title: Commission Implementing Regulation (EU) 2015/1425 of 24 August 2015 prohibiting fishing activities for purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea

text:
               26.8.2015

               EN

               Official Journal of the European Union

               L 223/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1425
   of 24 August 2015
   prohibiting fishing activities for purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules on the Common Fisheries Policy, (1) and in particular Article 36, paragraph 2 thereof,
   Whereas:

               (1)

               Council Regulation (EU) 2015/104 (2) fixes the amount of bluefin tuna which may be fished in 2015 in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by European Union fishing vessels and traps.

               (2)

               Council Regulation (EC) No 302/2009 (3) requires Member States to inform the Commission of the individual quota allocated to their vessels over 24 metres. For catching vessels less than 24 metres and for traps, Member States need to inform the Commission at least of the quota allocated to producer organisations or groups of vessels fishing with similar gear.

               (3)

               The common fisheries policy is designed to ensure the long-term viability of the fisheries sector through sustainable exploitation of living aquatic resources based on the precautionary approach.

               (4)

               In accordance with Article 36, paragraph 2 of Regulation (EC) No 1224/2009, where, on the basis of information provided by Member States and other information in its possession, the Commission finds that fishing opportunities available to the European Union, a Member State or group of Member States are deemed to have been exhausted for one or more gears or fleets, the Commission shall inform the Member State(s) concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.

               (5)

               The information in the Commission's possession indicates that the fishing opportunities for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea allocated to purse seiners flying the flag of or registered in Croatia, France, Italy, Malta and Spain have been exhausted.

               (6)

               On 10 and 24 June 2015, Croatia informed the Commission that it had stopped the fishing activities of its nine purse seine vessels active in the 2015 bluefin tuna fishery: as of 10 June for four vessels, as of 20 June for two vessels and as of 24 June 2015 for three vessels, resulting in the prohibition of all the activities as of 24 June 2015 at 24:00.

               (7)

               On 1, 4 and 9 June 2015, France informed the Commission that it had stopped the fishing activities of its 17 purse seine vessels active in the 2015 bluefin tuna fishery: as of 1 June for 12 vessels, as of 4 June for three vessels and as of 9 June for two vessels, resulting in the prohibition of all the activities as of 9 June 2015 at 10:02.

               (8)

               On 30 May, and 1 and 10 June 2015, Italy informed the Commission that it had stopped the fishing activities of its 12 purse seine vessels active in the 2015 bluefin tuna fishery: as of 30 May for four vessels, as of 1 June for seven vessels and as of 10 June for the remaining vessel, resulting in the prohibition of all the activities as of 10 June 2015 at 11:21.

               (9)

               On the 3 July 2015, Malta informed the Commission that it had stopped the fishing activities of its purse seine vessel active in the 2015 bluefin tuna fishery as of 10 June 2015 at 8:00.

               (10)

               On 28 May, 1 June and 1 July 2015, Spain informed the Commission that it had stopped the fishing activities of its six purse seine vessels active in the 2015 bluefin tuna fishery: as of 28 May for one vessel, as of 1 June for four vessels and as of 8 June for the remaining vessel, resulting in the prohibition of all the activities as of 8 June 2015 at 15:00.

               (11)

               Without prejudice to the actions by Croatia, France, Italy, Malta and Spain mentioned above, it is necessary that the Commission confirms the prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W and the Mediterranean Sea by purse seiners flying the flag of or registered in the EU Member States concerned as of 24 June 2015 at 24:00 at the latest for Croatia, as of 9 June 2015 at 10:02 at the latest for France, as of 10 June 2015 at 11:21 at the latest for Italy, as of 10 June 2015 at 8:00 for Malta and as of 8 June 2015 at 15:00 at the latest for Spain,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Croatia shall be prohibited as of 24 June 2015 at 24:00 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 2
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in France shall be prohibited as of 9 June 2015 at 10:02 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 3
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Italy shall be prohibited as of 10 June 2015 at 11:21 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 4
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Malta shall be prohibited as of 10 June 2015 at 8:00.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 5
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by purse seiners flying the flag of or registered in Spain shall be prohibited as of 8 June 2015 at 15:00 at the latest.
   Bluefin tuna caught by those vessels as of that date shall not be retained on board, placed in cages for fattening or farming, transhipped, transferred or landed.
   Article 6
   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, 24 August 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).

      (3)  Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for Bluefin tuna in the Eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1).


title: Commission Implementing Regulation (EU) No 670/2014 of 18 June 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.6.2014

               EN

               Official Journal of the European Union

               L 179/66

         COMMISSION IMPLEMENTING REGULATION (EU) No 670/2014
   of 18 June 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, 18 June 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

                  0702 00 00

                  MK

                  70,1

                  TR

                  88,1

                  ZZ

                  79,1

                  0707 00 05

                  MK

                  50,7

                  TR

                  85,9

                  ZZ

                  68,3

                  0709 93 10

                  TR

                  108,5

                  ZZ

                  108,5

                  0805 50 10

                  AR

                  96,3

                  TR

                  125,4

                  ZA

                  114,6

                  ZZ

                  112,1

                  0808 10 80

                  AR

                  104,0

                  BR

                  81,9

                  CA

                  102,6

                  CL

                  103,9

                  CN

                  130,3

                  NZ

                  139,0

                  US

                  223,4

                  ZA

                  130,2

                  ZZ

                  126,9

                  0809 10 00

                  TR

                  253,2

                  ZZ

                  253,2

                  0809 29 00

                  TR

                  314,0

                  ZZ

                  314,0

                  0809 30

                  MA

                  135,6

                  MK

                  87,8

                  ZZ

                  111,7

         (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) 2016/1343 of 5 August 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               6.8.2016

               EN

               Official Journal of the European Union

               L 213/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1343
   of 5 August 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 August 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  170,6

