title: Commission Implementing Regulation (EU) 2016/1753 of 30 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               1.10.2016

               EN

               Official Journal of the European Union

               L 268/80

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1753
   of 30 September 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, 30 September 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

                  173,3

                  ZZ

                  173,3

                  0707 00 05

                  TR

                  128,9

                  ZZ

                  128,9

                  0709 93 10

                  TR

                  135,5

                  ZZ

                  135,5

                  0805 50 10

                  AR

                  94,1

                  CL

                  118,2

                  TR

                  85,3

                  UY

                  93,3

                  ZA

                  103,0

                  ZZ

                  98,8

                  0806 10 10

                  EG

                  264,7

                  TR

                  124,2

                  US

                  194,0

                  ZZ

                  194,3

                  0808 10 80

                  AR

                  110,6

                  BR

                  97,9

                  CL

                  122,7

                  NZ

                  133,6

                  ZA

                  115,9

                  ZZ

                  116,1

                  0808 30 90

                  CL

                  126,9

                  TR

                  132,1

                  ZA

                  155,4

                  ZZ

                  138,1

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


title: Commission Implementing Regulation (EU) 2016/223 of 17 February 2016 establishing a procedure for assessing certain market economy treatment and individual treatment claims made by exporting producers from China and Vietnam, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14

text:
               18.2.2016

               EN

               Official Journal of the European Union

               L 41/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/223
   of 17 February 2016
   establishing a procedure for assessing certain market economy treatment and individual treatment claims made by exporting producers from China and Vietnam, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union (‘TFEU’), and in particular to Article 266 thereof,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 14 thereof,
   Whereas:
   A.   PROCEDURE

               (1)

               On 23 March 2006, the Commission adopted Commission Regulation (EC) No 553/2006 imposing provisional anti-dumping measures on imports of certain footwear with uppers of leather (‘footwear’) originating in the People's Republic of China (‘PRC’) and Vietnam (‘the provisional Regulation’) (2).

               (2)

               By Council Regulation (EC) No 1472/2006 (3), the Council imposed definitive anti-dumping duties ranging from 9,7 % to 16,5 % on imports of certain footwear with uppers of leather, originating in Vietnam and in the PRC for two years (‘Council Regulation (EC) No 1472/2006’ or ‘the contested Regulation’).

               (3)

               By Regulation (EC) No 388/2008 (4) the Council extended the definitive anti-dumping measures on imports of certain footwear with upper leather originating in the PRC to imports consigned from the Macao Special Administrative Region (‘SAR’), whether declared as originating in the Macao SAR or not.

               (4)

               Further to an expiry review initiated on 3 October 2008 (5), the Council further extended the anti-dumping measures for 15 months by Implementing Regulation (EU) No 1294/2009 (6), namely until 31 March 2011, when the measures expired (‘Implementing Regulation (EU) No 1294/2009’).

               (5)

               Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan) Ltd, Lung Pao Footwear (Guangzhou) Ltd and Risen Footwear (HK) Co Ltd as well as Zhejiang Aokang Shoes Co. Ltd (‘the applicants’) challenged the contested Regulation in the Court of First Instance (now: the General Court). By judgements of 4 March 2010 in Case T-401/06 Brosmann Footwear (HK) and Others v Council [2010] ECR II-671 and of 4 March 2010 in Joined Cases T-407/06 and T-408/06 Zhejiang Aokang Shoes and Wenzhou Taima Shoes v Council [2010] ECR II-747 (‘the judgments of the General Court’), the General Court rejected those challenges.

               (6)

               The applicants appealed those judgements. In its judgments of 2 February 2012 in case C-249/10 P Brosmann et al and of 15 November 2012 in case C-247/10P Zhejiang Aokang Shoes Co. Ltd, the Court of Justice set aside the judgments of the General Court. It held that the General Court erred in law in so far as it held that the Commission was not required to examine requests for market economy treatment (‘MET’) under Article 2(7)(b) and (c) of the basic Regulation from non-sampled traders (paragraph 36 of the judgement in Case C-249/10 P and paragraph 29 and 32 of the judgement in Case C-247/10 P).

               (7)

               The Court of Justice then gave judgement itself in the matter. It held: ‘[…] the Commission ought to have examined the substantiated claims submitted to it by the appellants pursuant to Article 2(7)(b) and (c) of the basic regulation for the purpose of claiming MET in the context of the anti-dumping proceeding [which is] the subject of the contested regulation. It must next be found that it cannot be ruled out that such an examination would have led to a definitive anti-dumping duty being imposed on the appellants other than the 16,5 % duty applicable to them pursuant to Article 1(3) of the contested regulation. It is apparent from that provision that a definitive anti-dumping duty of 9,7 % was imposed on the only Chinese trader in the sample which obtained MET. As is apparent from paragraph 38 above, had the Commission found that the market economy conditions prevailed also for the appellants, they ought, when the calculation of an individual dumping margin was not possible, also to have benefited from the same rate’ (paragraph 42 of the judgement in Case C-249/10 P and paragraph 36 of the judgement in Case C-247/10 P).

               (8)

               As a consequence, it annulled the contested Regulation, in so far as it relates to the applicants concerned.

               (9)

               In October 2013, the Commission by means of notice published in the Official Journal of the European Union
                   (7) announced that it had decided to resume the anti-dumping proceeding at the very point at which the illegality occurred and to examine whether market economy conditions prevailed for the applicants for the period from 1 April 2004 to 31 March 2005 and invited interested parties to come forward and make themselves known.

