title: Commission Implementing Regulation (EU) 2019/1295 of 1 August 2019 amending Implementing Regulation (EU) 2018/1469 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036

text:
                  2.8.2019

                  EN

                  Official Journal of the European Union

                  L 204/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1295
         of 1 August 2019
         amending Implementing Regulation (EU) 2018/1469 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘basic Regulation’), and in particular Article 11(3) thereof,
         Whereas:
         1.   PROCEDURE

         1.1.   Measures in force

                     (1)

                     By Regulation (EC) No 954/2006 (2) the Council, following an investigation (‘the original investigation’), imposed a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Croatia, Russia and Ukraine. The measures consisted of an ad valorem anti-dumping duty ranging between 12,3 % and 25,7 % imposed on imports from individually named exporting producers in Ukraine, with a residual duty rate of 25,7 % on imports from all other companies in Ukraine. The definitive anti-dumping duty imposed on the exporting producer subject to the current review investigation, CJSC Nikopolsky Seamless Tubes Plant Niko Tube and OJSC Nizhnedneprovsky Tube Rolling Plant, now named LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (‘the applicant’ or ‘Interpipe’) was 25,1 %.

                     (2)

                     Following an application by Interpipe for the annulment of Council Regulation (EC) No 954/2006, the General Court of the European Union annuled Article 1 of Council Regulation (EC) No 954/2006 in so far as the anti-dumping duty fixed for Interpipe exceeded that which would have been applicable had the export price not been adjusted for a commission when sales took place through the intermediary of the affiliated trader, Sepco SA (3). On 16 February 2012 the Court of Justice of the European Union upheld the judgment of the General Court (4).

                     (3)

                     Following these judgments, the Council amended Council Regulation (EC) No 954/2006 by Implementing Regulation (EU) No 540/2012 (5) to correct the anti-dumping duty imposed on Interpipe in so far as it had been erroneously established. As a consequence, the duty applicable to Interpipe was amended to 17,7 %.

                     (4)

                     By Implementing Regulation (EU) No 585/2012 (6) the Council, following an expiry review, maintained the measures imposed by Council Regulation (EC) No 954/2006 on imports of seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine.

                     (5)

                     Following an application by Interpipe pursuant to Article 11(3) of the basic Regulation, the Council, by Implementing Regulation (EU) No 795/2012 (7) amended the definitive measures imposed by Implementing Regulation (EU) No 585/2012 as far as Interpipe is concerned (‘the last interim review’). As a consequence, the duty applicable to Interpipe was amended to 13,8 %.

                     (6)

                     By Implementing Regulation (EU) 2018/1469 (8) the Commission, following an expiry review, maintained the measures imposed by Implementing Regulation (EU) No 585/2012 as last amended by Implementing Regulation (EU) No 795/2012 and Council Implementing Regulation (EU) No 1269/2012 (9) on imports of seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine (‘the expiry review investigation’).

                     (7)

                     The anti-dumping duties currently in force range from 35,8 % to 24,1 % for imports originating in Russia, and 25,7 % to 12,3 % for imports originating in Ukraine.

               1.2.   Request for a partial interim review

                     (8)

                     On 7 May 2018, the Commission announced by a notice published in the Official Journal of the European Union the initiation of a partial interim review (‘Notice of initiation’) (10) of the anti-dumping measures applicable to imports of certain seamless pipes and tubes, of iron or steel, originating in Ukraine pursuant to Article 11(3) of the basic Regulation.

                     (9)

                     The review, which is limited in scope to the examination of dumping of the exporting producer Interpipe, was initiated following a substantiated request lodged by the company. In the request Interpipe provided sufficient evidence that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature.

               1.3.   Investigation

                     (10)

                     The investigation of the level of dumping covered the period from 1 April 2017 to 31 March 2018 (‘the review investigation period’).

                     (11)

                     The Commission officially informed the applicant, the authorities of the exporting country and the Union industry of the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set out in the Notice of initiation.

                     (12)

                     In order to obtain the information necessary for its investigation, the Commission sent a questionnaire to the applicant, which responded within the given deadline.

                     (13)

                     The Commission sought and verified all information it deemed necessary for the purpose of determining the level of dumping. Verification visits were carried out at the premises of the applicant and at its related trading companies LLC Interpipe Ukraine, Interpipe Europe SA and Interpipe Central Trade GmbH.

