title: Council Implementing Regulation (EU) 2015/1325 of 31 July 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2015/513

text:
               1.8.2015

               EN

               Official Journal of the European Union

               L 206/12

         COUNCIL IMPLEMENTING REGULATION (EU) 2015/1325
   of 31 July 2015
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2015/513
   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 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 26 March 2015, the Council adopted Implementing Regulation (EU) 2015/513 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

               (2)

               The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered into the list.

               (3)

               By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities on the list that it had decided to keep them thereon. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for entering them into the list where such a statement had not already been communicated to them.

               (4)

               The Council has reviewed the list as required by Article 2(3) of Regulation (EC) No 2580/2001. When doing so the Council took into account the observations submitted to it by those concerned as well as the updated information received from the competent national authorities on the status of listed individuals and entities at national level.

               (5)

               The Council has verified that competent authorities as referred to in Article 1(4) of Common Position 2001/931/CFSP (3), have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Articles 1(2) and (3) of that Common Position. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

               (6)

               The list should be updated accordingly and Implementing Regulation (EU) 2015/513 should be repealed.

         HAS ADOPTED THIS REGULATION:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is set out in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) 2015/513 is hereby repealed.
   Article 3
   This Regulation shall enter into force on the date 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, 31 July 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 344, 28.12.2001, p. 70.

      (2)  Council Implementing Regulation (EU) 2015/513 of 26 March 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 790/2014 (OJ L 82, 27.3.2015, p. 1).

      (3)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      ANNEX

         LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1

      I.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11.8.1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6. or 15.3.1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID No.: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) — member of the ‘Hofstadgroep’.

                  6.

                  IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                  7.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555.

                  8.

                  SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran; (2) Mehran Military Base, Ilam Province, Iran.

                  9.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  10.

                  SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11.3.1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            II.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’.

                  3.

                  ‘Al-Aqsa e.V.’.

                  4.

                  ‘Babbar Khalsa’.

                  5.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                  6.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                  7.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                  8.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  9.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                  10.

                  ‘Hizbul Mujahideen’ — ‘HM’.

                  11.

                  ‘Hofstadgroep’.

                  12.

                  ‘International Sikh Youth Federation’ — ‘ISYF’.

                  13.

                  ‘Khalistan Zindabad Force’ — ‘KZF’.

                  14.

                  ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  15.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                  16.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  17.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                  18.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                  19.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                  20.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  21.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                  22.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                  23.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Commission Implementing Regulation (EU) No 337/2014 of 28 March 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               2.4.2014

               EN

               Official Journal of the European Union

               L 99/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 337/2014
   of 28 March 2014
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information 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 12(6) of Council Regulation (EEC) No 2913/92 (2). 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 12(6) of Regulation (EEC) No 2913/92 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, 28 March 2014.

            For the Commission,

            On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  An electric lighting article (so-called ‘LED floodlight’) in a rectangular shaped aluminium housing with a glass cover, with dimensions of approximately 23 × 19 × 13 cm.
                  The article comprises an aluminium reflector and has a mounting bracket on the back for adjusting the light angle.
                  It is fitted with a high-power LED chip and a power supply with a transformer.
                  It has a power consumption of 95 W, a luminous efficacy of 100 lm/W and a beam angle of 120°.
                  The article is used outdoors for illuminating, for example, landscapes, buildings, construction areas, billboards, lawns or gardens.

                      (1) See image

                  9405 40 99

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9405, 9405 40 and 9405 40 99.
                  Given its objective characteristics, such as the wide beam angle, the article is intended to be used for illuminating large areas. Consequently, classification under subheading 9405 40 10 as spotlights is excluded (see also the Harmonised System Explanatory Notes to heading 9405, group (I), third paragraph).
                  The article is therefore to be classified under CN code 9405 40 99 as other electric lamps and lighting fittings.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 296/2014 of 20 March 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Neufchâtel (PDO)]

text:
               25.3.2014

               EN

               Official Journal of the European Union

               L 89/32

      COMMISSION IMPLEMENTING REGULATION (EU) No 296/2014
   of 20 March 2014
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Neufchâtel (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Neufchâtel’, registered under Commission Regulation (EC) No 1107/96 (2).

               (2)

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

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 March 2014.

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

            Member of the Commission

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

      (2)  OJ L 148, 21.6.1996, p. 1.

      (3)  OJ C 316, 30.10.2013, p. 14.

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

         Class 1.3   Cheeses

      FRANCE
      Neufchâtel (PDO)


title: Commission Implementing Regulation (EU) No 996/2012 of 26 October 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284/2012  Text with EEA relevance

text:
               27.10.2012

               EN

               Official Journal of the European Union

               L 299/31

         COMMISSION IMPLEMENTING REGULATION (EU) No 996/2012
   of 26 October 2012
   imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284/2012
   (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
   Whereas:

               (1)

               Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

               (2)

               Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (2) was adopted. That Regulation was replaced by Commission Implementing Regulation (EU) No 961/2011 (3) which was later replaced by Commission Implementing Regulation (EU) No 284/2012 (4).

               (3)

               Implementing Regulation (EU) No 284/2012 has been amended several times to take into account the development of the situation. Since now further amendments are required, it is appropriate to replace Implementing Regulation (EU) No 284/2012 by a new Regulation.

               (4)

               The existing measures have been reviewed taking into account more than 26 000 occurrence data on radioactivity in feed and food provided by the Japanese authorities concerning the second growing season after the accident.