                  ZZ

                  170,6

                  0707 00 05

                  TR

                  116,3

                  ZZ

                  116,3

                  0709 93 10

                  TR

                  132,0

                  ZZ

                  132,0

                  0805 50 10

                  AR

                  193,0

                  CL

                  145,2

                  MA

                  157,0

                  TR

                  157,0

                  UY

                  87,8

                  ZA

                  176,7

                  ZZ

                  152,8

                  0806 10 10

                  BR

                  163,2

                  EG

                  220,8

                  MA

                  180,8

                  TR

                  167,5

                  ZZ

                  183,1

                  0808 10 80

                  AR

                  115,5

                  BR

                  102,1

                  CL

                  137,5

                  CN

                  137,7

                  NZ

                  134,9

                  PE

                  106,8

                  US

                  143,6

                  ZA

                  96,8

                  ZZ

                  121,9

                  0808 30 90

                  AR

                  101,6

                  CL

                  126,5

                  NZ

                  141,8

                  TR

                  149,7

                  ZA

                  121,4

                  ZZ

                  128,2

                  0809 29 00

                  CA

                  331,3

                  TR

                  242,9

                  ZZ

                  287,1

                  0809 30 10 , 0809 30 90

                  TR

                  142,2

                  ZZ

                  142,2

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


title: Council Implementing Regulation (EU) No 405/2011 of 19 April 2011 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel bars and rods originating in India

text:
               28.4.2011

               EN

               Official Journal of the European Union

               L 108/3

         COUNCIL IMPLEMENTING REGULATION (EU) No 405/2011
   of 19 April 2011
   imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel bars and rods originating in India

      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 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 15(1) thereof,
   Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Provisional measures

               (1)

               The Commission, by Regulation (EU) No 1261/2010 (2) (the provisional Regulation) imposed a provisional countervailing duty on imports of certain stainless steel bars originating in India.

               (2)

               The proceeding was initiated following a complaint lodged on 15 February 2010 by the European Federation of Iron and Steel Industries (Eurofer) (the complainant) on behalf of producers representing a major proportion, in this case more than 25 %, of total Union production of certain stainless steel bars.

               (3)

               As set out in recital 23 of the provisional regulation, the investigation of subsidisation and injury covered the period from 1 April 2009 to 31 March 2010 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 2007 to the end of the investigation period (period considered).

         1.2.   Subsequent procedure

               (4)

               Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional countervailing measures (provisional disclosure), several interested parties made written submissions making their views known on the provisional findings. The parties who so requested were granted the opportunity to be heard. The Commission continued to seek information it deemed necessary for its definitive findings. The oral and written comments submitted by the interested parties were considered and taken into account, where appropriate.

               (5)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive countervailing duty on imports of certain stainless steel bars originating in India and the definitive collection of the amounts secured by way of the provisional duty. The parties were also granted a period within which they could make representations subsequent to this final disclosure.

         1.3.   Parties concerned by the proceeding

               (6)

               In the absence of any comments concerning the parties concerned by the proceeding, recitals 5 to 22 of the provisional Regulation are hereby confirmed.

         2.   PRODUCT CONCERNED AND THE LIKE PRODUCT

   2.1.   Product concerned

               (7)

               It is recalled that, as stated in recital 24 of the provisional Regulation, ‘the product concerned’ was defined as stainless steel bars and rods, not further worked than cold-formed or cold-finished, other than bars and rods of circular cross-section of a diameter of 80 mm or more, originating in India currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89.

               (8)

               One exporting producer in India claimed that SSB of a circular cross section of a diameter of less than 80 mm but outside the tolerance range of H6 to H11 should be excluded from the investigation because it does not fall within the product scope.

               (9)

               This argument was rejected since the product scope does not refer to tolerances. The product control number (PCN) in the questionnaire does contain a field for tolerances limited to range H6 to H11 but this is only for comparison purposes and has no binding consequences for the product under investigation. It is therefore concluded that products outside the tolerance range of H6 to H11 should not be excluded.

               (10)

               It should be noted that for the calculation of the provisional subsidy and injury margins, the products outside the tolerance range of H6 to H11 were taken into account.

         2.2.   Like product

               (11)

               In the absence of any comments concerning the like product, recital 25 of the provision Regulation is hereby confirmed.

         3.   SUBSIDISATION

   3.1.   Introduction

               (12)

               In recital 26 of the provisional Regulation, reference was made to the following schemes, which allegedly involve the granting of subsidies:

                           (a)

                           duty entitlement passbook scheme;

                           (b)

                           advance authorisation scheme;

                           (c)

                           export promotion capital goods scheme;

                           (d)

                           export oriented units scheme;

                           (e)

                           export credit scheme.

               (13)

               The Union industry questioned whether the Commission failed to take into account a number of subsidy schemes, and as a result believed that the subsidies found to be received by Indian producers were underestimated.

               (14)

               In reply to this, it should be noted that the complaint contained a great number of national and local subsidy schemes, which were included in the questionnaire to exporting producers in India and investigated by the Commission. However, only for the schemes listed in recital 12 above, it was found that the investigated exporting producers in the sample had received subsidies.

               (15)

               The Union industry also argued that the Commission findings contradict a US Department of Commence (US DOC) finding in a recent countervailing proceedings concerning certain steel exports from India where much higher subsidies were found. However, it should be noted that this finding relates to a different product and cover a different investigation period. Consequently, this argument is hereby rejected.

               (16)

               In the absence of any other comments, recitals 26 to 28 of the provisional Regulation are hereby confirmed.

         3.2.   Duty entitlement passbook scheme (DEPBS)

               (17)

               Several parties argued that the DEPBS should not be considered as a countervailable subsidy, since the purpose of the scheme is to offset customs duties on imports. As explained in recital 38 of the provisional Regulation this scheme cannot be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 3(1)(a)(ii) of the basic Regulation since it does not conform to the rules laid down in Annex I item (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation. In particular, an exporter is under no obligation to actually consume the goods imported free of duty in the production process and the amount of credit is not calculated in relation to actual inputs used. Moreover, there is no system or procedure in place to confirm which inputs are consumed in the production process of the exported product or whether an excess payment of import duties occurred within the meaning of item (i) of Annex I, and Annexes II and III to the basic Regulation. Lastly, an exporter is eligible for the DEPBS benefits regardless of whether it imports any inputs at all. In order to obtain the benefit, it is sufficient for an exporter to simply export goods without demonstrating that any input material was imported. Thus, even exporters which procure all of their inputs locally and do not import any goods which can be used as inputs are still entitled to benefit from the DEPBS. Therefore, these arguments are hereby rejected.

