title: Commission Implementing Regulation (EU) No 886/2014 of 13 August 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               14.8.2014

               EN

               Official Journal of the European Union

               L 242/27

         COMMISSION IMPLEMENTING REGULATION (EU) No 886/2014
   of 13 August 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 August 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0707 00 05

                  TR

                  81,4

                  ZZ

                  81,4

                  0709 93 10

                  TR

                  99,6

                  ZZ

                  99,6

                  0805 50 10

                  AR

                  158,9

                  CL

                  209,1

                  TR

                  74,0

                  UY

                  129,8

                  ZA

                  144,7

                  ZZ

                  143,3

                  0806 10 10

                  BR

                  184,0

                  EG

                  209,1

                  MA

                  171,3

                  MX

                  246,5

                  TR

                  156,9

                  ZZ

                  193,9

                  0808 10 80

                  AR

                  89,3

                  BR

                  96,2

                  CL

                  107,3

                  CN

                  120,6

                  NZ

                  117,6

                  US

                  142,8

                  ZA

                  113,5

                  ZZ

                  112,5

                  0808 30 90

                  AR

                  217,5

                  CL

                  84,2

                  TR

                  142,5

                  ZA

                  84,6

                  ZZ

                  132,2

                  0809 30

                  MK

                  67,3

                  TR

                  134,9

                  ZZ

                  101,1

                  0809 40 05

                  BA

                  43,4

                  MK

                  49,3

                  TR

                  127,6

                  ZA

                  204,6

                  ZZ

                  106,7

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


title: Commission Implementing Regulation (EU) 2015/409 of 11 March 2015 amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China

text:
               12.3.2015

               EN

               Official Journal of the European Union

               L 67/23

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/409
   of 11 March 2015
   amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 11(3) thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Measures in force

               (1)

               On 15 September 2011 the Council imposed anti-dumping duties on imports of ceramic tiles originating in the People's Republic of China by Implementing Regulation (EU) No 917/2011 (2) (‘the original Regulation’).

               (2)

               A single duty rate of 26,3 % was imposed on imports of the product concerned manufactured by the following group of exporting producers:

                           —

                           Dongguan City Wonderful Ceramics Industrial Park Co., Ltd and Guangdong Jiamei Ceramics Co. Ltd (together referred to as the Wonderful group), and

                           —

                           Qingyuan Gani Ceramics Co. Ltd and Foshan Gani Ceramics Co. Ltd (together referred to as the Gani group).

               (3)

               As set out in recitals 96 to 98 of the original Regulation, the European Commission (‘the Commission’) was notified after disclosure of provisional findings that the relationship between the companies had been severed and on that basis individual duties for the Gani group and for the Wonderful group should have been applied. The request could not be accepted at that stage as its merits needed to be properly examined.

         1.2.   Request for a partial interim review

               (4)

               On 2 October 2012 the Commission received a request for a partial interim review from the Gani group.

               (5)

               The Gani group claimed that they were no longer related to the other two companies (the Wonderful group) as the shareholding relationship between them had ceased as of March 2011. The Gani group therefore requested an interim review of the measures in force, as the single duty rate in force was no longer appropriate.

         1.3.   Initiation of a partial interim review

               (6)

               The Commission determined, after having consulted the Advisory Committee, that such a review should therefore be opened.

               (7)

               On 31 January 2014, the Commission initiated a partial interim review of the measures in force on imports into the Union of ceramic tiles originating in the People's Republic of China under Article 11(3) of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union
                   (3).

               (8)

               The review was limited in scope to the examination of the ownership structure of the Gani group and, if warranted, ex officio of the dumping margin as far as the Gani group was concerned.

               (9)

               The review also covered ex officio the same matters as far as the Wonderful group was concerned.

         1.4.   Review investigation period

               (10)

               The investigation of dumping covered the period from 1 January 2013 to 31 December 2013 (‘the review investigation period’).

         1.5.   Parties concerned by the investigation

               (11)

               The Commission invited both the Gani group and the Wonderful group to cooperate with the investigation and to reply to the Commission's questionnaires. In addition, the Commission provided an opportunity for the companies to request market economy treatment under Article 2(7) of the basic Regulation.

               (12)

               In the Notice of Initiation the Commission had provisionally chosen the United States of America as a third market economy country (‘analogue country’) within the meaning of Article 2(7)(a) of the basic Regulation and invited parties to comment on this choice.

               (13)

               Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer for trade proceedings.

         1.6.   Questionnaire replies and verification visits

               (14)

               The Commission received questionnaire replies from both groups and also from two analogue country producers.

               (15)

               The Commission sought and verified all the information deemed necessary for the review. Verification visits under Article 16 of the basic Regulation were carried out at the premises of the following companies:

                           —

                           Exporting producers in the country concerned:

                                       —

                                       Dongguan City Wonderful Ceramics Industrial Park Co., Ltd;

                                       —

                                       Guangdong Jiamei Ceramics Co. Ltd;

                                       —

                                       Qingyuan Gani Ceramics Co. Ltd and

                                       —

                                       Foshan Gani Ceramics Co. Ltd

                           —

                           Producers in the analogue country that requested confidential treatment on the basis of risk of retaliation.