               (5)

               It is appropriate to exclude personal consignments from the application of the provisions of this Regulation. For food and feed of animal orgin reference should be made to the provisions provided for in Commission Regulation (EC) No 206/2009 of 5 March 2009 on the introduction into the Community of personal consingments of products of animal origin and amending Regulation (EC) 136/2004 (5). For other feed and food, it should be provided that consignments can only be considered as personal consignments if they are non-commercial and are destined to a private person for personal consumption or use.

               (6)

               The Japanese authorities have provided extensive information to the Commission that in addition to the already exempted alcoholic beverages (sake, whiskey and shochu) also other alcoholic beverages do not contain measurable levels of radioactivity. The process of polishing and fermentation reduces the radioactivity in the alcoholic beverage to a significant extent. It is therefore appropriate to exclude certain other alcoholic beverages from the scope of this Regulation in order to reduce the administrative burden for the Japanese authorities and the competent authorities of the importing Member States.

               (7)

               The data submitted by the Japanese authorities provide evidence that it is no longer necessary to require the sampling and analysis of feed and food originating in the prefectures of Yamanashi and Shizuoka on the presence of radioactivity before export to the Union. The requirement for sampling and analyses should only be maintained for tea from Shizuoka and mushrooms from Shizuoka and Yamanashi.

               (8)

               Since non-compliant or significant levels of radioactivity continue to be found in feed and food originating in the prefecture of Fukushima, it is appropriate to maintain the existing requirement of sampling and analysis before export to the Union for all feed and food originating in that prefecture. However, the general exemptions, such as for alcoholic beverages and personal consignments, should continue to apply in relation to such feed and food.

               (9)

               As regards the prefectures of Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Iwate, Chiba and Kanagawa for which it is currently required to sample and analyse all feed and food before export to the Union, it is appropriate to limit that requirement to mushrooms, tea, fishery products, certain edible wild plants, certain vegetables, certain fruits, rice and soybeans and the processed and derived products thereof. The same requirements should apply to compound foodstuffs containing more than 50 % of (an) ingredient(s) for which pretesting before export to the Union is required.

               (10)

               The controls performed at import show that the special conditions provided for by Union law are correctly implemented by the Japanese authorities and non-compliance has not occurred for more than a year. Therefore it is appropriate to reduce the frequency of controls at import and the reporting of the results to the Commission.

               (11)

               It is appropriate to foresee a next review of the provisions when the results of sampling and analysis on the presence of radioactivity of feed and food of the third growing season after the accident will be available, i.e. by 31 March 2014. However, for the products for which the harvest is mainly in the second part of the second growing season and therefore all the data of the second growing season are not yet available, it is appropriate to foresee a review of the provisions for these products by 31 March 2013.

               (12)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   This Regulation shall apply to feed and food within the meaning of Article 1(2) of Council Regulation (Euratom) No 3954/87 (6) originating in or consigned from Japan, with the exclusion of:

               (a)

               products which left Japan before 28 March 2011;

               (b)

               products which have been harvested and/or processed before 11 March 2011;

               (c)

               alcoholic beverages falling within CN codes 2203 to 2208;

               (d)

               personal consignments of feed and food of animal origin which are covered by Article 2 of Regulation (EC) 206/2009;

               (e)

               personal consignments of feed and food other than of animal origin which are not-commercial and destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.

         Article 2
   Definitions
   For the purposes of this Regulation, ‧transitional measures provided in the Japanese legislation‧ means the transitional measures adopted by the Japanese authorities on 24 February 2012 as regards the maximum levels for the sum of caesium-134 and caesium-137 as set out in Annex III.
   ‘Consignment’ means a quantity of any of the feed or food falling within the scope of this Regulation of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same prefecture(s) of Japan, within the limits permitted by the declaration referred to in Article 5.
   Article 3
   Import into the Union
   Feed and food (hereinafter -‧the products‧) referred to in Article 1 may only be imported into the Union if they comply with this Regulation.
   Article 4
   Maximum levels of caesium-134 and caesium-137
   1.   The products referred to in Article 1, except those appearing in Annex III, shall comply with the maximum level for the sum of caesium-134 and caesium-137 as as set out in Annex II.
   2.   Products appearing in Annex III shall comply with the maximum level for radioactive caesium set out in that Annex.
   Article 5
   Declaration
   1.   Each consignment of products referred to in Article 1 shall be accompanied by a valid declaration drawn up and signed in accordance with Article 6.
   2.   The declaration referred to in paragraph 1 shall:

               (a)

               attest that the products comply with the legislation in force in Japan and

               (b)

               specify whether the products are falling or not under the transitional measures provided for in the Japanese legislation.