               (18)

               In case of sales of the DEPB licence, one party argued that the actual selling price was below the licence value and therefore the benefit was less. In this regard, it should be noted that the benefit under this scheme was calculated on the basis of the amount of credit granted in the licence regardless of whether the licence was used to offset customs duties on imports or whether the licence was actually sold. It is considered that any sale of a licence at a price less the face value is a pure commercial decision which does not alter the amount of benefit received under this scheme. Therefore, this argument is hereby rejected.

               (19)

               One party further argued that even if the DEPBS was considered countervailable, the benefit received under the scheme should not be based on export value, but rather the actual use of the DEPB licence. In this respect, it should be recalled that in accordance with Articles 3(2) and 5 of the basic Regulation, the amount of countervailable subsidies was calculated in terms of benefit conferred on the recipient, which is found to exist during the IP. In this regard, it was considered that the benefit is conferred on the recipient at the point of time when an export transaction is made under this scheme. At that moment, the Government of India (GOI) is liable to forego the customs duties, which constitutes a financial contribution within the meaning of Article 3(1)(a)(i) of the basic Regulation. Once the customs authorities issue an export shipping bill which shows, inter alia, the amount of DEPBS credit which is to be granted for that export transaction, the GOI has no discretion as to whether or not to grant the subsidy. By virtue of the fact that a company is aware that it will receive a subsidy under DEPBS, the company is in a more advantageous position, because it can reflect the subsidies through offering lower prices. The moment of export is decisive in order to establish conferral of a benefit, not the subsequent usage, because an exporter already with such vested right is ‘better off’ in financial terms. Consequently, this claim is hereby rejected.

               (20)

               In the absence of any other comments concerning this scheme, recitals 29 to 41 of the provisional Regulation are hereby confirmed.

         3.3.   Advance authorisation scheme (AAS)

               (21)

               One party argued that the AAS should be considered as a duty drawback system, because the imported materials are used to produce exported goods. In reply to this argument, it was explained in recital 54 of the provisional Regulation that the sub-scheme used in the present case cannot be considered permissible duty drawback system or substitution drawback system within the meaning of Article 3(1)(a)(ii) of the basic Regulation. It does not conform to the rules laid down in Annex I item (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation. The GOI did not effectively apply a verification system or a procedure to confirm whether and in what amounts inputs were consumed in the production of the exported product (Annex II(II)(4) to the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) to the basic Regulation). It is also considered that the standard input-output norms (SIONs) for the product concerned were not sufficiently precise and that themselves cannot constitute a verification system of actual consumption because the design of those standard norms does not enable the GOI to verify with sufficient precision what amounts of inputs were consumed in the export production. In addition, the GOI did not carry out a further examination based on actual inputs involved, although this would normally need to be carried out in the absence of an effectively applied verification system (Annex II(II)(5) and Annex III(II)(3) to the basic Regulation). The sub-scheme is therefore countervailable, and the argument is hereby rejected.

               (22)

               Regarding the calculation of the subsidy amount, and contrary to the submission by one party, AAS benefit generated by other than the product concerned had to be considered when establishing the amount of countervailable benefit. No obligation exists under AAS which limits the use of the benefit to the importation of duty-free input material linked to a particular product. Consequently, the product concerned can benefit from all AAS benefit generated.

               (23)

               In the absence of any other comments concerning this scheme, recitals 42 to 58 of the provisional Regulation are hereby confirmed

         3.4.   Export promotion capital goods scheme (EPCGS)

               (24)

               In the absence of any comments concerning this scheme, recital 59 of the provisional Regulation is hereby confirmed.

         3.5.   Export oriented units scheme (EOUS)

               (25)

               Before addressing a number of comments from the company in the sample which had the status of an EOU, it should be recalled that a crucial obligation of an EOU as set out in the FT-policy 2004-2009 and FT-policy 2009-2014 is to achieve net foreign exchange (NFE) earnings, that is in a reference period (5 years) the total value of exports has to be higher than the total value of imported goods. All enterprises which, in principle, undertake to export their entire production of goods or services may be set up under the EOUS.

               (26)

               In return, export oriented units are entitled to a number of concessions listed under recital 66 of the provisional Regulation. They are contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 4(4), first subparagraph, point (a) of the basic Regulation. The export objective of an EOU as set out in Chapter 6.1 of the FT-policy 2009-2014 is a conditio sine qua non to obtain the subsidies.

               (27)

               The exemptions an EOU enjoys are all contingent in law upon export performance. The EOUS cannot be considered as a permissible duty drawback system or substitution drawback system within the meaning of Article 3(1)(a)(ii) of the basic Regulation. It does not conform to the strict rules laid down in Annex I (items (H) and (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation.

               (28)

               In addition, it has not been confirmed that the GOI has a verification system or procedure in place to confirm whether and in what amounts duty and or sales tax free procured inputs were consumed in the production of the exported product (Annex II(II)(4) to the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) to the basic Regulation). The verification system in place aims at monitoring the NFE earning obligation and not the consumption of imports in relation to the production of exported goods.

               (29)

               In the view of the party with the status of an EOU, countervailability of any benefit is subject to two conditions: (i) lack of a verification system; and (ii) that there is excess remission. In reply to this, it should be noted that it is vital for the GOI to demonstrate that it has put in place a proper verification system to determine which inputs were consumed in the production process and in what amounts. The lack of a proper verification system will be further addressed below. Regarding the issue of excess remission, this is only relevant in a case where it has determined that a scheme, in this cases the EOUS, is a bona fide duty drawback scheme which fulfils the requirements of Annexes I, II and III to the basic Regulation. As already explained in recital 27 above, the EOUS cannot be considered as a permissible duty drawback system or substitution drawback system within the meaning of Article 3(1)(a)(ii) of the basic Regulation.

               (30)

               The party further underlined the default character of the EOU system as one that allows duty-free imports of raw material for exports of finals goods. The party argued that the EOU system may be assimilated with the special customs procedure of inward processing relief, not duty drawback. It claimed that irrespective of whether the outcome of these two systems is theoretically the same (export of goods that incorporate raw materials for which duty upon importation is foregone), there are substantial differences between them. In support for the claim, the party argued that in a duty drawback system, the exporter has the right to claim the refund or duties for raw material incorporated in the final goods. In the inward processing system, the exporter is exempted from any import duty but has the legal obligation to pay duty for any final goods sold domestically. The party argued that there cannot be any excess remission under the latter system.