         2.   PRODUCT CONCERNED

               (16)

               The product subject to this review is the same as defined in the original Regulation, namely glazed and unglazed ceramic flags and paving, hearth or wall tiles; glazed and unglazed ceramic mosaic cubes and the like, whether or not on a backing (‘the product concerned’), currently falling within CN codes 6907 10 00, 6907 90 20, 6907 90 80, 6908 10 00, 6908 90 11, 6908 90 20, 6908 90 31, 6908 90 51, 6908 90 91, 6908 90 93 and 6908 90 99.

         3.   DUMPING

   3.1.   Market Economy Treatment

               (17)

               Neither group requested market economy treatment under Article 2(7)(c) of the basic Regulation.

         3.2.   Analogue Country

               (18)

               As set out above, the Commission proposed the United States of America as analogue country, as it had been in the previous investigation. The Commission also contacted companies in a number of other possible analogue countries, but received no replies or cooperation from any other company. The choice of the United States of America was therefore confirmed as appropriate.

         3.3.   Investigation

               (19)

               The investigation leading to the imposition of the measures in force established that the Gani group and the Wonderful group were related, in so far as one of the shareholders of the Wonderful group owned more than 5 % of the shares in a company in the Gani group. Dumping margins were calculated separately for each of the groups. The injury margins for the two groups were higher than the dumping margins.

               (20)

               To take into account the risk that, due to their corporate links, the companies with the higher individual dumping margin could channel their exports through the companies with the lower dumping margin, a single weighted average dumping margin was then calculated for both groups and a single duty rate imposed.

               (21)

               The Commission examined whether the alleged change in the relationship would render the single duty rate to be no longer justified. Subsequently, the Commission examined the need for the review of the individual dumping margins.

               (22)

               The review investigation revealed that the shares referred to in recital 19 were sold to the owner of the Gani group and the Wonderful group has no longer a stake in the Gani group. There were no indications that the two groups would have any other structural or corporate links. Accordingly, the change of the relationship between the two groups was accepted as claimed and the Gani group and the Wonderful group were considered no longer related for the purposes of specifying the duty.

               (23)

               It follows that there are no longer reasons for the imposition of a single duty rate. Instead, separate individual duty rates should be assigned to the Gani group and the Wonderful group.

               (24)

               As to the need for reviewing the individual dumping margins as calculated for each of the groups in the investigation leading to the imposition of the measures in force, the Commission assessed whether the circumstances with regard to the two groups concerned had changed significantly so that it would warrant the review of these individual dumping margins.

               (25)

               The investigation leading to the imposition of the measures in force established the following:

                           (1)

                           they did not share production facilities;

                           (2)

                           they did not share sales companies; and

                           (3)

                           they did not subcontract for each other.

               (26)

               The review investigation confirmed that this situation remained unchanged despite the change in relationship.

               (27)

               In these specific circumstances, the Commission considered that the cessation of the relationship did not change the functioning of each of the the two groups in any way that has a bearing on the calculation of their dumping margins. Therefore, amending these dumping margins on the basis of new calculations is not warranted under Article 11(3) of the basic Regulation.

               (28)

               In view of the above, the separate dumping margins calculated in the original investigation should be imposed as individual duties. These dumping margins are 13,9 % for the Gani group and 32,0 % for the Wonderful group.

               (29)

               These findings were disclosed to interested parties and they were given time to comment.

               (30)

               The Wonderful group first claimed that they had informed the Commission during the verification visit in the People's Republic of China that some of the evidence submitted by the Gani group in the request for review was false or misleading. They pointed out that the Commission has at its disposal Article 18 of the basic Regulation for this type of situation. They also questioned whether the provisions of Article 11(3) of the basic Regulation had been complied with in this respect.

               (31)

               The Commission has verified all the relevant and duly documented evidence collected during the investigation, which showed that the two groups were no longer related to each other, as well as the evidence with regard to the functioning of each of the two groups, both before and after the cessation of the relationship. This evidence confirms that the group has irrevocably split in two, a fact that is not contested by the Wonderful Group.

               (32)

               On the basis of these facts, the Commission has no ground for applying Article 18 of the basic Regulation. In addition, these facts confirm that Article 11(3) of the basic Regulation was complied with.

               (33)

               Secondly the Wonderful group questioned whether the provision that ‘the amount of the anti-dumping duty shall not exceed the margin of dumping established’ in Article 9(4) of the basic Regulation has been complied with, on the grounds that new export prices and analogue country normal values were verified during this investigation.

               (34)

               As set out in recitals 24 to 27 above, the investigation revealed that the functioning of each of the two groups did not change as a result of the cessation of the relationship. As also explained in the Notice of Initiation, in this case no new dumping margins were required. Article 9(4) of the basic Regulation has been complied with, as the amount of the anti-dumping duty does not exceed the margin of dumping, as established in the original investigation. The fact that new export prices and analogue country normal values were also verified during this investigation does not change this conclusion.