         3.   The declaration referred to in paragraph 1 shall furthermore certify that:

               (a)

               the product has been harvested and/or processed before 11 March 2011; or

               (b)

               the product, other than tea and mushrooms originating in the prefecture Shizuoka and other than mushrooms originating in the prefecture Yamanashi, originates in and is consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate; or

               (c)

               the product originates in and is consigned from Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate but is not listed in Annex IV to this Regulation (and consequently no analysis before export is required); or

               (d)

               the product is consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate prefectures, but does not originate in one of those prefectures and has not been exposed to radioactivity during transiting; or

               (e)

               where the product is tea or mushrooms originating in Shizuoka prefecture or mushrooms originating in Yamanashi prefecture, or a derived product thereof or a compound feed or food containing more than 50 % of these products, the product is accompanied by an analytical report containing the results of sampling and analysis; or

               (f)

               where the product, listed in Annex IV to this Regulation, originates in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate prefectures, or is a compound feed or food containing more than 50 % of these products, the product is accompanied by an analytical report containing the results of sampling and analysis. The list of products in Annex IV is without prejudice to the requirements of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (7); or

               (g)

               where the origin of the product or of the ingredients present at more than 50 % is unknown, the product is accompanied by an analytical report containing the results of sampling and analysis.

         4.   Point (f) of paragraph 3 shall apply also to products caught or harvested in the coastal waters of the prefectures referred to therein, irrespective of where such products are landed.
   Article 6
   Drawing up and signing of the declaration
   1.   The declaration referred to in Article 5 shall be drawn up in accordance with the model set out in Annex I.
   2.   For the products referred to in the points (a), (b), (c) or (d) of Article 5(3), the declaration shall be signed by an authorised representative of the competent Japanese authority or by an authorised representative of an instance authorised by the competent Japanese authority under the authority and supervision of the competent Japanese authority.
   3.   For the products referred to in the point (e), (f) and (g) of Article 5(3), the declaration shall be signed by an authorised representative of the competent Japanese authority and shall be accompanied by an analytical report containing the results of sampling and analysis.
   Article 7
   Identification
   Each consignment of products referred to in Article 1 shall be identified by means of a code which shall be indicated on the declaration referred to in Article 5(1), on the analytical report referred to in Article 5(3), on the sanitary certificate and on any commercial documents accompanying the consignment.
   Article 8
   Border inspection posts and designated point of entry
   Consignments of products referred to in Article 1, except those falling within the scope of Council Directive 97/78/EC (8), shall be introduced into the Union through a designated point of entry within the meaning of point (b) of Article 3 of Commission Regulation (EC) No 669/2009 (9) (hereinafter – ‧the designated point of entry‧).
   Article 9
   Prior notification
   Feed and food business operators or their representatives shall give prior notification of the arrival of each consignment of the products referred to in Article 1, at least two working days prior to the physical arrival of the consignment to the competent authorities at the border inspection post or at the designated point of entry.
   Article 10
   Official controls
   1.   The competent authorities of the border inspection post or designated point of entry shall carry out:

               (a)

               documentary checks on all consignments of products referred to in Article 1;

               (b)

               physical checks and identity checks, including laboratory analysis on the presence of caesium-134 and caesium-137, on 5 % of the consignments.

         2.   Consignments shall be kept under official control, for a maximum of five working days, pending the availability of the results of the laboratory analysis.
   3.   In case the result of the laboratory analysis provides evidence that the guarantees provided in the declaration are false, the declaration is considered not to be valid and the consignment of feed and food does not comply with the provisions of this Regulation.
   Article 11
   Costs
   All costs resulting from the official controls referred to in Article 10 and any measures taken following non-compliance shall be borne by the feed and food business operators.
   Article 12
   Release for free circulation
   The consignments may only be released into free circulation if the feed and food business operator or its representative submits to the customs authorities the declaration referred to in Article 5(1), which:

               (a)

               has been duly endorsed by the competent authority at the border inspection post or designated point of entry; and

               (b)

               provides evidence that the official controls referred to in Article 10 have been carried out and that the results of those controls have been favourable.

         Article 13
   Non-compliant products
   Products which do not comply with the provisions of this Regulation shall not be placed on the market. Such products shall be safely disposed of or returned to the country of origin.
   Article 14
   Reports
   Member States shall inform the Commission every three months through the Rapid Alert System for Food and Feed (RASFF) of all analytical results obtained. That report shall be submitted during the month following each quarter.
   Article 15
   Repeal
   Implementing Regulation (EU) No 284/2012 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation.
   Article 16
   Transitional measure
   By way of derogation from Article 3, products referred to in Article 1 may be imported into the Union if they comply with Implementing Regulation (EU) No 284/2012 where:

               (a)

               the products left Japan before the entry into force of this Regulation; or

               (b)

               the products are accompanied by a declaration in accordance with Implementing Regulation (EU) No 284/2012 which was issued before 1 November 2012 and the products have left Japan before 1 December 2012.

         Article17
   Entry into force and period of application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

   It shall apply from the date of entry into force until 31 March 2014.
   This Regulation shall be reviewed before 31 March 2013 as regards the products of which the harvest is mainly between August and November and as regards fish and fishery products.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 October 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  OJ L 80, 26.3.2011, p. 5.

      (3)  OJ L 252, 28.9.2011, p. 10.

      (4)  OJ L 92, 30.3.2012, p. 16.

      (5)  OJ L 77, 24.3.2009, p. 1.

      (6)  OJ L 371, 30.12.1987, p. 11.

      (7)  OJ L 43, 14.2.1997, p. 1.

      (8)  OJ L 24, 30.1.1998, p. 9.

      (9)  OJ L 194, 25.7.2009, p. 11.