               (31)

               In reply to this, it should first of all be noted that it can only be determined whether excess payment has taken place in cases where there is a verification system in place aiming to monitor the consumption of imports in relation to the production of exported goods. Regarding the party’s claim that the EOU is not a duty drawback scheme, it should be noted that footnote 2 of Annex I to the basic Regulation clearly stipulates that for the purpose of the basic Regulation ‘remission or drawback’ includes the full or partial exemption or deferral of import charges. It should be clear that the basic concept applying to duty drawback refund or exemption schemes are the same, i.e. that import duties on imports of raw materials are either not payable or refundable on the condition that such raw materials are used in the manufacture of products, which are consequently exported. Finally, it should be clear that, in order to determine whether the EOUS is to be considered as a bona fide duty drawback scheme, it has to meet the requirements of Annexes I, II and III to the basic Regulation.

               (32)

               The party further claimed that an EOU is subject to a proper verification system and further verification steps regarding both its export and domestic sales. It claimed that not only the foreign trade policy (FTP) and the Handbook of procedures (HOP), which establishes the laws and procedures to EOU, were relevant. It should also be investigated whether there are other Indian laws and Regulations in place which establish a reasonable and effective verification system. In support for its claim, the party argued that, according to Section 6.10.1 of the HOP, it is legally obliged to maintain proper accounts and shall file digitally signed quarterly and annual progress reports concerning imports, domestic purchases, export and domestic sales. The party further argued that, according to the Central Excise Act, 1944, when making domestic sales, it is under the legal obligation to issue a tax invoice on which, for example, the payable taxes clearly are indicated. The Central Excise Act also establishes monthly requirements according to which the party must submit to the authorities full details of its domestic sales. Also, under the Companies Act, 1956, and the applicable accounting standards, the party is legally obliged to provide detailed information on imports and domestic procurement, as well as export and domestic sales in its audited financial statements.

               (33)

               In reply to this, it is not disputed that the Companies Act may provide the framework for accounting standards in India. However, when accessing the countervailability of the EOU, the relevant issue is whether the GOI has a system in place which can confirm whether and in what amounts inputs free of duty or tax were consumed in the production of the exported goods.

               (34)

               The requirements under the Central Excise Act serve a completely different purpose, i.e. to ensure that applicable taxes are paid in case of sales on the domestic market in India. It does not verify the duty-free imported materials, and it does not control the nexus between duty-free inputs and resultant export products in order to qualify as duty drawback schemes.

               (35)

               Concerning further verification steps installed, it should be recalled, as mentioned under recital 69 of the provisional Regulation, that an EOU is at no point in time required to co-relate every import consignment with the destination of the corresponding resulting product. Only such consignment controls, however, would provide the Indian authorities with sufficient information about the final destination of inputs to check that duty/sales tax exemptions do not exceed inputs for export production.

               (36)

               Consequently, despite careful consideration of the submission made by this party, it was confirmed that the GOI has no effective verification system or procedure in place to confirm whether and in what amounts duty and sales tax-free procured inputs were consumed in the production of the exported product (Annex II(II)(4) to the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) to the basic Regulation). Also the GOI did not carry out a further examination based on actual inputs involved, although this would be normally required in the absence of an effective verification system (Annex II(II)(5) and Annex III(II)(3) to the basic Regulation). Furthermore no evidence was provided by the GOI that no excess remission took place.

               (37)

               The party argued that for the purpose of the subsidy calculation the Commission should have taken into account customs duties paid on domestic sales of finished products. In reply to this argument, it should be noted that though the purpose for setting up an EOU unit is to achieve NFE earning, the EOU unit has the possibility to sell part of its production on the domestic market. Under the EOUS, the goods will be treated as imported goods though only a concessional duty rate of 50 % has to be paid. As such, an EOU is not in a different situation than other companies operating on the domestic market, i.e. applicable duties/taxes would have to be paid on purchased goods. In this context, it should be clear that a decision of the GOI to tax goods for consumption on the domestic market does not mean that the exemption of an EOU unit from import duties and reimbursement of sales taxes is not a benefit in relation to the export sales of the product concerned. Moreover, the sales on the domestic market have no impact on the more general assessment of the adequacy of whether there is an appropriate verification system in place.

               (38)

               The party also argued that the Commission uses the wrong denominator when calculating the subsidy amount. It claimed that the correct denominator is the entire sales turnover and not the export sales turnover. This claim has to be rejected. In accordance with Article 7(2) of the basic Regulation, the subsidy amount (numerator) calculated under the scheme was allocated over total export turnover during the IP as appropriate denominator because the subsidy is contingent upon export performance. The possibility for an EOU to sell part of its production on the domestic market does not alter the fact that EOUS has a clear export objective.

               (39)

               Lastly, the party argued that the benefit conferred upon the company should be equal to the credit costs foregone by the GOI between the time the raw materials are imported and the final stainless steel bars are exported from India. In support for its claim, the party referred to a recent preliminary finding of the US DOC in an anti-subsidy new shipper review where unpaid duties were considered to be interest-free loan made to the company at the time of the importation. In reply to this, it is noted that the Commission is not bound by any calculation methodology applied by the US DOC but by the provisions of the basic Regulation. In the present case, the calculation methodology used is explained in recitals 75 and 76 of the provisional Regulation. In any event, this argument would only work if the duties were merely deferred (footnote 3 of Annex I to the basic Regulation) rather than exempted, as is the case here.

               (40)

               In the light of the above, recitals 60 to 77 of the provisional Regulation are hereby confirmed.

         3.6.   Export credit scheme (ECS)

               (41)

               One party acknowledged that it had received a preferential credit for its export but argued that this rate was considerably higher than the prevailing credit rates in the EU and therefore should not be considered as a benefit.

               (42)

               In reply to this, it should be noted that the subsidy amount was calculated on the basis of the difference between the interest paid for export credits and the amount that would have been payable for ordinary commercial credits used by the company concerned in India. In this case, a domestic benchmark was used to calculate the amount of subsidy. Therefore, this argument is hereby rejected.

               (43)

               In the absence of any other comments concerning this scheme, recitals 78 to 86 of the provisional Regulation are hereby confirmed.