               (35)

               Finally the Wonderful group suggested that ‘giving individual margins to companies which were once related but where that relationship has been ended’ is a dangerous precedent to set and allows for a group of companies to manipulate trade defence measures.

               (36)

               The Commission disagreed with this suggestion. Every review is carried out on its own merits as established by the investigation and not on speculation, and where companies are not related to each other they are entitled to their own individual duty as set out in Article 9(5) of the basic Regulation.

               (37)

               The Union industry association Cerame-Unie (CET) argued that the end of the shareholding relationship does not mean that the possibility of circumvention via the group with the lowest duty can be eliminated. To illustrate this, CET noted that the timing of the two groups being split coincided with the imposition of provisional measures in the original case, and that the two groups did not discuss a split prior to the initiation of the original case. During the original investigation the groups were related and therefore CET submitted that the Gani group and the Wonderful group had access to each other's data.

               (38)

               However CET did not provide any evidence to back up these assumptions. In addition, the Commission is under an obligation to impose individual duties on each of the two groups now as it has been established that they are no longer related to each other. The Commission is not entitled to consider two legally separate company groups as related for the purpose of imposing a single duty rate simply because of the mere possibility that the two groups might collaborate together.

               (39)

               CET argued that if the business operations of the two groups have remained unchanged, as has been disclosed, then the risk of circumvention between the two groups must also have remained unchanged.

               (40)

               The Commission dismissed this argument. The only reason why the two groups were treated as one in the original investigation was due to the ownership link, and this fact has now disappeared.

               (41)

               CET also noted that the locations of the production facilities of the two companies are relatively close to each other, which would make physical circumvention of the measures relatively simple.

               (42)

               The Commission dismissed this argument as well. Indeed, there is no legal basis to give unrelated companies the same duty, merely because of the fact that companies are relatively close to each other and therefore circumvention is simpler. It is common in the People's Republic of China to have many producers of a particular product in one city or area.

               (43)

               In view of the above, the comments received after disclosure did not change the conclusion as set out in recital 28 above. Therefore, the separate dumping margins calculated in the original investigation should be imposed as individual duties. These dumping margins are 13,9 % for the Gani group and 32,0 % for the Wonderful group.

               (44)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The table in Article 1(2) of Implementing Regulation (EU) No 917/2011 shall be amended as follows:

               —

               the line below shall be removed from the table:

                              Company

                              Duty

                              TARIC additional code

                              ‘Dongguan City Wonderful Ceramics Industrial Park Co., Ltd; Guangdong Jiamei Ceramics Co. Ltd; Qingyuan Gani Ceramics Co. Ltd; Foshan Gani Ceramics Co. Ltd

                              26,3 %

                              B011’

               —

               the following lines shall be inserted into the table:

                              Company

                              Duty

                              TARIC additional code

                              ‘Dongguan City Wonderful Ceramics Industrial Park Co., Ltd; Guangdong Jiamei Ceramics Co. Ltd

                              32,0 %

                              B938

                              Qingyuan Gani Ceramics Co. Ltd; Foshan Gani Ceramics Co. Ltd

                              13,9 %

                              B939’

         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, 11 March 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China (OJ L 238, 15.9.2011, p. 1).

      (3)  OJ C 28, 31.1.2014, p. 11.


title: Commission Implementing Regulation (EU) 2015/1078 of 3 July 2015 amending Regulation (EU) No 37/2010 as regards the substance ‘clodronic acid (in the form of disodium salt)’ (Text with EEA relevance)

text:
               4.7.2015

               EN

               Official Journal of the European Union

               L 175/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1078
   of 3 July 2015
   amending Regulation (EU) No 37/2010 as regards the substance ‘clodronic acid (in the form of disodium salt)’
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               Article 17 of Regulation (EC) No 470/2009 requires that the maximum residue limit (hereinafter ‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in a regulation.

               (2)

               Table 1 of the Annex to Commission Regulation (EU) No 37/2010 (2) sets out the pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin.

               (3)

               Clodronic acid (in the form of disodium salt) is not yet included in this table.

               (4)

               An application for the establishment of MRLs for clodronic acid (in the form of disodium salt) in equidae has been submitted to the European Medicines Agency (hereinafter ‘EMA’).

               (5)

               The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended that the establishment of maximum residue limits for clodronate disodium in equine species is not necessary for the protection of human health, provided that the substance is not used for animals producing milk for human consumption.

               (6)

               According to Article 5 of Regulation (EC) No 470/2009, the EMA is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

               (7)

               The EMA has considered that the extrapolation of the MRL for clodronic acid (in the form of disodium salt) for equidae to other food producing species is not appropriate, because based on the proposed indication and mode of action, it is not likely that this active substance would be used in any food species other than horses.