               (10)

               In March 2014, the Council, by Council Implementing Decision 2014/149/EU (8), rejected a Commission proposal to adopt a Council Implementing Regulation re-imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on certain footwear with uppers of leather originating in the People's Republic of China and produced by Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan) Ltd, Lung Pao Footwear (Guangzhou) Ltd, Risen Footwear (HK) Co Ltd and Zhejiang Aokang Shoes Co. Ltd and terminated the proceedings with regard to these producers. The Council took the view that importers having bought shoes from those exporting producers, to whom the relevant customs duties had been reimbursed by the competent national authorities on the basis of Article 236 of Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code (9) (‘the Community Customs Code’), had acquired legitimate expectations on the basis of Article 1(4) of the contested Regulation, which had rendered the provisions of the Community Customs Code, and in particular its Article 221, applicable to the collection of the duties, which would be put into question by the adoption of the Commission proposal.

               (11)

               Two importers of the product concerned, C&J Clark International Ltd. and Puma SE challenged the anti-dumping measures on imports of certain footwear from China and Vietnam invoking the jurisprudence mentioned in recitals (5) to (7) before their national Courts, which referred the matters to the Court of Justice for a preliminary ruling.

               (12)

               In the joined Cases C-659/13 C & J Clark International Limited and C-34/14 Puma SE, the Court of Justice declared Council Regulations (EC) No 1472/2006 and Implementing Regulation (EU) No 1294/2009 invalid in so far as the European Commission did not examine the MET and individual treatment (‘IT’) claims submitted by exporting producers in the PRC and Vietnam that were not sampled, contrary to the requirements laid down in Articles 2(7)(b) and 9(5) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (10) (‘the judgments’).

               (13)

               Article 266 TFEU provides that the Institutions must take the necessary measures to comply with the Court's judgments. In case of annulment of an act adopted by the Institutions in the context of an administrative procedure, such as anti-dumping, compliance with the Court's judgement consists in the replacement of the annulled act by a new act, in which the illegality identified by the Court is eliminated (‘Asteris judgment’) (11).

               (14)

               According to the case-law of the Court, the procedure for replacing the annulled act may be resumed at the very point at which the illegality occurred (12). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the anti-dumping procedure. In a situation where a Regulation imposing definitive anti-dumping measures is annulled, that means that subsequent to the annulment, the anti-dumping proceeding is still open, because the act concluding the anti-dumping proceeding has disappeared from the Union legal order (13), except if the illegality occurred at the stage of initiation.

               (15)

               Apart from the fact that the Institutions did not examine the MET and IT claims submitted by exporting producers in the PRC and Vietnam that were not sampled, all other findings made in Regulation (EC) No 1472/2006 and Implementing Regulation (EU) No 1294/2009 remain valid.

               (16)

               In this case, the illegality occurred after initiation. Hence, the Commission decided to resume this anti-dumping proceeding that was still open at the very point at which the illegality occurred and to examine whether market economy conditions prevailed for the exporting producers concerned for the period from 1 April 2004 to 31 March 2005.

               (17)

               For imports of C&J Clark International Ltd. and Puma SE, the Commission will assess all MET and IT claims submitted.

               (18)

               It is appropriate to order the national customs authorities, on the basis of Article 14 of the basic Regulation, not to reimburse those duties in the meantime. The Commission will make that assessment within eight months from the date of the judgment.

               (19)

               For imports of other importers that did not have standing themselves to bring an action for annulment, and which hence can rely on the judgment in their applications for re-imbursement of anti-dumping duties pursuant to Article 236 Community Customs Code, the Commission will, for the sake of efficient use of resources, only assess MET and IT claims of those exporting producers which are concerned by re-imbursement claims that have been filed with national customs authorities in due time and form. The Commission notes that according to Article 236(2) of the Community Customs Code Import duties or export duties shall be repaid or remitted upon submission of an application to the appropriate customs office within a period of three years from the date on which the amount of those duties was communicated to the debtor. The Commission also notes that the invalidation of a regulation imposing anti-dumping duties does not constitute unforeseeable circumstances within the meaning of that provision, allowing an extension of the three-year time-limit during which an importer can request the repayment of import duties paid pursuant to that regulation.

         B.   IMPLEMENTATION OF THE JUDGMENTS OF THE COURT OF JUSTICE IN JOINED CASES C-659/13 AND C-34/14

               (20)

               If an act of the Institutions has been declared invalid by a preliminary ruling of the Court of Justice, such judgment has erga omnes effects (14), namely. it is not limited to the applicant before the national court which then raises the question to the Court of Justice. In such a situation, the Commission is thus obliged to implement the judgement with regard to all the parties affected by the illegality which led to the annulment of the measure.

               (21)

               The Commission has the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the parts of the assessment which are not affected by the judgment (15).

               (22)

               In order to ensure an efficient use of resources, the Commission refrains from investigating all the MET and IT claims made by non-sampled Chinese and Vietnamese exporting producers during the investigation which led to the adoption of the contested Regulation. Instead, it considers it appropriate to oblige national customs authorities, which have to decide on an application for re-imbursement of anti-dumping duties on the basis of Article 236 of the Community Customs Code (16), to forward the request for re-imbursement to the Commission and to await the Commission's assessment of the MET and IT claim and, where appropriate, the re-imposition of the antidumping duty at the appropriate rate, before proceeding with re-imbursement. The legal basis for such an obligation is Article 14 basic Regulation, which provides that the Regulation imposing duties shall specify the detailed modalities of its collection by Member States.

               (23)

               The Commission will then verify whether the exporting producer whose exports were subject to the repayment claim had indeed requested the MET or IT assessment and if yes, whether such an exporting producer should be granted MET or IT or not.