      ANNEX I

         Declaration for the import into the Union of

      … (Product and country of origin)

         Batch identification Code … Declaration Number …

      According to the provisions of the Commission Implementing Regulation (EU) No 996/2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station the
      …
      (authorised representative referred to in Article 6 (2) or 6(3) of Implementing Regulation (EU) No 996/2012)
      DECLARES that the …
      … (products referred to in Article 1)
      of this consignment composed of: …
      … (description of consignment, product, number and type of packages, gross or net weight)
      embarked at … (embarkation place)
      on … (date of embarkation)
      by … (identification of transporter)
      going to … (place and country of destination)
      which comes from the establishment …
      … (name and address of establishment)
      is compliant with the legislation in force in Japan as regards the maximum levels for the sum of caesium-134 and caesium-137.
      DECLARES that the consignment concerns feed or food

                  

                     not falling under the transitional measures provided in the Japanese legislation (see Annex III to Implementing Regulation (EU) No 996/2012) as regards the maximum level for the sum of caesium-134 and caesium-137

                  

                     falling under the transitional measures provided in the Japanese legislation (see Annex III to Implementing Regulation (EU) No 996/2012) as regards the maximum level for the sum of caesium-134 and caesium-137

            DECLARES that the consignment concerns:

                  

                  feed or food that has been harvested and/or processed before 11 March 2011;

                  

                  feed or food that originates in and is consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate, other than tea and mushrooms originating in Shizuoka prefecture and other than mushrooms originating in Yamanashi prefecture;

                  

                  feed and food that is consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate prefectures, but does not originate in one of those prefectures and has not been exposed to radioactivity during transiting;

                  

                  feed and food not listed in Annex IV to Implementing Regulation (EU) No 996/2012, that originates in and is consigned from Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate;

                  

                  tea or mushrooms or a compound feed or food containing more than 50 % of these products, originating in Shizuoka prefecture, and has been sampled on … (date), subjected to laboratory analysis on …
                  (date) in the …
                  (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;

                  

                  mushrooms or a compound feed or food containing more than 50 % of these products, originating in Yamanashi prefecture, and has been sampled on … (date), subjected to laboratory analysis on …
                  (date) in the …
                  (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;

                  

                  feed and food listed in Annex IV to Implementing Regulation (EU) No 996/2012 or a compound feed or food containing more than 50 % of these products, that originates in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and Iwate prefectures, and has been sampled on … (date), subjected to laboratory analysis on … (date) in the … (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;

                  

                  feed and food of unknown origin or containing more than 50 % of (an) ingredient(s) of unknown origin and has been sampled on … (date), subjected to laboratory analysis on … (date) in the … (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached.

            Done at … on…
      Stamp and signature of the authorised representative referred to in Article 6(2) or (3) of Implementing Regulation (EU) No 996/2012,

         Part to be completed by the competent authority at the border inspection post (BIP) or designated point of entry (DPE)

                  

                  The consignment has been accepted to be presented to the custom authorities for release into free circulation in the Union

                  

                  The consignment has NOT been accepted to be presented to the custom authorities into release for free circulation in the Union

            …
      (Competent authority, Member State)
      …

                  Date

                  Stamp

                  Signature

      ANNEX II

         Maximum levels for food
          (1)
         (Bq/kg) as provided in the Japanese legislation

                  Foods for infants and young children

                  Milk and milk-based drinks

                  Other food, with the exception of - mineral water and similar drinks - tea brewed from unfermented leaves

                  Mineral water and similar drinks and tea brewed from unfermented leaves

                  Sum of caesium-134 and caesium-137

                  50 (2)

                  50 (2)

                  100 (2)

                  10 (2)

         Maximum levels for feed
          (3)
         (Bq/kg) as provided in the Japanese legislation

                  Feed intended for cattle and horses

                  Feed intended for pigs

                  Feed intended for poultry

                  Feed for fish (5)

                  Sum of caesium-134 and caesium-137

                  100 (4)

                  80 (4)

                  160 (4)

                  40 (4)

         (1)  For dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as ready for consumption.
      For dried mushrooms a reconstitution factor of 5 is of application.
      For tea, the maximum level applies to the infusion brewed from tea leaves. The processing factor for dried tea is 50, and therefore a maximum level of 500 Bq/kg on dried tea leaves ensures that the level in the brewed tea does not exceed the maximum level of 10 Bq/kg.

         (2)  In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Council Regulation (Euratom) No 3954/87.

         (3)  Maximum level is relative to a feed with a moisture content of 12 %.

         (4)  In order to ensure consistency with maximum levels currently applied in Japan, this value replaces on a provisional basis the value laid down in Commission Regulation (Euratom) No 770/90 (OJ L 83, 30.3.1990, p. 78).

         (5)  With the exemption of feed for ornamental fish.

      ANNEX III

         Transitional measures provided in Japanese legislation and of application for this Regulation

                  (a)

                  Milk and dairy products, mineral water and similar drinks that are manufactured and/or processed before 31 March 2012 shall not contain radioactive caesium more than 200 Bq/kg. Other foods, except for rice, soybean and processed products thereof that are manufactured, and/or processed before 31 March 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (b)

                  Products made from rice that are manufactured, and/or processed before 30 September 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (c)

                  Soybean harvested and placed on the market before 31 December 2012 shall not contain radioactive caesium more than 500 Bq/kg.

                  (d)

                  Products made from soybean that are manufactured and/or processed before 31 December 2012 shall not contain radioactive caesium more than 500 Bq/kg.