               (8)

               Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex 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.
   It shall apply from 2 September 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 July 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, the following substance is inserted in alphabetical order:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

                     Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic classification

                     ‘Clodronic acid (in the form of disodium salt)

                     NOT APPLICABLE

                     Equidae

                     No MRL required

                     NOT APPLICABLE

                     Not for use in animals from which milk is produced for human consumption

                     Musculoskeletal system/drugs for treatment of bone diseases’


title: Implementing Regulation of the Council (EU) No 364/2010 of 26 April 2010 amending Regulation (EC) No 1487/2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain finished polyester filament fabrics originating in the People’s Republic of China

text:
               29.4.2010

               EN

               Official Journal of the European Union

               L 107/6

         IMPLEMENTING REGULATION OF THE COUNCIL (EU) No 364/2010
   of 26 April 2010
   amending Regulation (EC) No 1487/2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain finished polyester filament fabrics originating in the People’s Republic of China
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 9 thereof,
   Having regard to Article 2 of Council Regulation (EC) No 1487/2005 (2),
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   1.   MEASURES IN FORCE

               (1)

               By Regulation (EC) No 1487/2005, the Council imposed a definitive anti-dumping duty on imports into the European Union of woven fabrics of synthetic filament yarn containing 85 % or more by weight of textured and/or non-textured polyester filament, dyed (including dyed white) or printed, originating in the People’s Republic of China, currently falling within CN codes ex 5407 51 00, 5407 52 00, 5407 54 00, ex 5407 61 10, 5407 61 30, 5407 61 90, ex 5407 69 10 and ex 5407 69 90 (‘the product concerned’).

               (2)

               Given the large number of cooperating parties, a sample of Chinese exporting producers was selected during the investigation which led to the imposition of the measures.

               (3)

               The sampled companies were attributed the individual duty rates established during the investigation. The cooperating non-sampled companies which were granted market economy treatment (MET), in accordance with the provisions of Article 2(7)(c) of Council Regulation (EC) No 384/96 (3), were attributed the weighted average duty of 14,1 % which was established for the sampled companies which were granted MET. The cooperating non-sampled companies which were granted individual treatment (IT), in accordance with the provisions of Article 9(5) of the same Regulation, received the weighted average duty of 37,1 % established for the sampled companies that were granted IT. A countrywide duty of 56,2 % was imposed on all other companies.

               (4)

               Following an anti-absorption reinvestigation pursuant to Article 12 of Regulation (EC) No 384/96, the Council, by Regulation (EC) No 1087/2007 (4) increased the countrywide duty to 74,8 %. In addition, Chinese exporting producers with individual duty rates that did not cooperate in the reinvestigation were attributed higher anti-dumping duties in accordance with the provisions of Article 12(3) of Regulation (EC) No 384/96.

               (5)

               Article 2 of Regulation (EC) No 1487/2005 gives the possibility to Chinese exporting producers which meet the four criteria set out in that Article to be granted the same treatment as the one set out in recital 3 for the cooperating companies not included in the sample (‘New Exporting Producer Treatment’ or ‘NEPT’).

         2.   NEW EXPORTING PRODUCERS’ REQUEST

               (6)

               One group of companies consisting of two related companies, namely AlbaChiara Printing and Dyeing (Jiaxing) Co. Ltd, and Jiaxing E. Boselli Textile Trading Co. Ltd (‘the applicant’), requested to be granted NEPT.

               (7)

               An examination has been carried out to determine whether the applicant fulfils the criteria for being granted NEPT as set out in Article 2 of Regulation (EC) No 1487/2005, by verifying that:

                           (a)

                           it did not export the product concerned to the European Union during the investigation period on which the measures are based (1 April 2003 to 31 March 2004) (‘the first criterion’),

                           (b)

                           it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the anti-dumping measures imposed by that Regulation (‘the second criterion’),

                           (c)

                           it has actually exported to the European Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity of the product concerned to the European Union (‘the third criterion’),

                           (d)

                           it operates under market economy conditions defined in Article 2(7)(c) of the basic Regulation or, alternatively, that it fulfils the requirements to have an individual duty in accordance with Article 9(5) of the basic Regulation (‘the fourth criterion’).

               (8)

               Questionnaires were sent to the applicant asking it to supply evidence to demonstrate that it met the first, second and third criteria.

               (9)

               Since the fourth criterion implies that the applicants submit a claim for MET and/or IT, the Commission sent MET and IT claim forms to the applicant. The applicant requested MET pursuant to Article 2(7) of the basic Regulation.

               (10)

               Briefly, and for ease of reference only, the MET criteria are set out in summarised form below:

                           (a)

                           business decisions and costs are made in response to market signals and without significant State interference; and costs of major inputs substantially reflect market values;

                           (b)

                           firms have one clear set of basic accounting records which are independently audited in line with international accounting standards (5) and are applied for all purposes;

                           (c)

                           there are no significant distortions carried over from the former non-market economy system;

                           (d)

                           bankruptcy and property laws guarantee legal certainty and stability;

                           (e)

                           exchange rate conversions are carried out at market rates.