               (24)

               The Commission will adopt Regulations establishing the assessment and re-imposing, where appropriate, the applicable duty rate. Those newly established rates will take effect as from the date on which the annulled regulation entered into force.

               (25)

               Therefore, the national customs authorities are obliged to await the outcome of such investigation before deciding on any repayment claim.

               (26)

               The Commission will strive to respect the delay provided for in the basic Regulation for assessing MET and IT, that is eight months from receiving the information from national customs authorities, in order to avoid any undue delays.

         C.   CONCLUSIONS

               (27)

               The analysis of MET and IT claims of exporting producers that have sold to Puma SE and C&J Clark International Ltd should be carried out within eight months from the date of the judgment.

               (28)

               As regards the anti-dumping duty imposed on other Chinese and Vietnamese exporting producers (apart from those subject to Council Implementing Decision 2014/149/EU and those referred to in the first sentence hereof) the national customs authorities before which claims for repayment or remission of anti-dumping duties paid in respect of exports of these other exporting producers were made should contact the Commission, so that it can assess the MET and IT claims and re-impose, where appropriate, the anti-dumping duties.

         D.   COMMITTEE

               (29)

               The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   National customs authorities, which have received a request for re-imbursement, based on Article 236 of the Community Customs Code, of anti-dumping duties imposed by Regulation (EC) No 1472/2006 or Implementing Regulation (EU) No 1294/2009 and collected by national customs authorities, which is based on the fact that a non-sampled exporting producer had requested MET or IT, shall forward that request and any supporting documents to the Commission.
   2.   Within eight months of the receipt of the request and any supporting documents, the Commission shall verify whether the exporting producer had indeed lodged an MET and IT claim.,If so, the Commission shall assess that claim and re-impose the appropriate duty by means of a Commission Implementing Regulation, after disclosure pursuant to Article 20 of the basic Regulation.
   3.   The national customs authorities shall await the publication of the relevant Commission Implementing Regulation re-imposing the duties before deciding on the claim for repayment and remission of anti-dumping duties.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 February 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

      (2)  OJ L 98, 6.4.2006, p. 3.

      (3)  Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with upper leather originating in the People's Republic of China and Vietnam (OJ L 275, 6.10.2006, p. 1).

      (4)  Council Regulation (EC) No 388/2008 of 29 April 2008 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1472/2006 on imports of certain footwear with uppers of leather originating in the People's Republic of China to imports of the same product consigned from the Macao SAR, whether declared as originating in the Macao SAR or not (OJ L 117, 1.5.2008, p. 1).

      (5)  OJ C 251, 3.10.2008, p. 21.

      (6)  Council Implementing Regulation (EU) No 1294/2009 of 22 December 2009 imposing a definitive anti-dumping duty on imports of certain footwear with uppers of leather originating in Vietnam and originating in the People's Republic of China, as extended to imports of certain footwear with uppers of leather consigned from the Macao SAR, whether declared as originating in the Macao SAR or not, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 (OJ L 352, 30.12.2009, p. 1).

      (7)  OJ C 295, 11.10.2013, p. 6.

      (8)  Council Implementing Decision 2014/149/EU of 18 March 2014 rejecting the proposal for an Implementing Regulation reimposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on certain footwear with uppers of leather originating in the People's Republic of China and produced by Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan) Ltd, Lung Pao Footwear (Guangzhou) Ltd, Risen Footwear (HK) Co Ltd and Zhejiang Aokang Shoes Co. Ltd (OJ L 82, 20.3.2014, p. 27).

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

      (10)  OJ L 56, 6.3.1996, p. 1.

      (11)  Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28.

      (12)  Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.

      (13)  Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85.

      (14)  Case 66/80 International Chemical Corporation [1981] 1191, paragraph 18.

      (15)  Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraph 80 to 85.

      (16)  Or, as of 1 May 2016, on the basis of the relevant provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union customs code (OJ L 269, 10.10.2013, p. 1).


title: Commission Implementing Regulation (EU) No 850/2013 of 23 August 2013 entering a name in the register of protected designations of origin and protected geographical indications (Pastel de Tentúgal (PGI))

text:
               4.9.2013

               EN

               Official Journal of the European Union

               L 235/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 850/2013
   of 23 August 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Pastel de Tentúgal (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

               (2)

               Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Portugal’s application to register the name ‘Pastel de Tentúgal’ was published in the Official Journal of the European Union
                   (3).

               (3)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name ‘Pastel de Tentúgal’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission, On behalf of the President,
         Connie HEDEGAARD

            Member of the Commission

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ C 302, 6.10.2012, p. 31.

      ANNEX
      Foodstuffs listed in Annex I to Regulation (EU) No 1151/2012:

         Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

      PORTUGAL
      Pastel de Tentúgal (PGI)


title: Commission Implementing Regulation (EU) No 898/2012 of 1 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.10.2012

               EN

               Official Journal of the European Union

               L 266/32

         COMMISSION IMPLEMENTING REGULATION (EU) No 898/2012
   of 1 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, 1 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