      ANNEX IV

         Feed and food for which a sampling and analysis on the presence of caesium 134 and caesium-137 is required before export to the Union

                  (a)

                  products originating in the prefecture Fukushima:

                              —

                              all products, taking into account the exemptions provided for in Article 1 of this Regulation.

                  (b)

                  products originating in the prefecture Shizuoka:

                              —

                              tea and processed products thereof falling within CN codes 09022101 20 and 2202 90 10;

                              —

                              mushrooms and processed products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80.

                  (c)

                  products originating in the prefecture Yamanashi:

                              —

                              mushrooms and processed products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80.

                  (d)

                  products originating in the prefectures Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa or Iwate:

                              —

                              tea and processed products thereof falling within CN codes 0902, 2101 20 and 2202 90 10;

                              —

                              mushrooms and processed products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80;

                              —

                              fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0306, 0307 and 0308 (1);

                              —

                              rice and processed products thereof falling within CN codes 1006, 1102 90 50, 1103 19 50, 1103 20 50, 1104 19 91, 1104 19 99, 1104 29 17, 1104 29 30, 1104 29 59, 1104 29 89, 1104 30 90, 1901, 1904 10 30, 1904 20 95, 1904 90 10 and 1905 90 (1);

                              —

                              soybeans and processed products thereof falling within CN codes 1201 90, 1208 10, 1507 (1);

                              —

                              Adzuki beans falling within CN codes 0708 20, 0713 32 00 and processed products thereof falling under CN code such as 1106 10 (1);

                              —

                              blueberries and processed products thereof falling within CN codes 0810 40 30, 0810 40 50, 0811 90 50, 0811 90 70, 0812 90 40, 0813 40 95;

                              —

                              ginkgo nut falling within CN code 0802 90 85 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95;

                              —

                              Japanese apricot falling within CN codes 0809 40 05, and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95;

                              —

                              citrus fruit falling within CN code 0805, peel of citrus fruit falling within CN code 0814 00 00 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 25, 0812 90 98, 0813 40 95 (1);

                              —

                              Japanese persimmon falling within CN code 0810 70 00 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              pomegranate falling within CN code 0810 90 75 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              chocolate vine (Akebia quinata) and processed products thereof falling within CN codes 0810 90 75, 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98 and 0813 40 95;

                              —

                              pome fruit (Chaenomeles) falling within CN code 0810 90 75 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              pawpaws (Asimina triloba) falling within CN code 0810 90 75 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              pears falling within CN code 0808 30 10 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 30 (1);

                              —

                              chestnuts falling within CN codes 0802 41 00 and 0802 42 00 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              walnuts falling within CN codes 0802 31 00 and 0802 32 00 and processed products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95 (1);

                              —

                              Ashitaba (Angelica keiskei) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              giant butterbur (fuki), Japanese butterbur scape (Petasites japonicus) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              Japanese ginger (Myoga) falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90 and processed products thereof such as those falling within CN codes 2008 99 49, 2008 99 67;

                              —

                              edible parts of Aralia sp. and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              bamboo shoot (Phyllostacys pubescens) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90, 2004 90 and 2005 91;

                              —

                              bracken (Pteridium aquilinum) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              edible parts of Japanese horseradish or wasabi (Wasabia japonica) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90 and 0910 99;

                              —

                              Japanese parsley (Oenanthe javanica) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              Japanese pepper (Zanthoxylum piperitum) falling within CN code 0910 99;

                              —

                              Japanese royal fern (Osmunda japonica) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              koshiabura (shoot of Eleuterococcus sciadophylloides) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              momijigasa (Parasenecio delphiniifolius) and processed products thereof falling within CN code 0709 99,, 0710 80, 0711 90 and 0712 90;

                              —

                              ostrich fern (Matteuccia struthioptheris) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              plantain lily (Hosta Montana) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              uwabamisou (Elatostoma umbellatum var. majus) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

                              —

                              victory onion (Allium victorialis subsp. Platyphyllum) and processed products thereof falling within CN codes 0703 10, 0710 80, 071190071220 and 0712 90;

                              —

                              thistle (Cirsium japonicum) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90 (1);

                              —

                              yobusumaso (Honma) (Cacalia hastata ssp orientalis) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90 (1);

                              —

                                 Synurus pungens (Oyamabokuchi) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90 (1);

                              —

                              field horsetail (Equisetum arvense) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90 (1);

                              —

                                 Actinidia polygama (silver vine) and processed products thereof falling within CN codes 0810 90 75, 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98 and 0813 40 95 (1).

                              —

                              Taro (Colocasia esculenta) and processed products thereof falling within CN code 0714 40 (1);

                              —

                              Yacon (Smallanthus sonchifolius) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90 and 0714 90 (1);

                  (e)

                  compound products containing more than 50 % of the products referred to in the headings (a), (b), (c), and (d) of this Annex.

         (1)  the listing of these products will be reviewed before 31 March 2013 taking into account the analytical results obtained in the period from September 2012 until December 2012.


title: Commission Implementing Regulation (EU) 2016/90 of 26 January 2016 amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in Ukraine following a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009

text:
               27.1.2016

               EN

               Official Journal of the European Union

               L 19/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/90
   of 26 January 2016
   amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in Ukraine following a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 11(3) thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Measures in force

               (1)

               The anti-dumping measures in force on imports of certain steel ropes and cables originating in Ukraine were originally imposed by Council Regulation (EC) No 1796/1999 (2) (the ‘original Regulation’) and last extended by Council Implementing Regulation (EU) No 102/2012 (3) (the ‘measures in force’).