               (11)

               Exporting producers fulfilling the criteria mentioned in recital 7 may, pursuant to Article 2 of Regulation (EC) No 1487/2005, be granted either the 14,1 % duty rate applicable to companies to which MET was granted in accordance with Article 2(7)(c) of Regulation (EC) No 384/96, or the weighted average duty rate of 37,1 % applicable to companies to which IT was granted in accordance with Article 9(5) of the same Regulation.

               (12)

               The European Commission sought and verified all information it deemed necessary for the purpose of determining whether the four criteria set out in Article 2 of Regulation (EC) No 1487/2005 had been fulfilled. Verification visits were carried out at the premises of the following companies:

                           —

                           AlbaChiara Printing and Dyeing (Jiaxing) Co. Ltd, Jiaxing,

                           —

                           Jiaxing E. Boselli Textile Trading Co. Ltd, Jiaxing.

         3.   FINDINGS

               (13)

               The applicant has provided sufficient evidence to prove that it meets the four criteria mentioned in recital 7. The applicant in fact could prove that (i) it did not export the product concerned to the European Union during the period 1 April 2003 to 31 March 2004, (ii) it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the anti-dumping measures imposed by Regulation (EC) No 1487/2005, (iii) it actually exported a significant quantity of the product concerned to the European Union starting from the year 2008, (iv) it fulfils all the requirements for MET and can therefore be granted an individual duty in accordance with Article 2(7)(c) of the basic Regulation. Therefore, the applicant could be granted the weighted average duty rate applicable to cooperating companies not included in the sample which have been granted MET (i.e. 14,1 %) in accordance with Article 2 of Regulation (EC) No 1487/2005, and should be added to the list of exporting producers in Article 1(2) of that Regulation.

         4.   MODIFICATION OF THE LIST OF COMPANIES BENEFITING FROM INDIVIDUAL DUTY RATES

               (14)

               In consideration of the findings of the investigation as indicated in recital 13, it is concluded that the companies AlbaChiara Printing and Dyeing (Jiaxing) Co. Ltd, and Jiaxing E. Boselli Textile Trading Co. Ltd should be added to the list of individual companies mentioned under Article 1(2) of Regulation (EC) No 1487/2005 with a duty rate of 14,1 %.

               (15)

               The applicant and the Union industry have been informed of the findings of the investigation and have had the opportunity to submit their comments. No additional information was brought forward permitting to lead to any different conclusion for the applicant,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 1(2) of Regulation (EC) No 1487/2005 shall be amended by adding the following companies in the table of companies with individual duty rates:

                  Company

                  Definitive anti-dumping duty

                  TARIC additional code

                  ‘AlbaChiara Printing and Dyeing (Jiaxing) Co. Ltd

                  14,1 %

                  A617

                  Jiaxing E. Boselli Textile Trading Co. Ltd

                  14,1 %

                  A617’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Luxembourg, 26 April 2010.

            For the Council

            The President

         C. ASHTON

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

      (2)  OJ L 240, 16.9.2005, p. 1.

      (3)  OJ L 56, 6.3.1996, p. 1.

      (4)  OJ L 246, 21.9.2007, p. 1.

      (5)  International accounting standards refer to all major recognised international standards of accounting, including US GAAP and the works of the International Accounting Standards Committee Foundation (‘IASCF’) carried out by the International Accounting Standards Board (‘IASB’), covering the International Accounting Standards Board Framework (‘IASBF’), the International Accounting Standards (IAS), the International Financial Reporting Standards (‘IFRS’) and the International Financial Reporting Interpretations Committee publications (‘IFRIC’).


title: Commission Implementing Regulation (EU) No 915/2013 of 23 September 2013 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe

text:
               24.9.2013

               EN

               Official Journal of the European Union

               L 252/23

         COMMISSION IMPLEMENTING REGULATION (EU) No 915/2013
   of 23 September 2013
   amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required.

               (3)

               On 23 September 2013, the Council decided to remove one entry from the list of persons and entities to whom the restrictions should apply. Annex III to Regulation (EC) No 314/2004 should be amended to ensure consistency with that decision of the Council.

               (4)

               Regulation (EC) No 314/2004 should therefore be amended accordingly.

               (5)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force on the day following that of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 314/2004 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 September 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 55, 24.2.2004, p. 1.

      (2)  OJ L 42, 16.2.2011, p. 6–23.

      ANNEX
      Annex III to Regulation (EC) No 314/2004 is amended as follows:
      The following entry is deleted from the heading ‘II. Entities’:

                     “(11)

                     Zimbabwe Mining Development Corporation

                     90 Mutare Road, PO Box 2628, Harare, Zimbabwe.

                     Associated with the ZANU-PF faction of Government. ZMDC falls under the responsibility of ZANU-PF Minister of Mines and Mining Development.”


title: Commission Implementing Regulation (EU) 2017/1269 of 13 July 2017 amending Implementing Regulation (EU) 2015/949 as regards withdrawal of groundnuts (peanuts) from the United States of America from the list of approved pre-export checks as regards aflatoxins (Text with EEA relevance. )

text:
               14.7.2017

               EN

               Official Journal of the European Union

               L 183/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1269
   of 13 July 2017
   amending Implementing Regulation (EU) 2015/949 as regards withdrawal of groundnuts (peanuts) from the United States of America from the list of approved pre-export checks as regards aflatoxins
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 23 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2015/949 (2) approves the pre-export checks carried out on certain food by certain third countries as regards the presence of certain mycotoxins.