                  MK

                  59,9

                  XS

                  50,7

                  ZZ

                  55,3

                  0707 00 05

                  MK

                  27,7

                  TR

                  126,8

                  ZZ

                  77,3

                  0709 93 10

                  TR

                  114,4

                  ZZ

                  114,4

                  0805 50 10

                  AR

                  94,5

                  CL

                  108,8

                  TR

                  72,2

                  UY

                  67,8

                  ZA

                  96,1

                  ZZ

                  87,9

                  0806 10 10

                  MK

                  35,9

                  TR

                  120,7

                  ZZ

                  78,3

                  0808 10 80

                  BR

                  89,7

                  CL

                  180,3

                  NZ

                  139,2

                  US

                  145,3

                  ZA

                  110,7

                  ZZ

                  133,0

                  0808 30 90

                  AR

                  193,5

                  CN

                  64,0

                  TR

                  112,6

                  ZZ

                  123,4

         (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 816/2011 of 12 August 2011 fixing the import duties in the cereals sector applicable from 16 August 2011

text:
               13.8.2011

               EN

               Official Journal of the European Union

               L 208/84

         COMMISSION IMPLEMENTING REGULATION (EU) No 816/2011
   of 12 August 2011
   fixing the import duties in the cereals sector applicable from 16 August 2011
   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 (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Pursuant to Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 16 August 2011 and should apply until new import duties are fixed and enter into force,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 16 August 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on 16 August 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 August 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 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 August 2011

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 10 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  1001 90 91

                  Common wheat seed

                  0,00

                  ex 1001 90 99

                  High quality common wheat, other than for sowing

                  0,00

                  1002 00 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed, other than hybrid

                  0,00

                  1005 90 00

                  Maize, other than seed (2)

                  0,00

                  1007 00 90

                  Grain sorghum, other than hybrids for sowing

                  0,00

         (1)  For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

                  —

                  2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula.

         (2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      29.7.2011-11.8.2011

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              229,02

                              190,87

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              343,36

                              333,36

                              313,36

                              Gulf of Mexico premium

                              —

                              20,20

                              —

                              —

                              —

                              Great Lakes premium

                              38,89

                              —

                              —

                              —

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico–Rotterdam:

                              18,08 EUR/t

                              Freight costs: Great Lakes–Rotterdam:

                              48,97 EUR/t

         (1)  Premium of 14 EUR/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

         (2)  Discount of 10 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of 30 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) No 22/2012 of 11 January 2012 entering a name in the register of protected designations of origin and protected geographical indications [Fasola Wrzawska (PDO)]

text:
               13.1.2012

               EN

               Official Journal of the European Union

               L 9/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 22/2012
   of 11 January 2012
   entering a name in the register of protected designations of origin and protected geographical indications [Fasola Wrzawska (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Poland’s application to register the name ‘Fasola Wrzawska’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 January 2012.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 129, 30.4.2011, p. 19.

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

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

      POLAND
      Fasola Wrzawska (PDO)


title: Commission Implementing Regulation (EU) 2017/842 of 17 May 2017 renewing the approval of the low-risk active substance Coniothyrium minitans strain CON/M/91-08 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
               18.5.2017

               EN

               Official Journal of the European Union

               L 125/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/842
   of 17 May 2017
   renewing the approval of the low-risk active substance Coniothyrium minitans strain CON/M/91-08 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 22(1) in conjunction with Article 20(1) thereof,
   Whereas:

               (1)

               Commission Directive 2003/79/EC (2) included Coniothyrium minitans strain CON/M/91-08 as an active substance in Annex I to Council Directive 91/414/EEC (3).

               (2)

               Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

               (3)

               The approval of the active substance Coniothyrium minitans strain CON/M/91-08, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 October 2017.

               (4)

               An application for the renewal of the approval of Coniothyrium minitans strain CON/M/91-08 was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

               (5)

               The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

               (6)

               The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 29 May 2015.

               (7)

               The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

               (8)

               On 8 June 2016 the Authority communicated to the Commission its conclusion (6) on whether Coniothyrium minitans strain CON/M/91-08 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for Coniothyrium minitans strain CON/M/91-08 to the Standing Committee on Plants, Animals, Food and Feed on 6 December 2016.

               (9)

               The applicant was given the possibility to submit comments on the renewal report.

               (10)

               It has been established with respect to one or more representative uses of at least one plant protection product containing Coniothyrium minitans strain CON/M/91-08 that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate to renew the approval of Coniothyrium minitans strain CON/M/91-08.

               (11)

               The risk assessment for the renewal of the approval of Coniothyrium minitans strain CON/M/91-08 is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing Coniothyrium minitans strain CON/M/91-08 may be authorised. It is therefore appropriate not to maintain the restriction to use only as a fungicide.

               (12)

               The Commission further considers that Coniothyrium minitans strain CON/M/91-08 is a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Coniothyrium minitans strain CON/M/91-08 is not a substance of concern and fulfils the conditions set in point 5 of Annex II to Regulation (EC) No 1107/2009. Coniothyrium minitans strain CON/M/91-08 is a wild-type strain naturally occurring in the environment. It is not pathogenic to humans or animals. The additional exposure of humans, animals and the environment by the uses approved under Regulation (EC) No 1107/2009 is expected to be negligible compared to exposure expected through realistic natural situations.

               (13)

               It is therefore appropriate to renew the approval of Coniothyrium minitans strain CON/M/91-08 as a low-risk substance. In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

               (14)

               In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.

               (15)

               In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

               (16)

               Commission Implementing Regulation (EU) 2016/950 (7) extended the approval period of Coniothyrium minitans strain CON/M/91-08 to 31 October 2017 in order to allow the renewal process to be completed before the expiry date of the approval of that substance. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation shall apply from 1 August 2017.

               (17)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Renewal of the approval of active substance
   The approval of the active substance Coniothyrium minitans strain CON/M/91-08, as specified in Annex I, is renewed subject to the conditions laid down in that Annex.
   Article 2
   Amendments to Implementing Regulation (EU) No 540/2011
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 3
   Entry into force and date of application
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 August 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 May 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 309, 24.11.2009, p. 1.