               (2)

               The measures in force take the form of an ad valorem duty at 51,8 %.

         1.2.   Request for a review

               (3)

               The European Commission (‘the Commission’) received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation. The request was lodged by PJSC ‘PA’‘Stalkanat-Silur’ (‘the applicant’), an exporting producer from Ukraine.

               (4)

               The request was limited in scope to the examination of dumping as far as the applicant was concerned.

               (5)

               In its request, the applicant provided prima facie evidence that the changes to its current structure, based on the merger of, inter alia, two unrelated exporting producers in Ukraine (only one of which was previously investigated individually), are of a lasting nature.

               (6)

               Furthermore, the applicant claimed that on the basis of the applicant's own domestic prices, or on the basis of its constructed normal value (manufacturing costs, selling, general and administrative costs (‘SG&A’) and profit), instead of the analogue country's normal value used previously, the dumping margin of the applicant is significantly lower than the current level of the measures.

               (7)

               Therefore, the applicant claimed that the continued imposition of the measures at the existing level was no longer necessary to offset the effects of injurious dumping as previously established.

         1.3.   Initiation of a review

               (8)

               The Commission determined, after informing the Member States, that sufficient evidence existed to justify the initiation of a partial interim review and announced by a notice published in the Official Journal of the European Union
                   (4) on 18 November 2014 the initiation of an investigation pursuant to Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as the applicant is concerned.

         1.4.   Product concerned and like product

               (9)

               The product concerned by the current review is the same as that in the original investigation and the last investigation which led to the imposition of the measures in force, i.e. steel ropes and cables, including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, originating in Ukraine (the ‘product concerned’ or ‘SWR’), currently falling within CN code(s) ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98.

               (10)

               The product produced and sold in Ukraine, as well as in third countries, and that exported to the Union have the same basic physical and technical characteristics and end uses and are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.

         1.5.   Parties concerned

               (11)

               The Commission officially advised the applicant, the known association of the Union industry and the Ukrainian authorities of the initiation of the interim review. Interested parties were given an opportunity to make their views known in writing and to be heard.

               (12)

               The Commission sent a questionnaire to the applicant and received a reply within the set deadline. The Commission sought and verified all the information it deemed necessary for the determination of dumping. The verification was carried out at the premises of the applicant in Odessa, Ukraine.

         1.6.   Review investigation period

               (13)

               The review investigation covered the period from 1 July 2013 to 30 September 2014.

         2.   RESULTS OF THE INVESTIGATION

   2.1.   Dumping

   2.1.1.   Normal value

               (14)

               The total volume of export sales to the Union in the review investigation period was limited to two sales transactions only, and as explained in recital (26), these transactions were not considered representative. As also mentioned in recital (26), the export price was therefore determined on the basis of the export sales made by the applicant to third countries during the review investigation period in accordance with Article 2(9) of the basic Regulation. The sales volume to third country markets was used to assess the representativity of the domestic sales for the establishment of the normal value for the purposes of Article 2(2) of the basic Regulation

               (15)

               For the determination of the normal value, it was first established whether the applicant's total volume of domestic sales of the like product to independent customers was representative in comparison with its total volume of exports to third countries. In accordance with Article 2(2) of the basic Regulation it was found that the domestic sales were representative as the total volume of domestic sales was at least 5 % of the total volume of export sales to third countries in the review investigation period.

               (16)

               For each product type sold by the applicant on its domestic market and found to be directly comparable with the product type sold for export to third countries, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular product type were considered sufficiently representative when the total volume of that product type sold on the domestic market to independent customers during the review investigation period represented at least 5 % of the total sales volume of the comparable product type exported to third countries during the same period.

               (17)

               It was also examined whether the domestic sales of each product type could be regarded as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing the proportion of domestic sales to independent customers which were profitable for each product type exported to third countries concerned during the review investigation period.

               (18)

               For those product types where more than 80 % by volume of sales on the domestic market were above cost and the weighted average sales price of that type was equal to or above the unit cost of production, normal value, by product type, was calculated as the weighted average of the actual domestic prices of all sales of the product type in question, irrespective of whether those sales were profitable or not.

               (19)

               Where the volume of profitable sales of a product type represented 80 % or less of the total sales, or where the weighted average price of that product type was below the unit cost of production, normal value was based on the actual domestic price, which was calculated as a weighted average price of only the profitable domestic sales of that product type made during the review investigation period.

               (20)

               Wherever domestic prices of a particular product type sold by the applicant could not be used in order to establish normal value, the normal value was constructed in accordance with Article 2(3) of the basic Regulation.

               (21)

               When constructing normal value pursuant to Article 2(3) of the basic Regulation, the amounts for selling, general and administrative costs and for profits have been based, pursuant to Article 2(6) of the basic Regulation, on the actual data pertaining to the production and sales, in the ordinary course of trade, of the like product, by the applicant.

               (22)

               After final disclosure, the applicant claimed that its domestic sales to state-owned companies (SOEs) should be excluded from the normal value determination. The applicant argued that prices charged to SOEs were systematically higher than the prices charged to other customers on the domestic market based on a higher a risk of non-payment or significantly delayed payment, which was also reflected in the company's internal pricing policy. It was claimed that the higher prices were thus not linked to the characteristics of the product concerned. Secondly, the applicant claimed that where the normal value was constructed in accordance with Article 2(3) of the basic Regulation, only the selling, general and administrative (‘SG&A’) expenses incurred in the domestic sales to independent distributors should be used to ensure the comparability with the export sales which were made exclusively to the same type of customers.