               (2)

               Article 23 of Regulation (EC) No 882/2004 provides that specific pre-export checks that a third country carries out on feed and food immediately prior to export to the European Union with a view to verifying that the exported products satisfy Union requirements may be approved. Such an approval may only be granted to a third country if an European Union audit has shown that feed or food exported to the European Union meets Union requirements or equivalent requirements and that the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in EU law. Such an approval of pre-export checks performed by the United States of America (US) authorities on aflatoxins in groundnuts was granted by the EU in 2008.

               (3)

               An increase of non-compliance as regards the presence of aflatoxins in groundnuts from the US has been observed since mid-2016. The US authorities were informed thereof and commitments were made to remediate the situation. However it can be observed that the situation has not been improved.

               (4)

               It can therefore be concluded that the conditions leading to the approval of the pre-export controls are no longer fulfilled and therefore it is appropriate to remove groundnuts (peanuts) from the US from the list of approved pre-export checks. Implementing Regulation (EU) 2015/949 should be amended accordingly.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Implementing Regulation (EU) 2015/949 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 July 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  Commission Implementing Regulation (EU) 2015/949 of 19 June 2015 approving the pre-export checks carried out on certain food by certain third countries as regards the presence of certain mycotoxins (OJ L 156, 20.6.2015, p. 2).

      ANNEX
      In Annex I to Implementing Regulation (EU) 2015/949 the following entry is deleted:

                     Food

                     CN code

                     TARIC sub-division

                     Country of origin

                     Mycotoxin

                     Frequency of physical checks (%) at import

                                 ‘—

                                 Groundnuts (peanuts), in shell

                                 —

                              1202 41 00

                     United States of America

                     Aflatoxins

                     < 1’

                                 —

                                 Groundnuts (peanuts), shelled

                                 —

                              1202 42 00

                                 —

                                 Groundnuts (peanuts), otherwise prepared or preserved

                                 —

                                 2008 11 91 ; 2008 11 96 ; 2008 11 98


title: Commission Implementing Regulation (EU) No 643/2011 of 1 July 2011 amending Regulation (EU) No 642/2010 as regards import duties on sorghum and rye

text:
               2.7.2011

               EN

               Official Journal of the European Union

               L 175/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 643/2011
   of 1 July 2011
   amending Regulation (EU) No 642/2010 as regards import duties on sorghum and rye
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 143 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Article 5(4) of Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (2) stipulates that the representative cif import price determined for barley shall be used for calculating import duties on sorghum and rye.

               (2)

               Trends in the barley market and the minor importance of the United States on the world market for this product mean that barley no longer provides an estimate of the sorghum market. Furthermore, the sources of information on the sorghum market are too few or too unreliable to provide a basis for setting import duties for this product. Lastly, it appears from the sources available that the prices of sorghum and of maize exported from the United States are very close to one another. Consequently, the representative cif import price calculated for maize should be applied to sorghum. Furthermore, the existing equality between the duties that apply to rye and those that apply to sorghum should be maintained.

               (3)

               Regulation (EU) No 642/2010 should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 642/2010 is amended as follows:

               1.

               Article 5 shall be amended as follows:

                           (a)

                           the introductory phrase of paragraph 1 is replaced by the following:
                           ‘For common wheat of high quality, durum wheat and maize referred to in Article 2(1) of this Regulation, the components determining the representative cif import prices referred to in Article 136(2) of Regulation (EC) No 1234/2007 shall be:’;

                           (b)

                           paragraph 4 is replaced by the following:
                           ‘4.   The representative cif import prices for durum wheat, high quality common wheat and maize shall be the sum of the components referred to in points (a), (b) and (c) of paragraph 1. The representative cif import prices for sorghum and rye shall be those calculated for maize.’;

               2.

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX

            ‘ANNEX III

               Quotation exchanges and reference varieties

                        Product

                        Common wheat

                        Durum wheat

                        Maize

                        Standard quality

                        High

                        Reference variety (type/grade) for exchange quotation

                        Hard Red Spring No 2

                        Hard Amber Durum No 2

                        Yellow Corn No 3

                        Quotation exchange

                        Minneapolis
                        Grain Exchange

                        Minneapolis
                        Grain Exchange (1)

                        Chicago Board of Trade

         (1)  Where no quotation is available that can be used to calculate a representative cif import price, fob quotations publicly available in the United States of America shall be used.’


title: Commission Implementing Regulation (EU) 2015/592 of 14 April 2015 approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Presunto de Barrancos/Paleta de Barrancos (PDO))

text:
               16.4.2015

               EN

               Official Journal of the European Union

               L 99/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/592
   of 14 April 2015
   approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Presunto de Barrancos/Paleta de Barrancos (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Portugal's application for the approval of an amendment to the specification for the protected designation of origin ‘Presunto de Barrancos’, registered under Commission Regulation (EC) No 2400/96 (2).