      (2)  Commission Directive 2003/79/EC of 13 August 2003 amending Council Directive 91/414/EEC to include Coniothyrium minitans as active substance (OJ L 205, 14.8.2003, p. 16).

      (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

      (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

      (6)  EFSA Journal 2016;14(7):4517, 16 pp. Available online: www.efsa.europa.eu

      (7)  Commission Implementing Regulation (EU) 2016/950 of 15 June 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2,4-DB, beta-cyfluthrin, carfentrazone ethyl, Coniothyrium minitans Strain CON/M/91-08 (DSM 9660), cyazofamid, deltamethrin, dimethenamid-P, ethofumesate, fenamidone, flufenacet, flurtamone, foramsulfuron, fosthiazate, imazamox, iodosulfuron, iprodione, isoxaflutole, linuron, maleic hydrazide, mesotrione, oxasulfuron, pendimethalin, picoxystrobin, silthiofam and trifloxystrobin (OJ L 159, 16.6.2016, p. 3).

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Expiration of approval

                  Specific provisions

                     Coniothyrium minitans strain CON/M/91-08
                  Accession number in the culture collection of the ‘Deutsche Sammlung von Mikroorganismen’ (DSM), Germany: DSM 9660
                  CIPAC No 614

                  Not applicable

                  Minimum content of viable spores:
                  1 × 1012 CFU/kg

                  1 August 2017

                  31 July 2032

                  For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on Coniothyrium minitans strain CON/M/91-08, and in particular Appendices I and II thereof, shall be taken into account.
                  In this overall assessment Member States shall pay particular attention to:

                              —

                              the protection of operators and workers, taking into account that microorganisms are considered as potential sensitizers.

                        Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.
                  Conditions of use shall include risk mitigation measures, where appropriate.

         (1)  Further details on identity and specification of active substance are provided in the review report.

      ANNEX II
      The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                  (1)

                  in Part A, entry 71 on Coniothyrium minitans strain CON/M/91-08 is deleted;

                  (2)

                  in Part D, the following entry is added:

                              Number

                              Common Name, Identification Numbers

                              IUPAC Name

                              Purity (1)

                              Date of approval

                              Expiration of approval

                              Specific provisions

                              ‘11

                                 Coniothyrium minitans strain CON/M/91-08
                              Accession number in the culture collection of the ‘Deutsche Sammlung von Mikroorganismen’ (DSM), Germany: DSM 9660
                              CIPAC No 614

                              Not applicable

                              Minimum content of viable spores:
                              1 × 1012 CFU/kg

                              1 August 2017

                              31 July 2032

                              For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on Coniothyrium minitans strain CON/M/91-08, and in particular Appendices I and II thereof, shall be taken into account.
                              In this overall assessment Member States shall pay particular attention to:

                                          —

                                          the protection of operators and workers, taking into account that microorganisms are considered as potential sensitizers.

                                    Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.
                              Conditions of use shall include risk mitigation measures, where appropriate.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


title: Commission Implementing Regulation (EU) No 538/2012 of 22 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.6.2012

               EN

               Official Journal of the European Union

               L 164/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 538/2012
   of 22 June 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, 22 June 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

                  TR

                  62,0

                  ZZ

                  62,0

                  0707 00 05

                  MK

                  18,0

                  TR

                  95,4

                  ZZ

                  56,7

                  0709 93 10

                  TR

                  96,2

                  ZZ

                  96,2

                  0805 50 10

                  AR

                  76,9

                  TR

                  91,2

                  UY

                  109,5

                  ZA

                  99,0

                  ZZ

                  94,2

                  0808 10 80

                  AR

                  123,9

                  BR

                  89,7

                  CH

                  68,9

                  CL

                  103,4

                  NZ

                  118,6

                  US

                  144,7

                  UY

                  61,6

                  ZA

                  96,6

                  ZZ

                  100,9

                  0809 10 00

                  TR

                  205,7

                  ZZ

                  205,7

                  0809 29 00

                  TR

                  339,4

                  ZZ

                  339,4

         (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 916/2013 of 23 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.9.2013

               EN

               Official Journal of the European Union

               L 252/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 916/2013
   of 23 September 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

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

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  47,7

                  XS

                  41,5

                  ZZ

                  44,6

                  0707 00 05

                  MK

                  46,1

                  TR

                  116,3

                  ZZ

                  81,2

                  0709 93 10

                  TR

                  129,4

                  ZZ

                  129,4

                  0805 50 10

                  AR

                  105,4

                  CL

                  117,5

                  IL

                  142,1

                  TR

                  117,7

                  UY

                  111,2

                  ZA

                  125,5

                  ZZ

                  119,9

                  0806 10 10

                  EG

                  187,8

                  TR

                  152,2

                  ZZ

                  170,0

                  0808 10 80

                  AR

                  100,9

                  BA

                  105,9

                  BR

                  78,8

                  CL

                  115,2

                  CN

                  71,1

                  NZ

                  128,0

                  US

                  144,9

                  ZA

                  117,3

                  ZZ

                  107,8

                  0808 30 90

                  CN

                  80,2

                  TR

                  132,2

                  ZA

                  108,3

                  ZZ

                  106,9

                  0809 30

                  TR

                  130,2

                  ZZ

                  130,2

                  0809 40 05

                  BA

                  32,6

                  XS

                  46,6

                  ZZ

                  39,6

         (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) 2017/1112 of 22 June 2017 amending Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty

text:
               23.6.2017

               EN

               Official Journal of the European Union

               L 162/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1112
   of 22 June 2017
   amending Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (1), and in particular Article 27(4) thereof,
   Whereas:

               (1)

               Pursuant to Article 27(1)(a) of Directive 92/83/EEC, Member States are required to exempt from excise duty alcohol which has been completely denatured in accordance with the requirements of any Member State, provided that those requirements have been duly notified and accepted in accordance with the conditions laid down in paragraphs 3 and 4 of that Article.

