenders received for the 15th partial invitation to tender, a minimum selling price should not be fixed.

               (3)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For the 15th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 12 December 2017, a minimum selling price has not been fixed.
   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, 14 December 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 206, 30.7.2016, p. 71.

      (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2017/2368 of 18 December 2017 amending Implementing Regulation (EU) 2017/325 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

text:
               19.12.2017

               EN

               Official Journal of the European Union

               L 337/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2368
   of 18 December 2017
   amending Implementing Regulation (EU) 2017/325 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) and in particular Article 9(4) thereof,
   Whereas:

               (1)

               By Implementing Regulation (EU) 2017/325 (2), the Commission imposed a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036.

               (2)

               However, Implementing Regulation (EU) 2017/325 did not provide for the possibility of companies who did not export the high tenacity yarns of polyesters during the original investigation period to request a review to determine whether they could also be made subject to the duty rate imposed on the cooperating companies not part of the sample.

               (3)

               Such a review could be carried out if sufficient evidence is brought to the Commission by a new exporter or producer in the exporting country in question that it (1) has not exported the product during the period of investigation on which the measures were based; (2) is not related to an exporter or producer subject to the measures imposed; and (3) has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

               (4)

               It is therefore appropriate to amend Implementing Regulation (EU) 2017/325 accordingly to allow new exporters the possibility to request such review.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.

               (6)

               In view of the above, Article 1 of Implementing Regulation (EU) 2017/325 should be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Article 1 of Implementing Regulation (EU) 2017/325 the following paragraph 5 is added:

      ‘5.   Where any party from the People's Republic of China provides sufficient evidence to the Commission that:

                  (a)

                  it did not export the goods described in paragraph 1 originating in the People's Republic of China during the period of the original investigation (1 July 2008 – 30 June 2009);

                  (b)

                  it is not related to an exporter or producer subject to the measures imposed by this Regulation; and

                  (c)

                  it has either actually exported the goods described in paragraph 1 or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of the original investigation;

            the Commission may amend Annex I in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. 5,3 %.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Regulation (EU) 2017/325 of 24 February 2017 imposing definitive anti-dumping duties on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 49, 25.2.2017, p. 6).


title: Commission Implementing Regulation (EU) 2017/2388 of 19 December 2017 determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel

text:
               20.12.2017

               EN

               Official Journal of the European Union

               L 340/47

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2388
   of 19 December 2017
   determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1384/2007 (2) opened annual tariff quotas for imports of poultrymeat products originating in Israel.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 December 2017 for the subperiod from 1 January to 31 March 2018 are less than those available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod.

               (3)

               In order to ensure the efficiency of the measure, 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 quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 1384/2007, to be added to the subperiod from 1 April to 30 June 2018, are 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, 19 December 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel (OJ L 309, 27.11.2007, p. 40).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2018
                  (in kg)

                  09.4091

                  140 000

                  09.4092

                  1 000 000


title: Commission Implementing Regulation (EU) 2017/2418 of 19 December 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ (PGI))

text:
               22.12.2017

               EN

               Official Journal of the European Union

               L 343/54

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2418
   of 19 December 2017
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ (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)

               By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Germany's application for the approval of amendments to the specification for the protected geographical indication ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’, registered under Commission Regulation (EC) No 1257/2003 (2), as amended by Commission Regulation (EU) No 973/2013 (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 ‘Nürnberger Bratwürste’/‘Nürnberger Rostbratwürste’ (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, 19 December 2017.

            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 1257/2003 of 15 July 2003 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 (Molise, Alto Crotonese, Welsh Lamb, Nürnberger Bratwürste or Nürnberger Rostbratwürste) (OJ L 177, 16.7.2003, p. 3).

      (3)  Commission Implementing Regulation (EU) No 973/2013 of 10 October 2013 approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Nürnberger Bratwürste/Nürnberger Rostbratwürste (PGI)) (OJ L 272, 12.10.2013, p. 5).

      (4)  OJ C 292, 2.9.2017, p. 12.


title: Commission Implementing Regulation (EU) 2018/163 of 1 February 2018 making imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China subject to registration

text:
               2.2.2018

               EN

               Official Journal of the European Union

               L 30/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/163
   of 1 February 2018
   making imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 14(5) thereof,
   Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 24(5) thereof,
   After informing the Member States,
   Whereas:

               (1)

               On 11 August 2017, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union
                   (3) (‘the AD notice of initiation’), the initiation of an anti-dumping proceeding (‘the anti-dumping proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the People's Republic of China (‘PRC’) following a complaint lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries.