               (2)

               Since the amendment in question is 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 as required by Article 50(2)(a) of that Regulation (3).

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Presunto de Barrancos’/‘Paleta de Barrancos’ (PDO) is 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, 14 April 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 2400/96 of 17 December 1996 on the entry of certain names in the ‘Register of protected designation 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 (OJ L 327, 18.12.1996, p. 11).

      (3)  OJ C 432, 2.12.2014, p. 16.


title: Commission Implementing Regulation (EU) No 166/2014 of 17 February 2014 amending Regulation (EC) No 798/2008 as regards certification requirements for imports into the Union of meat of farmed ratites for human consumption and the entries for Israel and South Africa in the list of third countries or territories  Text with EEA relevance

text:
               22.2.2014

               EN

               Official Journal of the European Union

               L 54/2

      COMMISSION IMPLEMENTING REGULATION (EU) No 166/2014
   of 17 February 2014
   amending Regulation (EC) No 798/2008 as regards certification requirements for imports into the Union of meat of farmed ratites for human consumption and the entries for Israel and South Africa in the list of third countries or territories
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, points 3 and 4 of Article 8 and Article 9(2)(b) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (2) provides that certain commodities are only to be imported into and transited through the Union from third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also lays down the veterinary certification requirements for such commodities. Those requirements take into account whether or not specific conditions apply and if additional guarantees are required due to the disease status of those third countries, territories, zones or compartments. Specific conditions and additional guarantees that those commodities are required to comply with are set out in Part 2 of Annex I to Regulation (EC) No 798/2008.

               (2)

               Chapter III of Regulation (EC) No 798/2008 lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI) and the requirements for the veterinary certification in that respect for commodities destined for importation into the Union.

               (3)

               South Africa has been experiencing HPAI outbreaks of the subtype H5N2 in ratite holdings in an area with a high density of ratite holdings in 2004, 2006 and since April 2011. Consequently imports of certain ratite commodities including meat of farmed ratites are currently restricted by Regulation (EC) No 798/2008 as amended by Commission Implementing Regulation (EU) No 536/2011 (3). At present South Africa is not in a position to declare its HPAI free status.

               (4)

               Outdoor keeping of ratites poses a specific challenge for preventing the possible introduction of avian influenza viruses into ratite flocks, in particular from the wild bird reservoir. The South African competent authority has in collaboration with the ratite industry developed a tailor made system for producing ratite meat obtained from ratites which are kept on registered closed ratite holdings approved by the competent authority.

               (5)

               Those holdings are under official control and stringent biosecurity rules and movement controls and laboratory testing are applied. In addition surveillance is carried out for avian influenza on ratite and poultry holdings located in a defined radius around the registered closed ratite holding and on the whole South African territory. In setting up those requirements recommendations of the Community Veterinary Emergency Team (CVET) that had carried out a mission to South Africa in 2011 were duly taken into account.

               (6)

               Pending the declaration of HPAI freedom of its whole territory and in view of providing better guarantees for the safety of ratite meat destined for future imports into the Union, South Africa on 5 May 2013 submitted a revised proposal of the system of registered closed ratite holdings requesting authorisation of imports of ratite meat into the Union produced from ratites kept on such holdings.

               (7)

               Commission and Member States’ experts evaluated the proposal and concluded that the system established by South Africa should provide for satisfactory guarantees for imports into the Union of ratite meat obtained from ratites kept on such holdings with respect to possible risks posed by HPAI virus.

               (8)

               A new specific condition ‘H’ should be established in Part 2 of Annex I to Regulation (EC) No 798/2008, which provides for specific guarantees for the safety of meat of farmed ratites for human consumption obtained from ratites coming from a registered closed ratite holding including guarantees in relation to possible future HPAI outbreaks and which should apply to South African territory. This specific condition should also be included in the model veterinary certificate for meat of farmed ratites for human consumption.

               (9)

               Part 1 of Annex I to Regulation (EC) No 798/2008 indicates currently in the entry for Israel five different codes, IL-0 to IL-4, which correspond to parts of the territory which was regionalised following previous HPAI outbreaks in that country. Following a request from Israel and taking into account that meat from poultry, ratites or wild game birds (POU, RAT, and WGM) produced during the periods of restrictions is no longer circulating on the market, the different zones should be consolidated and the entry for Israel should be modified accordingly. For the sake of market transparency and in accordance with public international law, it should be clarified that the territorial coverage of the certificates is limited to the territory of the State of Israel excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

               (10)

               Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex 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.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 February 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (3)  Commission Implementing Regulation (EU) No 536/2011 of 1 June 2011 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for South Africa in the lists of third countries or parts thereof (OJ L 147, 2.6.2011, p. 1).