               (2)

               Denaturants which are employed in each Member State for the purposes of the complete denaturing of alcohol as referred to in Article 27(1)(a) of Directive 92/83/EEC are described in the Annex to Commission Regulation (EC) No 3199/93 (2).

               (3)

               Commission Implementing Regulation (EU) 2016/1867 (3) amended Regulation (EC) No 3199/93 by introducing a single common procedure for the complete denaturing of alcohol. That common procedure involved the use, per hectolitre of absolute ethanol, of one litre of isopropyl alcohol (IPA), one litre of methyl ethyl ketone (MEK) and one gram of denatonium benzoate. It was also intended to replace all of the various national denaturing procedures, in order to prevent evasion, avoidance and abuse.

               (4)

               The procedure followed in adopting Implementing Regulation (EU) 2016/1867 was not in accordance with Article 27(3) and (4) of Directive 92/83/EEC. This Implementing Regulation should therefore be repealed.

               (5)

               On or before 15 March 2017 certain Member States communicated to the Commission the denaturants for the complete denaturing of alcohol which they intend to employ for the purposes of Article 27(1)(a) from 1 August 2017.

               (6)

               The Commission transmitted the communications received to the other Member States at the latest on 15 March 2017.

               (7)

               One Member State raised an objection as referred to in Article 27(4) of Directive 92/83/EEC on the ground that the procedure for the complete denaturing of alcohol containing one litre of isopropyl alcohol (IPA), one litre of methyl ethyl ketone (MEK) and one gram of denatonium benzoate per hectolitre of absolute ethanol is open to misuse and therefore does not fulfil the requirements of Article 27(1) of Directive 92/83/EEC with regard to preventing any evasion, avoidance or abuse.

               (8)

               In respect of Member States that did not communicate their intention to use new denaturants, the procedures already contained in the Annex to Regulation (EC) No 3199/93 before it was amended by Implementing Regulation (EU) 2016/1867 should continue to apply.

               (9)

               Procedures which are no longer included in the Annex to Regulation (EC) No 3199/93 may be used in a Member State in which they are authorised, for the production of denatured alcohol to be used in the manufacture of any product not for human consumption, pursuant to Article 27(1)(b) of Directive 92/83/EEC.

               (10)

               Regulation (EC) No 3199/93 should therefore be amended accordingly.

               (11)

               In order to avoid any doubt about the applicable provisions in these specific circumstances, Implementing Regulation (EU) 2016/1867 should be explicitly repealed.

               (12)

               For reasons of legal certainty this Regulation should apply from the same date as Implementing Regulation (EU) 2016/1867 and should therefore enter into force as a matter of urgency.

               (13)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EC) No 3199/93 is replaced by the text in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) 2016/1867 is repealed.
   Article 3
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 1 shall apply from 1 August 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 June 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 316, 31.10.1992, p. 21.

      (2)  Commission Regulation (EC) No 3199/93 of 22 November 1993 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty (OJ L 288, 23.11.1993, p. 12).

      (3)  Commission Implementing Regulation (EU) 2016/1867 of 20 October 2016 amending the Annex to Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty (OJ L 286, 21.10.2016, p. 32).

      ANNEX
      ‘
            ANNEX
            List of products with their Chemical Abstracts Service (CAS) registry number authorised for the complete denaturing of alcohol.

                        Acetone

                        CAS: 67-64-1

                        C.I. reactive red 24

                        CAS: 70210-20-7

                        Crystal violet (C.I. No 42555)

                        CAS: 548-62-9

                        Denatonium benzoate

                        CAS: 3734-33-6

                        Ethanol

                        CAS:64-17-5

                        Fluorescein

                        CAS: 2321-07-5

                        Fusel oil

                        CAS: 8013-75-0

                        Gasoline (including unleaded gasoline)

                        CAS: 86290-81-5

                        Isopropyl alcohol

                        CAS: 67-63-0

                        Kerosene

                        CAS: 8008-20-6

                        Lamp oil

                        CAS: 64742-47-8 and 64742-48-9

                        Methanol

                        CAS: 67-56-1

                        Methyl ethyl ketone (2-butanone)

                        CAS: 78-93-3

                        Methyl isobutyl ketone

                        CAS: 108-10-1

                        Methyl isopropyl ketone

                        CAS: 563-80-4

                        Methyl violet

                        CAS: 8004-87-3

                        Methylene blue (52015)

                        CAS: 61-73-4

                        Solvent naphtha

                        CAS: 8030-30-6

                        Spirits of turpentine

                        CAS: 8006-64-2

                        Naphtha (petroleum)

                        CAS: 92045-57-3

                        Tert-butyl alcohol

                        CAS: 75-65-0

                        Thiophene

                        CAS: 110-02-1

                        Thymol blue

                        CAS: 76-61-9

                  The term “absolute ethanol” in this Annex has the same meaning as the term “absolute alcohol” used by the International Union of Pure and Applied Chemistry.
            In all these Member States, any dye may be added to the denatured alcohol to give it a characteristic colour, making it immediately identifiable.
            I.   The common denaturing procedure for completely denatured alcohol employed in Belgium, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland:

            Per hectolitre of absolute ethanol:

                        —

                        1,0 litre isopropyl alcohol,

                        —

                        1,0 litre methyl ethyl ketone,

                        —

                        1,0 gram denatonium benzoate.