               (23)

               Regarding the applicant's request for exclusion of domestic sales to SOEs from the normal value determination, the evidence collected during the investigation confirmed that the sales prices for SOEs, per product type, were on average consistently higher than those charged to any other type of customers on the domestic market. This consistent price difference was a result of a combination of a number of specific factors affecting only this type of customer in the domestic market: (i) the identification by the applicant of sales to SOEs as having high risk of non-payment or seriously delayed payments; (ii) the fact that this policy is effectively applied by granting much longer credit periods to SOEs (including the possibility to further postpone the payment as reflected in the contract); (iii) the evidence of history of delayed payments; (iv) the fact that the Ukrainian law exempts SOEs to meet the claims of creditors in case of bankruptcy; (v) the fact that the sales to SOEs are made through complex tender procedures, where the provisions of the contract are not negotiable and a pre-set standard contract is used and finally that (vi) SOEs are not allowed by law to make advance payments for the purchase of goods. Thus, on the basis of these specific circumstances, the applicant's claim was accepted.

               (24)

               Regarding the claim to use only the SG&A expenses incurred in the sales to independent distributors when the normal value is constructed, Article 2(6) of the basic Regulation provides that the amounts for SG&A expenses should be based on the actual data pertaining to the applicant's production and sales, in the ordinary course of trade, of the like product. In accordance with this Article, the data of the applicant was used pertaining to all sales (excluding the sales to SOEs) on the domestic market. Since sales prices to end-users on the domestic market were adjusted in accordance with Article 2(10)(d)(i) of the basic Regulation (as explained in recitals (30) and (31) below), they were put at a comparable level to domestic sales to independent distributors. This claim was therefore rejected.

               (25)

               The applicant also argued that when constructing normal value pursuant to Article 2(3) of the basic Regulation a reasonable profit margin of 5 % should be used. Reference was made to a previous investigation concerning SWR where such profit margin was considered to be reasonable. The applicant further argued that alternatively, the level of profit should not exceed the level of profit achieved for sales to independent distributors as this sales level is comparable to the level of export sales. However, Article 2(6) of the basic Regulation provides that the amounts for SG&A expenses and for profits should be based on the actual data of the applicant pertaining to the production and sales, in the ordinary course of trade, of the like product. Since this data was available, it was therefore used in accordance with this Article. Therefore, the claim was rejected.

         2.1.2.   Export price

               (26)

               There were only two sales transactions made to the Union during the review investigation period. They were not considered representative because of their limited volume and because they were made to only one customer with particular product specifications. Therefore the export price was established in accordance with Article 2(9) of the basic Regulation, which allows for constructing the export price on any reasonable basis. In this case the sales of the like product made by the applicant to third countries during the review investigation period were used as a basis for the calculation of the export price. Indeed, the sales to third countries were characterised by a significant volume to a large number of customers and the investigation did not reveal price distortions or other factors on the third countries' markets, which would suggest that the applicant's sales to these markets could not be used for the purpose of establishing the export price.

         2.1.3.   Comparison

               (27)

               The average normal value and the average export price were compared on an ex-works basis. For the purpose of ensuring a fair comparison between the normal value and export price, due allowance in the form of adjustments was made for the difference in transport and credit costs in accordance with Article 2(10) of the basic Regulation.

               (28)

               The applicant also claimed an adjustment on the normal value for the difference in the level of trade pointing to the fact that its sales on the domestic market to retailers and end-users via regional sales centres were not comparable with the sales to independent distributors. The applicant further claimed that all export sales were made to independent distributors and were thus only comparable with the domestic sales to independent distributors. A weighted average price difference between sales to the two levels of trade on the domestic market was claimed to be a basis to calculate the adjustment in accordance with Article 2(10)(d)(i) of the basic Regulation.

               (29)

               After final disclosure the applicant maintained its claim for an adjustment for differences in the level of trade. In addition, it argued that the determination of the level of trade adjustment should be made on a quarterly basis in order to eliminate the impact of the devaluation of the Ukrainian currency against foreign currencies impacting raw material prices and high inflation in the review investigation period.

               (30)

               The investigation revealed that the sales to retailers (via regional sales centres) were indeed made at a different level of trade than export sales and that this difference was reflected in the sales prices. The domestic sales prices to end-users via regional sales centres were consistently higher and the quantities were consistently lower than for the sales to independent distributors. In addition, the end-users benefited from additional services offered by the regional sales centres. Therefore, an adjustment for differences in the level of trade within the meaning of Article 2(10)(d)(i) of the basic Regulation was granted.

               (31)

               The applicant based the calculation of the claimed adjustment on the overall average price difference between the two levels of trade weighted on basis of the volumes sold to independent distributors. However, the volumes sold to independent distributors should not have an effect on the level of the adjustment. Therefore, the Commission calculated the adjustment on the basis of the weighted average price difference per ton and per product type applied to the volume of sales to end-users only.

               (32)

               Finally, the adjustment was not calculated on a quarterly basis as proposed by the applicant, as it was established that it would not neutralise the impact of the distortions mentioned in recital (29).