      ANNEX
      Annex I to Regulation (EC) No 798/2008 is amended as follows:

                  (1)

                  Part 1 is amended as follows:

                              (a)

                              the entry for ‘Israel — IL’ is replaced by the following:

                                          ‘IL — Israel (6)

                                          IL-0

                                          Whole country

                                          SPF

                                          BPR, BBP, DOR, DOC, HER, HEP, SRP

                                          N

                                          A

                                          S5, ST1

                                          POU, RAT

                                          WGM

                                          VIII

                                          EP, E

                                          S4’

                              (b)

                              the entry for ‘ZA — South Africa’ is replaced by the following:

                                          ‘ZA — South Africa

                                          ZA-0

                                          Whole country

                                          SPF

                                          EP, E

                                          S4’

                                          BPR

                                          I

                                          P2

                                          9.4.2011

                                          A

                                          DOR

                                          II

                                          HER

                                          III

                                          RAT

                                          VII

                                          P2
                                          H

                                          9.4.2011

                                          A

                              (c)

                              the following footnote is added:

                                          ‘(6)

                                          Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.’

                  (2)

                  Part 2 is amended as follows:

                              (a)

                              in section ‘Specific conditions’, the following shall be added after specific condition ‘L’:
                              ‘ “H”: Guarantees have been provided that meat of farmed ratites for human consumption (RAT) is obtained from ratites coming from a registered closed ratite holding approved by the third country’s competent authority. In case of a HPAI outbreak, imports of such meat may still be authorised, if it is obtained from ratites coming from a registered closed ratite holding free of HPAI and where within a radius of 100 km around that holding, including, where applicable, the territory of a neighbouring country, there has been no outbreak of HPAI for at least the last 30 days and where there has been no epidemiological link to a ratite or poultry holding in which the presence of HPAI has been detected within the last 30 days.’

                              (b)

                              the model veterinary certificate for meat of farmed ratites for human consumption (RAT) shall be replaced by the following:
                              ‘Model veterinary certificate for meat of farmed ratites for human consumption (RAT)


title: Commission Implementing Regulation (EU) 2015/243 of 13 February 2015 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza  Text with EEA relevance

text:
               17.2.2015

               EN

               Official Journal of the European Union

               L 41/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/243
   of 13 February 2015
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities may only be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

               (2)

               Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

               (3)

               The United States is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of the commodities are authorised from the whole of its territory.

               (4)

               An Agreement between the Union and the United States (4) provides for a swift mutual recognition of regionalisation measures in the event of outbreaks of a disease in the Union or in the United States (‘the Agreement’).

               (5)

               On 19 December 2014, the United States confirmed the presence of HPAI of subtype H5N8 in a poultry holding in Douglas County in the State of Oregon and on 3 January 2015 HPAI of subtype H5N2 in a poultry holding in the State of Washington. The whole territory of that third country may therefore no longer be considered as being free from that disease. The veterinary authorities of the United States immediately suspended issuing veterinary certificates from the whole of its territory for consignments of poultry commodities intended for import into and transit through the Union. The United States has also implemented a stamping-out policy in order to control HPAI and limit its spread.

               (6)

               The United States has submitted information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. On the basis of that evaluation, as well as the commitments laid down in the Agreement and the guarantees provided by the United States, it is appropriate to conclude that limiting the restrictions on the introduction into the Union of commodities to the HPAI affected area in the State of Oregon and to the entire State of Washington, which the veterinary authorities of the United States have placed under restrictions due to the current outbreaks, should be sufficient to cover the risks associated with the introduction into the Union of the commodities. The entry for the United States in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the regionalisation of that third country due to the current outbreaks of HPAI.

               (7)

               Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 February 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 343, 22.12.2009, p. 74.

      (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (4)  Agreement between the European Community and the Government of the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, as approved on behalf of the European Community by Council Decision 1998/258/EC (OJ L 118, 21.4.1998, p. 1).

      ANNEX
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the United States is replaced by the following:

                     ISO code and name of third country or territory

                     Code of third country, territory, zone or compartment

                     Description of third country, territory, zone or compartment

                     Veterinary certificate

                     Specific conditions

                     Specific conditions

                     Avian influenza surveillance status

                     Avian influenza vaccination status

                     Salmonella control status (7)

                     Model(s)

                     Additional guarantees

                     Closing date (1)

                     Opening date (2)

                     1

                     2

                     3

                     4

                     5

                     6

                     6A

                     6B

                     7

                     8

                     9

                     ‘US — United States

                     US-0

                     Whole country

                     SPF

                     EP, E

                     S4

                     US-1

                     Area of the United States, excluding the territory US-2

                     BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA

                     N

                     A

                     S3, ST1’

                     WGM

                     VIII

                     POU, RAT

                     N

                     US-2

                     Area of the United States corresponding to Douglas County in the State of Oregon and the entire territory of the State of Washington

                     WGM

                     VIII

                     P2

                     19.12.2014

                     POU, RAT

                     N
                     P2