                  II.   An increased concentration of the common denaturing procedure for completely denatured alcohol, employed in the following Member States:

                           Bulgaria, Czech Republic, Romania, and the United Kingdom

                        Per hectolitre of absolute ethanol:

                                    —

                                    3,0 litres isopropyl alcohol,

                                    —

                                    3,0 litres methyl ethyl ketone,

                                    —

                                    1,0 gram denatonium benzoate.

                           Croatia

                        Per hectolitre of absolute ethanol:
                        A minimum of:

                                    —

                                    1,0 litre isopropyl alcohol,

                                    —

                                    1,0 litre methyl ethyl ketone,

                                    —

                                    1,0 gram denatonium benzoate.

                           Sweden

                        Per hectolitre of absolute ethanol:

                                    —

                                    1,0 litre isopropyl alcohol,

                                    —

                                    2,0 litres methyl ethyl ketone,

                                    —

                                    1,0 gram denatonium benzoate.

                  III.   Additional denaturing procedures for completely denatured alcohol employed in certain Member States:

            Per hectolitre of absolute ethanol any of the following formulations:

                           Czech Republic

                                    1.

                                    0,4 litre solvent naphtha,
                                    0,2 litre kerosene,
                                    0,1 litre technical petrol.

                                    2.

                                    3,0 litres ethyl tert-butyl ether,
                                    1,0 litre isopropyl alcohol,
                                    1,0 litre unleaded gasoline,
                                    10 milligrams fluorescein.

                           Greece

                        Only low-quality alcohol (heads and tails from distillation), with an alcoholic strength of at least 93 % volume and not exceeding 96 % volume can be denatured.
                        Per hectolitre of hydrated alcohol of 93 % volume, the following substances are added:

                                    —

                                    2,0 litres methanol,

                                    —

                                    1,0 litre spirit of turpentine,

                                    —

                                    0,50 litre lamp oil,

                                    —

                                    0,40 gram methylene blue.

                              At a temperature of 20 °C, the end product will reach, in its unaltered state, 93 % volume.

                           Finland — authorised until 31.12.2018

                        Per hectolitre of absolute ethanol any of the following formulations:

                                    1.

                                    2,0 litres methyl ethyl ketone,
                                    3,0 litres methyl isobutyl ketone.

                                    2.

                                    2,0 litres acetone,
                                    3,0 litres methyl isobutyl ketone.

                  ’


title: Commission Implementing Regulation (EU) No 1270/2012 of 21 December 2012 derogating from Council Regulation (EC) No 73/2009 as regards the deadline for reviewing the decision on specific support for 2012 in Portugal, from Regulation (EC) No 1120/2009 as regards the deadline for notification of such a review and as regards the conditions applicable to specific agricultural activities entailing additional agri-environment benefits and from Regulation (EC) No 1122/2009 as regards the information contained in the aid application

text:
               28.12.2012

               EN

               Official Journal of the European Union

               L 357/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 1270/2012
   of 21 December 2012
   derogating from Council Regulation (EC) No 73/2009 as regards the deadline for reviewing the decision on specific support for 2012 in Portugal, from Regulation (EC) No 1120/2009 as regards the deadline for notification of such a review and as regards the conditions applicable to specific agricultural activities entailing additional agri-environment benefits and from Regulation (EC) No 1122/2009 as regards the information contained in the aid application
   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, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 142 (c), (l) and (r) thereof,
   Whereas:

               (1)

               Portugal has informed the Commission about the aggravation of the situation of farmers in the Portuguese dairy sector in 2012. This aggravation is the consequence of both a continuous increase of feed prices due to the combined effects of adverse climatic conditions affecting some of the most important Union and world suppliers of grains, and of the decrease of prices resulting from the reduction of the internal demand in the context of the economic crisis affecting Portugal. The increase of the feed prices which represent a significant part of the production costs has immediate consequences on the Portuguese dairy sector in particular by squeezing the margins and putting holdings in financial difficulties at the end of the year 2012. This in turn has led to an emergency for the dairy sector, resulting in serious practical and specific problems for farmers of dairy cows that could not have been foreseen at the time when decisions, for the year 2012, for support pursuant to Article 68 of Council Regulation (EC) No 73/2009 could be reviewed in accordance with Article 68(8) of that Regulation.

               (2)

               Portugal wishes to increase the level of support foreseen in the framework of the dairy specific support measure currently implemented under Article 68(1)(b) of Regulation (EC) No 73/2009 in order to help farmers concerned to face this situation in the short term. Accordingly, Portugal has requested to be authorised to revise its decision on the implementation of specific support for 2012 in view of introducing support under Article 68(1)(a)(v) of Regulation (EC) No 73/2009 in substitution to support currently implemented under Article 68(1)(a)(i) of that Regulation. Portugal intends to use the resulting available amounts for increasing the level of support to dairy farmers within the measure implemented under Article 68(1)(b) of Regulation (EC) No 73/2009.

               (3)

               Therefore, and given that a review of the decision on the implementation of specific support for 2012 is no longer possible under Article 68(8) of Regulation (EC) No 73/2009, it is appropriate to derogate from that provision to allow Portugal to amend the scheme implemented for that year.

               (4)

               For the same reasons, it is appropriate to derogate from the deadline laid down in Article 50(3) of Commission Regulation (EC) No 1120/2009 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 notification of such a review to the Commission.