         3.7.   Amount of countervailable subsidies

               (44)

               The amount of countervailable subsidies in accordance with the provisions of the basic Regulation, expressed ad valorem, ranges from 3,3 % to 4,3 %. As these are at the same level as set out in recital 87 of the provisional Regulation, that recital is therefore confirmed.

                           SCHEME→

                           DEPBS (3)

                           AAS (3)

                           EOU (3)

                           ECS (3)

                           Total

                           Company

                           Chandan Steel Ltd

                           1,5 %

                           1,5 %

                           0,4 %

                           3,4 %

                           Venus group

                           2,6 % to 3,4 %

                           0 to 0,8 %

                           3,3 % (4)

                           Viraj Profiles Vpl. Ltd

                           4,3 %

                           4,3 %

               (45)

               The methodology for establishing the subsidy margin for the cooperating companies not included in the sample was set out in recital 88 of the provisional Regulation. In line with Article 15(3) of the basic Regulation, the subsidy margin for the cooperating companies not included in the sample, calculated on the basis of the weighted average subsidy margin established for the cooperating companies in the sample, is 4,0 %. Hence, recital 88 of the provisional Regulation is hereby confirmed.

               (46)

               The basis for establishing the country-wide subsidy margin was set out in recital 89 of the provisional Regulation. In the absence of any comments in this regard, recital 89 of the provisional Regulation is hereby confirmed.

         4.   UNION INDUSTRY

               (47)

               In the absence of any comments concerning Union industry, recitals 90 to 93 of the provisional Regulation are hereby confirmed.

         5.   INJURY

               (48)

               In the absence of any comments concerning injury, recitals 94 to 122 of the provisional Regulation are hereby confirmed.

         6.   CAUSATION

               (49)

               In the absence of any comments concerning causation, recitals 123 to 136 of the provisional Regulation are hereby confirmed.

         7.   UNION INTEREST

               (50)

               In the absence of any comments concerning Union interest, the conclusions in recitals 137 to 148 of the provisional Regulation are hereby confirmed.

         8.   DEFINITIVE COUNTERVAILING MEASURES

   8.1.   Injury elimination level

               (51)

               One party claimed that the average pre-tax profit margin of 9,5 %, which was based on the situation in the year 2007, used to calculate the non-injurious price to establish the injury margin, was not representative for the industry’s long-term pre-tax profit margin. It was argued that the year on which this profit was based counted as an exceptional year and that the years 2005-2006 would be more representative since these were normal business years with profit margins ranging from 4 to 6 %.

               (52)

               The target profit used at provisional stage was based on the weighted average profit margin realised by the sampled Union producers in 2007. This year was considered to be the most recent representative year when the Union producers did not suffer from injurious subsidisation. The comment is therefore rejected, the profit margin used at provisional stage is hereby confirmed.

               (53)

               In the absence of other comments received concerning the injury elimination level, recitals 149 to 153 of the provisional Regulation are hereby confirmed.

         8.2.   Conclusion on injury elimination level

               (54)

               The methodology used in the provisional Regulation is hereby confirmed.

         8.3.   Level of the duties

               (55)

               In the light of the foregoing and in accordance with Article 15(1) of the basic Regulation, a definitive countervailing duty should be imposed at a level sufficient to eliminate the injury caused by the subsidised imports without exceeding the subsidy margin found.

               (56)

               On the basis of the above, the countervailing duty rates were established by comparing the injury elimination margins and the subsidy margins. Consequently, the proposed countervailing duty rates are as follows:

                           Company

                           Subsidy margin

                           Injury margin

                           Countervailing duty rate

                           Chandan Steel Ltd

                           3,4 %

                           28,6 %

                           3,4 %

                           Venus Group

                           3,3 %

                           45,9 %

                           3,3 %

                           Viraj Profiles Vpl. Ltd

                           4,3 %

                           51,5 %

                           4,3 %

                           Cooperating non-sampled companies

                           4,0 %

                           44,4 %

                           4,0 %

                           All other companies

                           4,3 %

                           51,5 %

                           4,3 %

               (57)

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

               (58)

               Any claim requesting the application of an individual company countervailing duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (5) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates.

         8.4.   Definitive collection of provisional duties

               (59)

               In view of the magnitude of the subsidy margins found and in the light of the level of the injury caused to the Union industry, it is considered necessary that the amounts secured by way of the provisional countervailing duty, imposed by the provisional Regulation, be definitively collected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive countervailing duty is hereby imposed on imports of stainless steel bars and rods, not further worked than cold-formed or cold-finished, other than bars and rods of circular cross-section of a diameter of 80 mm or more, currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89 and originating in India.
   2.   The rate of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and manufactured by the companies below shall be:

               Company

               Duty (%)

               TARIC additional code

               Chandan Steel Ltd, Mumbai

               3,4

               B002

               Venus Wire Industries Pvt. Ltd, Mumbai;
               Precision Metals, Mumbai;
               Hindustan Inox Ltd, Mumbai;
               Sieves Manufacturer India Pvt. Ltd, Mumbai

               3,3

               B003

               Viraj Profiles Vpl. Ltd, Thane

               4,3

               B004

               Companies listed in the Annex

               4,0

               B005

               All other companies

               4,3

               B999

         3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   Amounts secured by way of provisional countervailing duties pursuant to Regulation (EU) No 1261/2010 on imports of stainless steel bars and rods, not further worked than cold-formed or cold-finished, other than bars and rods of circular cross-section of a diameter of 80 mm or more, currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89, and originating in India, shall be definitively collected.
   Article 3
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 April 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 188, 18.7.2009, p. 93.

      (2)  OJ L 343, 29.12.2010, p. 57.

      (3)  Subsidies marked with an asterisk are export subsidies.

      (4)  Weighted average for the group.