               (2)

               On 14 October 2017, the Commission announced, by a notice published in the Official Journal of the European Union
                   (4) (‘the AS notice of initiation’), the initiation of an anti-subsidy proceeding (‘the anti-subsidy proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the PRC following a complaint lodged on 31 August 2017 by the complainant on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries.

         1.   PRODUCT CONCERNED AND LIKE PRODUCT

               (3)

               The product subject to registration (‘the product concerned’) for both proceedings are new and retreaded tyres for buses or lorries with a load index exceeding 121 originating in the PRC, currently falling within CN codes 4011 20 90 and ex 4012 12 00. These CN codes are given for information only.

         2.   REQUEST

               (4)

               The complainant submitted registration requests pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation on 19 August 2017 and on 5 October 2017 respectively. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration.

         3.   GROUNDS FOR REGISTRATION

               (5)

               According to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action.

               (6)

               According to the complainant registration is justified as the product concerned is being dumped and subsidised. Significant injury to the Union industry, which is difficult to repair, is being caused by low-priced imports.

               (7)

               The Commission examined the request in the light of Article 10(4) of the basic anti-dumping Regulation and Article 16(4) of the basic anti-subsidy Regulation.

               (8)

               With respect to the dumping part of the request, the Commission verified whether the importers were aware, or should have been aware, of the dumping as regards the extent of the dumping and the injury alleged or found. It also analysed whether there was a further substantial rise in imports which, in the light of its timing and volume and other circumstances, is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied.

               (9)

               With respect to the subsidy part of the request, the Commission verified whether there are critical circumstances where, for the subsidised product in question, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies and whether it is deemed necessary to assess countervailing duties retroactively on those imports in order to preclude the recurrence of such injury.

         3.1.   Awareness of the importers of the dumping, the extent thereof and the alleged injury

               (10)

               As regards dumping, the Commission has at its disposal sufficient evidence that imports of the product concerned from PRC are being dumped. In particular, the complainant provided evidence on the normal value based on total cost of production plus a reasonable amount for selling, general and administrative expenses and for profits, based on the choice of the United States of America as analogue country.

               (11)

               The evidence of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product concerned when sold for export to the Union. As a whole, and given the extent of the dumping margins alleged of at least 74 %, this evidence provides sufficient support at this stage that the exporters practice dumping. The complaint also provided sufficient evidence of alleged injury.

               (12)

               That information was contained in the notice of initiation for this proceeding on 11 August 2017. By its publication in the Official Journal of the European Union, the notice is a public document accessible to all importers. Therefore, the Commission considered that the importers were aware, or should have been aware, of the alleged dumping practices, the extent thereof and the alleged injury at the latest at that moment. It thus concluded that the first criterion for registration was met with respect to the dumping part of the request.

         3.2.   Further substantial rise in imports

               (13)

               The volume of imports of the product concerned increased by 14,3 % in the period from April to September 2017 when compared to the volume of imports during the same period in 2016. Consistent with recent findings in other investigations (5), the Commission considered such an increase in imports to be substantial.

               (14)

               Therefore, the Commission concluded that the second criterion for registration for the dumping part of the request was also met.

         3.3.   Other circumstances

               (15)

               The complainant also included sufficient evidence in the complaint and in the request for registration on the decreasing trend of the import sales prices. According to the publicly-available Eurostat statistics the unit value of imports from the PRC was 38 % lower in the period April to September 2017 than imports from other origins. This is critically low for a price-sensitive industry such as the tyres industry.

               (16)

               In light of the timing, the volume of the dumped imports and other circumstances (such as the decline in the Union industry's sales, turnover, employment and profit notably on the lower market segment) are likely to seriously undermine the remedial effect of any definitive duties, unless such duties are applied retroactively. In addition, given the initiation of the current proceedings, it is reasonable to assume that the imports of the product concerned may further increase prior to the adoption of provisional measures, if any, and importers could rapidly build up stocks.

               (17)

               Under those circumstances, the Commission concluded that the third criterion for registration for the dumping part of the request was also met.