               (5)

               According to Article 44 of Regulation (EC) No 1120/2009, Article 27(4) of Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (3) applies mutatis mutandis to support under Article 68(1)(a)(v) of Regulation (EC) No 73/2009. Article 27(4) of Regulation (EC) No 1974/2006, in conjunction with Annex IV of that Regulation, sets out the criteria for determining the threshold of loss to farming of local breeds indigenous to the area and in danger of being lost to farming.

               (6)

               According to Portugal, there is a decline in the population of the bovine breeds ‘Alentejena’ and ‘Mertolenga’, of the sheep breeds ‘Serra de Estrela’ and ‘Churros’ and of the ‘Serrana’ goat breed due to the increasing trend in crossing or substituting local breeds with exotic breeds, putting them under threat of being lost for farming. Even so, given their great capacity of adaptation to the environment without producing an excessive pressure on the natural resources, those local breeds are part of agricultural and pasture systems with high natural value. For the purpose of granting support under Article 68(1)(a)(v) of Regulation (EC) No 73/2009 in view of maintaining the population of such animals at an appropriate level for preserving the genetic heritage they represent, while protecting the legitimate expectations of farmers having applied for support under Article 68(1)(a)(i) for the year 2012, it is necessary to derogate from Article 44(2) of Regulation (EC) No 1120/2009 as regards the criteria for determining the threshold of loss to farming of local breeds indigenous to the area and in danger of being lost to farming.

               (7)

               Pursuant to Article 12(1)(a) and (e) of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (4), the single application is to contain all information necessary to establish eligibility for the aid, in particular the aid scheme concerned and a statement by the farmer that he is aware of the conditions pertaining to the aid scheme in question.

               (8)

               Given that specific support under Article 68 of Regulation (EC) No 73/2009 consists of several measures with different eligibility conditions, farmers are required to indicate in the single application for which specific measure they apply. In order to address the situation in the dairy sector still in 2012, Portugal intends to consider applications lodged in the calendar year 2012 for support under Article 68(1)(a)(i) of Regulation (EC) No 73/2009 as applications for the envisaged support under Article 68(1)(a)(v) of that Regulation for the same calendar year, taking into account the legitimate expectations of farmers concerned. In this respect, it is therefore appropriate to derogate from Article 12(1) of Regulation (EC) No 1122/2009.

               (9)

               As the derogations concern the year 2012, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (10)

               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
   Derogation from Regulation (EC) No 73/2009
   By way of derogation from Article 68(8) of Regulation (EC) No 73/2009, Portugal may, by [the day after the day of publication in the OJ, Office of Publications please insert the date], review the decision taken pursuant to Article 69(1) of that Regulation and modify, with effect for the year 2012, the specific support under Article 68(1)(a)(i) and Article 68(1)(a)(v) of that Regulation.
   Article 2
   Derogations from Regulation (EC) No 1120/2009
   1.   By way of derogation from the first subparagraph of Article 50(3) of Commission Regulation (EC) No 1120/2009, Portugal shall inform the Commission by [the fifth working day after the day of publication in the OJ, Office of Publications please insert the date] of the specific support measure they intend to apply under Article 68(1)(a)(v) pursuant to Article 1 of this Regulation.
   2.   By way of derogation from Article 44(2) of Regulation (EC) No 1120/2009, the thresholds referred to in Article 27(4) of Regulation (EC) No 1974/2006 shall not apply for the year 2012 in relation to support under Article 68(1)(a)(v) of Regulation (EC) No 73/2009 for the cattle breeds ‘Alentejana’ and ‘Mertolenga’, the sheep breeds ‘Serra de Estrela’ and ‘Churros’ and the goat breed ‘Serrana’.
   Article 3
   Derogation from Regulation (EC) No 1122/2009
   By way of derogation from Article 12(1) of Regulation (EC) No 1122/2009, applications lodged in the calendar year 2012 for support under Article 68(1)(a)(i) of Regulation (EC) No 73/2009 in respect of the breeds referred to in Article 2(2) may be considered as applications for support under Article 68(1)(a)(v) of the Regulation for the same calendar year.
   Article 4
   Entry into force
   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, 21 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 19.1.2009, p. 16.

      (2)  OJ L 316, 2.12.2009, p. 1.

      (3)  OJ L 368, 23.12.2006, p. 15.

      (4)  OJ L 316, 2.12.2009, p. 65.


title: Commission Implementing Regulation (EU) 2016/1882 of 24 October 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               25.10.2016

               EN

               Official Journal of the European Union

               L 289/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1882
   of 24 October 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, 24 October 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

                  125,7

                  ZZ

                  125,7

                  0707 00 05

                  TR

                  147,7

                  ZZ

                  147,7

                  0709 93 10

                  TR

                  150,0

                  ZZ

                  150,0

                  0805 50 10

                  AR

                  76,0

                  CL

                  95,1

                  IL

                  72,6

                  TR

                  101,1

                  UY

                  34,4

                  ZA

                  39,3

                  ZZ

                  69,8

                  0806 10 10

                  BR

                  282,2

                  PE

                  444,8

                  TR

                  139,4

                  US

                  261,8

                  ZA

                  228,5

                  ZZ

                  271,3

                  0808 10 80

                  AR

                  240,2

                  AU

                  237,5

                  BR

                  124,9

                  CL

                  188,1

                  NZ

                  137,1

                  ZA

                  158,6

                  ZZ

                  181,1

                  0808 30 90

                  CN

                  97,1

                  TR

                  146,4

                  ZZ

                  121,8

         (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’.