      (5)  European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.
   ANNEX

      INDIAN COOPERATING EXPORTING PRODUCERS NOT SAMPLED

      TARIC ADDITIONAL CODE B005

               Company name

               City

               Ambica Steel Ltd

               New-Delhi

               Bhansali Bright Bars Pvt. Ltd

               Navi-Mumbai

               Chase Bright Steel Ltd

               Navi-Mumbai

               D.H. Exports Pvt. Ltd

               Mumbai

               Facor Steels Ltd

               Nagpur

               Global Smelters Ltd

               Kanpur

               Indian Steel Works Ltd

               Navi-Mumbai

               Jyoti Steel Industries Ltd

               Mumbai

               Laxcon Steels Ltd

               Ahmedabad

               Meltroll Engineering Pvt. Ltd

               Mumbai

               Mukand Ltd

               Thane

               Nevatia Steel & Alloys Pvt. Ltd

               Mumbai

               Panchmahal Steel Ltd

               Kalol

               Raajratna Metal Industries Ltd

               Ahmedabad

               Rimjhim Ispat Ltd

               Kanpur

               Sindia Steels Ltd

               Mumbai

               SKM Steels Ltd

               Mumbai

               Parekh Bright Bars Pvt. Ltd

               Thane

               Shah Alloys Ltd

               Gandhinagar


title: Commission Implementing Regulation (EU) 2017/636 of 30 March 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  5.4.2017

                  EN

                  Official Journal of the European Union

                  L 91/4

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/636
      of 30 March 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

                  In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                  (2)

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

                  (3)

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

                  (4)

                  It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                  (5)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
      Article 2
      Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 30 March 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

         (1)  OJ L 269, 10.10.2013, p. 1.

         (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

         ANNEX

                     Description of the goods

                     Classification (CN code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     A pair of buckles to be used as a locking mechanism for safety seat belts. Each buckle consists of a metal locking mechanism, a plastic housing, a textile strap, metal connecting elements, and an electric sensor which generates an audio signal when the vehicle safety seat belts are supposed to be, but are not, coupled.
                     In the total composition of the product by weight, carbon steel represents 56 %, plastics 21 %, textiles 13 % and other materials 10 %.
                     It is an element of a seat belt assembly used, for example, for seats of a motor vehicle.
                     See image (*1).

                     8308 90 00

                     Classification is determined by general rules 1, 3(b), 4 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XV, and by the wording of CN codes 8308  and 8308 90 00 .
                     The product has the objective characteristics of a buckle as it works as a locking mechanism.
                     Classification under heading 8301  as a lock of base metal is excluded as the product is neither a fastening device operated by a key nor controlled by a combination of letters or figures nor an electrically operated lock (see also the Harmonized System Explanatory Notes to heading 8301 ).
                     Classification under heading 8302  as base-metal mountings, fittings and similar articles suitable for coachwork is excluded as the article is not a part of the body of the car, but a part of the safety seat belt assembly.
                     Classification under heading 8708  as a part of safety seat belt is also excluded, as that heading only covers safety seat belts of vehicles of headings 8701  to 8705  but not parts thereof.
                     Classification under subheading 8708 21  as incomplete safety seat belts is also excluded as the product represents only one of the elements of a complete seat belt (consisting of five main parts: buckles, retractors, anchors, webbing and latchplates) and it thus does not have, as presented, the essential character of a complete or finished article.
                     The product, which is not, based on its objective properties and characteristics, classifiable under a specific heading, is nevertheless by its objective characteristics and properties most akin to buckles of heading 8308 . It is therefore to be classified under CN code 8308 90 00  as buckles of base metal.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 733/2012 of 13 August 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               14.8.2012

               EN

               Official Journal of the European Union

               L 216/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 733/2012
   of 13 August 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 August 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  45,6

                  TR

                  55,3

                  ZZ

                  50,5

                  0707 00 05

                  TR

                  100,7

                  ZZ

                  100,7

                  0709 93 10

                  TR

                  105,8

                  ZZ

                  105,8

                  0805 50 10

                  AR

                  96,2

                  TR

                  92,0

                  UY

                  95,3

                  ZA

                  98,6

                  ZZ

                  95,5

                  0806 10 10

                  EG

                  204,0

                  MA

                  168,7

                  MK

                  50,2

                  MX

                  186,3

                  TR

                  169,9

                  ZZ

                  155,8

                  0808 10 80

                  AR

                  81,9

                  BR

                  105,2

                  CL

                  127,1

                  NZ

                  116,3

                  US

                  194,6

                  ZA

                  95,7

                  ZZ

                  120,1

                  0808 30 90

                  AR

                  111,0

                  CL

                  165,2

                  CN

                  80,2

                  NZ

                  165,5

                  TR

                  174,2

                  ZA

                  108,3

                  ZZ

                  134,1

                  0809 30

                  TR

                  158,6

                  ZZ

                  158,6

                  0809 40 05

                  BA

                  67,4

                  IL

                  69,8

                  ZZ

                  68,6

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


title: Commission Implementing Regulation (EU) No 421/2012 of 16 May 2012 on the issue of import licences for applications submitted in the first seven days of May 2012 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009

text:
               17.5.2012

               EN

               Official Journal of the European Union

               L 130/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 421/2012
   of 16 May 2012
   on the issue of import licences for applications submitted in the first seven days of May 2012 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
   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 Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.

               (2)

               Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 May 2012 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 May 2012 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 16,215775 %.
   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 Brussels, 16 May 2012.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 182, 15.7.2009, p. 25.


title: Commission Implementing Regulation (EU) No 680/2011 of 14 July 2011 establishing budgetary ceilings for 2011 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009

text:
               15.7.2011

               EN

               Official Journal of the European Union

               L 185/62

         COMMISSION IMPLEMENTING REGULATION (EU) No 680/2011
   of 14 July 2011
   establishing budgetary ceilings for 2011 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular the first subparagraph of Article 51(2), Articles 69(3), 87(3) and 123(1), the second subparagraph of Article 128(1), the second subparagraph of Article 128(2), and Article 131(4) thereof,
   Whereas:

               (1)

               For the Member States implementing, in 2011, the single payment scheme provided for under Title III of Regulation (EC) No 73/2009, the budgetary ceilings for each of the payments referred to in Articles 52, 53 and 54 of that Regulation should be established for 2011.

               (2)

               For the Member States making use, in 2011, of the option provided for in Article 87 of Regulation (EC) No 73/2009, the budgetary ceilings applicable to the direct payments excluded from the single payment scheme should be fixed for 2011.