         2.1.4.   Dumping margin

               (33)

               As provided for under Article 2(11) of the basic Regulation, the weighted average normal value by type was compared with the weighted average export price to third countries of the corresponding type of the like product. This comparison showed the existence of dumping.

               (34)

               The dumping margin of the applicant expressed as a percentage of the net, free-at-Union frontier price was found to be 10,5 %.

         2.2.   Lasting nature of the changed circumstances

               (35)

               In accordance with Article 11(3) of the basic Regulation the Commission examined whether the changed circumstances with regard to dumping could reasonably be considered to be of a lasting nature.

               (36)

               The anti-dumping duty currently applicable was established during the original investigation. During the investigation period of that investigation Ukraine was considered as an economy in transition and thus normal value was established on the basis of Article 2(7) of the basic Regulation. Consequently, normal value was established on the basis of the prices paid in an analogue country market being a market economy country, i.e. Poland.

               (37)

               In 2005 Ukraine was granted market economy status and therefore Article 2(7) of the basic Regulation does not apply to it any longer. Therefore, the applicant's dumping margin during the review investigation period was based on its own verified data.

               (38)

               The evidence obtained and verified during the investigation confirmed the changes to its current company structure, based on the merger of two former unrelated exporting producers and a third entity responsible for sales and marketing. The merger took place in 2010. The change is considered to be of a lasting nature since the tasks previously carried out by the separate entities were effectively transferred to the applicant. No indications pointing to possible future changes were found.

               (39)

               In the light of the above, it is therefore considered that the circumstances that led to the initiation of this review are unlikely to change in the foreseeable future in a manner that would affect the findings of the current review. Therefore, it is concluded that the changes are considered to be of a lasting nature and that the application of the measures at its current level is no longer justified.

               (40)

               After final disclosure, Liaison Committee of EU Wire Rope Industries (EWRIS) argued that the ongoing military operations in the region of Ukraine, where one of the two production sites of the applicant is located, does not allow concluding that the change referred to in recital (38) is of a lasting nature. In this regard, it is first noted that the conclusion on the lasting nature of the changed circumstances with regard to dumping was based on two elements referred to in recitals (37) and (38), of which EWRIS contests only one. Secondly, the investigation established that the applicant's production site in the region of Donetsk has not been operating since summer 2014, thus limiting the production capacity of the applicant. Such a decision by the applicant, motivated by the security concerns, does not contradict the finding that the merger of formerly two producers of SWR has been effective since 2010 and that it constitutes a structural change of the operations of the two companies of a lasting nature. Therefore, the argument was rejected.

         3.   ANTI-DUMPING MEASURES

               (41)

               In light of the results of this review investigation, it is considered appropriate to amend the anti-dumping duty applicable to imports of the product concerned from Ukraine by introducing a duty applicable to PJSC ‘PA’‘Stalkanat-Silur’ at the level of 10,5 %.

               (42)

               The country-wide measures in force are not affected by this conclusion.

         4.   DISCLOSURE

               (43)

               Interested parties were informed of the essential facts and considerations leading to the above conclusions and were given an opportunity to comment. Their comments have been taken into account where appropriate. Given that these comments led to substantial changes in the Commission's conclusions concerning the dumping margin, a second disclosure to the interested parties took place on 8 December 2015. Comments after second disclosure have been taken into account where appropriate.

               (44)

               The measures provided for in this Regulation are 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
   Article 1(3) of Implementing Regulation (EU) No 102/2012 is replaced by the following:

      ‘3.   The rate of the definitive anti-dumping duty applicable to the CIF net, free-at-Union-frontier price, before duty of the product described in paragraph one and originating in Ukraine shall be as follows:

                  Company

                  Anti-Dumping duty (%)

                  TARIC Additional Code

                  PJSC “PA”“Stalkanat-Silur”

                  10,5

                  C052

                  All other companies

                  51,8

                  C999

            The application of the individual duty rates specified for the company mentioned in the table above shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which must appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: “I, the undersigned, certify that the (volume) of steel ropes and cables sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the Ukraine. I declare that the information provided in this invoice is complete and correct.” If no such invoice is presented, the duty rate applicable to “all other companies” shall apply.’

   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, 26 January 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Regulation (EC) No 1796/1999 of 12 August 1999 imposing a definitive anti-dumping duty, and collecting definitively the provisional duty imposed, on imports of steel ropes and cables originating in the People's Republic of China, Hungary, India, Mexico, Poland, South Africa and Ukraine and terminating the anti-dumping proceeding in respect of imports originating in the Republic of Korea (OJ L 217, 17.8.1999, p. 1).

      (3)  Council Implementing Regulation (EU) No 102/2012 of 27 January 2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People's Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 36, 9.2.2012, p. 1).

      (4)  Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of steel ropes and cables originating in Ukraine (OJ C 410, 18.11.2014, p. 15).


title: Commission Implementing Regulation (EU) No 225/2013 of 6 March 2013 entering a name in the register of protected designations of origin and protected geographical indications (Ficodindia di San Cono (PDO))

text:
               15.3.2013

               EN

               Official Journal of the European Union

               L 72/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 225/2013
   of 6 March 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Ficodindia di San Cono (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It 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, Italy’s application to register the name ‘Ficodindia di San Cono’ 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, 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, 6 March 2013.

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

            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 150, 26.5.2012, p. 9.

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

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

      ITALY
      Ficodindia di San Cono (PDO)