         3.4.   Injury, which is difficult to repair, is caused by massive imports of a subsidised product in a relatively short period

               (18)

               As regards subsidisation, the Commission has at its disposal sufficient evidence that imports of the product concerned from the PRC are being subsidised. The alleged subsidy practices consist, namely, of direct transfer of funds and potential direct transfers of funds or liabilities, government revenue forgone or not collected, and government provision of goods or services for less than adequate remuneration. This includes, for example, evidence of the existence of various grants, preferential loans and directed credits by State-owned banks as well as private banks, export credits and export guarantees and insurances; government provision of land, energy, water and raw materials for producing the product concerned; and income tax reductions and exemptions, import tariff rebates and VAT exemptions and rebates.

               (19)

               It is alleged that those measures are subsidies since they involve a financial contribution from the Government of the PRC or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product concerned. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable.

               (20)

               Therefore, the available evidence at this stage tends to indicate that the exports of the product concerned are benefiting from countervailable subsidies.

               (21)

               Furthermore, the Commission has at its disposal sufficient evidence that the exporters' dumping and subsidy practices are causing material injury to the Union industry. In the complaint and the subsequent submissions related to the requests for registration, the evidence regarding the price and volume of imports shows a massive increase of imports in absolute terms and in terms of market share in the period between 2013 and 2016. Specifically, the evidence available shows that Chinese exporters have almost doubled the volume of the product concerned imported into the Union, from 2,3 to 4,4 million units (+ 2,1 million units), which resulted in a sharp increase of market share from 13,2 % to 20,9 %. The volume and prices of the product concerned have had a negative impact on the quantities sold and level of the prices charged in the Union market and the market share held by the Union industry. This is resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. The evidence concerning the injury factors set out in Article 3(5) of the basic anti-dumping Regulation and Article 8(4) of the basic anti-subsidy Regulation consists of data contained in the complaints and the subsequent submissions regarding registration, supported by publicly available data from Eurostat.

               (22)

               In addition, the Commission assessed at this stage whether the injury suffered was difficult repair. Once the customers of the Union industry get accustomed to significantly lower prices from Chinese competitors they are unlikely to accept higher prices from the Union industry even if, hypothetically, the Commission were to impose countervailing measures without retroactive effect in the future. Such threat of permanent loss of market share or reduced income constitutes an injury which is difficult to repair. Moreover, the retreading business of the Union industry may become unsustainable and hard to re-establish if its base is eroded by continuing low-priced imports of new tyres from China.

         3.5.   Preclusion of recurrence of injury

               (23)

               Finally, given the data set out in recital 21 and the considerations laid down in recital 22 the Commission deemed it necessary to prepare the potential retroactive imposition of measures by imposing registration in order to preclude the recurrence of such injury.

         4.   PROCEDURE

               (24)

               Therefore, the Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation and with Article 24(5) of the basic anti-subsidy Regulation.

               (25)

               All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

         5.   REGISTRATION

               (26)

               Pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

               (27)

               Any future liability would emanate from the findings of the anti-dumping and the anti-subsidy investigations respectively.

               (28)

               The allegations in the complaint requesting the initiation of an anti-dumping investigation estimate an average dumping margin of 74-152 % and an average underselling margin of 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned.

               (29)

               At this stage of the investigation is not yet possible to estimate the amount of subsidisation.. The allegations in the complaint requesting the initiation of an anti-subsidy investigation estimate an underselling to represent 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the anti-subsidy complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned.

         6.   PROCESSING OF PERSONAL DATA

               (30)

               Any personal data collected in the context of this registration will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6),

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EU) 2016/1036 and Article 24(5) of Regulation (EU) 2016/1037, to take the appropriate steps to register imports into the Union of new and retreaded tyres for buses or lorries with a load index exceeding 121, currently falling within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012120010) and originating in the People's Republic of China.
   2.   Registration shall expire nine months following the date of entry into force of this Regulation.
   3.   All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 21 days from the date of publication of this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  OJ C 264, 11.8.2017, p. 14.

      (4)  OJ C 346, 14.10.2017, p. 9.

      (5)  Commission Implementing Regulation (EU) 2015/2325 of 11 December 2015 making imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation subject to registration, OJ L 328, 12.12.2015, p. 104, at recital 9 (namely, an increase of 24 %); Commission Implementing Regulation (EU) 2016/1357 of 9 August 2016 making imports of certain heavy plate of non-alloy or other alloy steel originating in the People's Republic of China subject to registration, OJ L 215, 10.8.2016, p. 23, at recital 7 (namely, an increase of 15 %).

      (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).