               (3)

               For the Member States making use, in 2011, of the options provided for in Article 69(1) or 131(1) of Regulation (EC) No 73/2009, the budgetary ceilings for the specific support referred to in Chapter 5 of Title III of Regulation (EC) No 73/2009 should be established for 2011.

               (4)

               Article 69(4) of Regulation (EC) No 73/2009 limits the resources that can be used for any coupled measure provided for in points (i), (ii), (iii) and (iv) of Article 68(1)(a) and in Article 68(1)(b) and (e) to 3,5 % of the national ceiling referred to in Article 40 of the same Regulation. For the sake of clarity, the Commission should publish the ceiling resulting from the amounts notified by the Member States for the measures concerned.

               (5)

               Pursuant to Article 69(6)(a) of Regulation (EC) No 73/2009, the amounts calculated in accordance with Article 69(7) of that Regulation have been laid down in Annex III to Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 (2). For the sake of clarity, the Commission should publish the amounts notified by Member States which they intend to use in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009.

               (6)

               For the sake of clarity, the 2011 budgetary ceilings for the single payment scheme, resulting from deduction of the ceilings established for the payments referred to in Articles 52, 53, 54, 68 and 87 of Regulation (EC) No 73/2009 from the ceilings given in Annex VIII to the same Regulation, should be published. The amount to be deducted from the said Annex VIII in order to finance the specific support provided for in Article 68 of Regulation (EC) No 73/2009 corresponds to the difference between the total amount for the specific support notified by the Member States and the amounts notified to finance the specific support in accordance with Article 69(6)(a) of the same Regulation. Where a Member State implementing the single payment scheme decides to grant the support referred to in point (c) of Article 68(1), the amount notified to the Commission is to be included in the single payment scheme ceiling, as this support takes the form of an increase in the unit value and/or the number of the farmer’s payment entitlements.

               (7)

               For Member States implementing, in 2011, the single area payment scheme provided for in Chapter 2 of Title V of Regulation (EC) No 73/2009, the annual financial envelopes should be established in accordance with Article 123(1) of that Regulation.

               (8)

               For the sake of clarity, the maximum amount of funds available to Member States applying the single area payment scheme for granting separate sugar payments in 2011 pursuant to Article 126 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

               (9)

               For the sake of clarity, the maximum amount of funds available to Member States applying the single area payment scheme for granting separate fruit and vegetables payments in 2011 pursuant to Article 127 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

               (10)

               For Member States applying the single area payment scheme, the 2011 budgetary ceilings applicable to transitional payments for fruit and vegetables payments in 2011 in accordance with Article 128(1) and (2) of Regulation (EC) No 73/2009, should be published on the basis of their notification.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The budgetary ceilings for 2011 referred to in Article 51(2) of Regulation (EC) No 73/2009 are set out in Annex I to this Regulation.
   2.   The budgetary ceilings for 2011 referred to in Article 87(3) of Regulation (EC) No 73/2009 are set out in Annex II to this Regulation.
   3.   The budgetary ceilings for 2011 referred to in Articles 69(3) and 131(4) of Regulation (EC) No 73/2009 are set out in Annex III to this Regulation.
   4.   The budgetary ceilings for 2011 for the support provided for in points (i), (ii), (iii) and (iv) of Article 68(1)(a) and in Article 68(1)(b) and (e) of Regulation (EC) No 73/2009 are set out in Annex IV to this Regulation.
   5.   The amounts that can be used by the Member States in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009 to cover the specific support provided for in Article 68(1) of the same Regulation are set out in Annex V to this Regulation.
   6.   The budgetary ceilings for 2011 for the single payment scheme referred to in Title III of Regulation (EC) No 73/2009 are set out in Annex VI to this Regulation.
   7.   The annual financial envelopes for 2011 referred to in Article 123(1) of Regulation (EC) No 73/2009 are set out in Annex VII to this Regulation.
   8.   The maximum amounts of funding available to the Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia for granting the separate sugar payment in 2011, as referred to in Article 126 of Regulation (EC) No 73/2009, are set out in Annex VIII to this Regulation.
   9.   The maximum amounts of funding available to the Czech Republic, Hungary, Poland and Slovakia for granting the separate fruit and vegetables payment in 2011, as referred to in Article 127 of Regulation (EC) No 73/2009, are set out in Annex IX to this Regulation.
   10.   The budgetary ceilings for 2011 referred to in the second subparagraph of Article 128(1) and (2) of Regulation (EC) No 73/2009 are set out in Annex X to this Regulation.
   Article 2
   This Regulation shall enter into force on the seventh 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, 14 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

      (2)  OJ L 316, 2.12.2009, p. 1.

      ANNEX I

         Budgetary ceilings for direct payments to be granted in accordance with Articles 52, 53 and 54 of Regulation (EC) No 73/2009

         2011 calendar year

                  (thousand EUR)

                  BE

                  DK

                  ES

                  FR

                  IT

                  AT

                  PT

                  SI

                  FI

                  SE

                  Sheep and goat premium

                  855

                  21 892

                  600

                  Sheep and goat supplementary premium

                  7 184

                  200

                  Suckler cow premium

                  77 565

                  261 153

                  525 622

                  70 578

                  78 695

                  Additional suckler cow premium

                  19 389

                  26 000

                  99

                  9 462

                  Special beef premium

                  33 085

                  10 077

                  37 446

                  Slaughter premium, adults

                  47 175

                  8 657

                  Slaughter premium, calves

                  6 384

                  560

                  946

                  Tomatoes – Article 54(1)

                  4 017

                  16 667

                  Fruit and vegetables. other than tomatoes – Article 54(2)

                  33 025

                  850

      ANNEX II

         Budgetary ceilings for direct payments to be granted in accordance with Article 87 of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Spain

                  France

                  Italy

                  Netherlands

                  Portugal

                  Finland

                              –

                              Aid for seeds

                  10 347

                  2 310

                  13 321

                  726

                  272

                  1 150

      ANNEX III

         Budgetary ceilings for the specific support provided for in Article 68(1) of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Belgium

                  6 389

                  Bulgaria

                  19 326

                  Czech Republic

                  31 826

                  Denmark

                  15 800

                  Germany

                  2 000

                  Estonia

                  1 253

                  Ireland

                  25 000

                  Greece

                  108 000

                  Spain

                  247 865

                  France

                  456 600

                  Italy

                  316 950

                  Latvia

                  5 130

                  Lithuania

                  9 503

                  Hungary

                  77 290

                  Netherlands

                  21 965

                  Austria

                  11 900

                  Poland

                  40 800

                  Portugal

                  32 411

                  Romania

                  25 545

                  Slovenia

                  11 699

                  Slovakia

                  11 000

                  Finland

                  47 555

                  Sweden

                  3 434

                  United Kingdom

                  29 800

                                 Note:

                              Amounts notified by the Member States to grant the support referred to in point (c) of Article 68(1) which are included in the single payment scheme ceiling.

                        Greece: 30 000 thousand EUR
                  Slovenia: 4 800 thousand EUR

      ANNEX IV

         Budgetary ceilings for the support provided for in points (i), (ii), (iii) and (iv) of Article 68(1)(a) and in Article 68(1)(b) and (e) of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Belgium

                  6 389

                  Bulgaria

                  19 326

                  Czech Republic

                  31 826

                  Denmark

                  4 300

                  Germany

                  2 000

                  Estonia

                  1 253

                  Ireland

                  25 000

                  Greece

                  78 000

                  Spain

                  178 265

                  France

                  272 600

                  Italy

                  147 950

                  Latvia

                  5 130

                  Lithuania

                  9 503

                  Hungary

                  46 164

                  Netherlands

                  14 000

                  Austria

                  11 900

                  Poland

                  40 800

                  Portugal

                  19 510

                  Romania

                  25 545

                  Slovenia

                  6 899

                  Slovakia

                  11 000

                  Finland

                  47 555

                  Sweden

                  3 434

                  United Kingdom

                  29 800

      ANNEX V

         Amounts to be used by the Member States in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009 to cover the specific support provided for in Article 68(1) of that Regulation

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Belgium

                  6 389

                  Denmark

                  15 800

                  Ireland

                  23 900

                  Greece

                  70 000

                  Spain

                  144 200

                  France

                  74 000

                  Italy

                  144 900

                  Netherlands

                  21 965

                  Austria

                  11 900

                  Portugal

                  21 700

                  Slovenia

                  4 800

                  Finland

                  4 762

      ANNEX VI

         Budgetary ceilings for the single payment scheme

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Belgium

                  508 479

                  Denmark

                  997 381

                  Germany

                  5 769 994

                  Ireland

                  1 339 421

                  Greece

                  2 223 798

                  Spain

                  4 676 132

                  France

                  7 477 752

                  Italy

                  4 048 143

                  Luxembourg

                  37 679

                  Malta

                  4 726

                  Netherlands

                  852 443

                  Austria

                  676 748

                  Portugal

                  435 505

                  Slovenia

                  105 247

                  Finland

                  521 080

                  Sweden

                  724 349

                  United Kingdom

                  3 946 682

      ANNEX VII

         Annual financial envelopes for the single area payment scheme

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Bulgaria

                  400 035

                  Czech Republic

                  667 365

                  Estonia

                  80 656

                  Cyprus

                  40 902

                  Latvia

                  111 260

                  Lithuania

                  289 729

                  Hungary

                  958 593

                  Poland

                  2 280 455

                  Romania

                  877 278

                  Slovakia

                  292 357

      ANNEX VIII

         Maximum amounts of funding available to Member States for granting the separate sugar payments referred to in Article 126 of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Czech Republic

                  44 245

                  Latvia

                  3 308

                  Lithuania

                  10 260

                  Hungary

                  41 010

                  Poland

                  159 392

                  Romania

                  5 051

                  Slovakia

                  19 289

      ANNEX IX

         Maximum amounts of funding available to Member States for granting the separate fruit and vegetables payments referred to in Article 127 of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Czech Republic

                  414

                  Hungary

                  4 756

                  Poland

                  6 715

                  Slovakia

                  690

      ANNEX X

         Budgetary ceilings for the transitional payments in the fruit and vegetable sector referred to in Article 128 of Regulation (EC) No 73/2009

         2011 Calendar year

                  (thousand EUR)

                  Member State

                  Cyprus

                  Romania

                  Slovakia

                  Tomatoes – Article 128(1)

                  869

                  335

                  Fruit and vegetables other than tomatoes – Article 128(2)

                  3 359


title: Commission Implementing Regulation (EU) No 921/2011 of 14 September 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

text:
               15.9.2011

               EN

               Official Journal of the European Union

               L 238/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 921/2011
   of 14 September 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
   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 Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 916/2011 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 15 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 September 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 259, 1.10.2010, p. 3.

      (4)  OJ L 237, 14.9.2011, p. 19.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 15 September 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  50,94

                  0,00

                  1701 11 90 (1)

                  50,94

                  0,00

                  1701 12 10 (1)

                  50,94

                  0,00

                  1701 12 90 (1)

                  50,94

                  0,00

                  1701 91 00 (2)

                  54,80

                  1,03

                  1701 99 10 (2)

                  54,80

                  0,00

                  1701 99 90 (2)

                  54,80

                  0,00

                  1702 90 95 (3)

                  0,55

                  0,19

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) No 1008/2012 of 30 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               31.10.2012

               EN

               Official Journal of the European Union

               L 302/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 1008/2012
   of 30 October 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 October 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  37,9

                  MA

                  46,9

                  MK

                  30,0

                  ZZ

                  38,3

                  0707 00 05

                  AL

                  35,9

                  MK

                  32,3

                  TR

                  125,7

                  ZZ

                  64,6

                  0709 93 10

                  TR

                  116,3

                  ZZ

                  116,3

                  0805 50 10

                  AR

                  58,9

                  CL

                  75,4

                  TR

                  78,6

                  UY

                  57,1

                  ZA

                  92,0

                  ZZ

                  72,4

                  0806 10 10

                  BR

                  264,2

                  LB

                  333,4

                  MK

                  87,0

                  TR

                  169,6

                  US

                  225,7

                  ZZ

                  216,0

                  0808 10 80

                  CL

                  148,8

                  CN

                  97,0

                  MK

                  34,4

                  NZ

                  104,5

                  US

                  118,8

                  ZA

                  133,9

                  ZZ

                  106,2

                  0808 30 90

                  CN

                  67,7

                  TR

                  113,5

                  ZZ

                  90,6

         (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’.