               2.   PRODUCT UNDER REVIEW AND LIKE PRODUCT

         2.1.   Product under review

                     (14)

                     The product under review is the same as that defined in Implementing Regulation (EU) 2018/1469 of 1 October 2018 which imposed the measures currently in force, i.e. seamless pipes and tubes of iron or steel (‘SPT’), of circular cross-section, of an external diameter not exceeding 406,4 mm with a Carbon Equivalent Value (CEV) not exceeding 0,86 according to the International Institute of Welding (IIW) formula and chemical analysis (11), originating in inter alia Ukraine, currently falling within CN codes ex 7304 11 00, ex 7304 19 10, ex 7304 19 30, ex 7304 22 00, ex 7304 23 00, ex 7304 24 00, ex 7304 29 10, ex 7304 29 30, ex 7304 31 80, ex 7304 39 58, ex 7304 39 92, ex 7304 39 93, ex 7304 51 89, ex 7304 59 92 and ex 7304 59 93 (‘the product under review’).

               2.2.   Like product

                     (15)

                     As established in the original investigation as well as in the subsequent reviews, the current investigation confirmed that the product produced in Ukraine and exported to the EU, the product produced and sold on the domestic market of Ukraine, and the product produced and sold in the EU by the Union producers have the same basic physical and technical characteristics and end uses. These products are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation.

               3.   LASTING NATURE OF CHANGED CIRCUMSTANCES

                     (16)

                     In accordance with Article 11(3) of the basic Regulation, it was examined whether the changed circumstances regarding dumping could be considered to be of a lasting nature.

                     (17)

                     During the original antidumping investigation in 2006, as well as in the most recent interim review investigation of Interpipe in 2012, covering the review investigation period from 1 October 2010 to 30 September 2011, the main raw material for the production of the product under review, i.e. round steel billets, was procured by Interpipe from independent suppliers.

                     (18)

                     In its request for a partial interim review, the applicant claimed that the vertical integration of LLC Metallurgical Plant ‘Dneprosteel’ in 2013 has led to in-house production of the key raw material (steel billets) leading to a significant cost reduction and change in product portfolio. The applicant also claimed that, in comparison with the product types produced and exported in the review investigation period of the last interim review investigation, i.e. ‘standard’ steel grade, it has now added new and more sophisticated products (‘high-alloy’, ‘line pipe and mechanical pipe’ grades) to its product portfolio, which represented an important share of the total exports to the EU during the current review investigation period from 1 April 2017 to 31 March 2018.

                     (19)

                     The investigation confirmed that the key raw material was produced in-house by the applicant and that this change resulted in a significant change in costs and in product portfolio. The investigation confirmed that the product types exported by Interpipe to the EU were to a very large extent different from those exported during the review investigation period of the last interim review investigation. On this basis and given the structural nature of these changes, it was concluded that the changes described in recital (17) were of a lasting nature and unlikely to change in the near future. Consequently, it was considered that the application of the existing measures at their current level should be reassessed.

                     (20)

                     A further change claimed by the applicant after the initiation of this review, i.e. the existence / setting up of a joint venture between Interpipe and Vallourec Tubes, was not taken into account since it took place after the initiation of the present interim review.

               4.   DUMPING

         4.1.1.   Company structure and methodology used for calculating dumping

                     (21)

                     During the review investigation period, Interpipe had two fully-owned and controlled exporting producers (‘the manufacturing entities’), LLC Interpipe Niko Tube (‘NIKO’) and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (‘NTRP’).

                     (22)

                     In the original investigation, as the accounting system of the applicant did not allow the identification of the relevant production company with respect to sales, a common dumping margin was calculated by aggregating all data relating to production, profitability and sales in the EU of the two producing entities.

                     (23)

                     As of the last interim review, following a marked change in the corporate structure of the group enabling the identification of the relevant production company with respect to sales and production and in accordance with Article 2(11) and (12) of the basic regulation, the Commission no longer aggregated the data for the production companies, but used the standard methodology. This standard methodology consisted in calculating one common dumping margin for the two exporting producers by first calculating the amount of dumping for each individual exporting producer before determining a single weighted average rate of dumping for both companies.

                     (24)

                     In the current investigation it was also possible to identify the relevant production company with respect to sales. Thus, in accordance with Article 2(11) and (12) of the basic regulation and in line with the Union institutions' consistent practice, the same methodology as in the last interim review was applied.

               4.1.2.   Normal value

                     (25)

                     In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether each of the exporting producers' total volume of domestic sales of the like product to independent customers was representative in comparison with its total volume of export sales to the EU, i.e. whether the total volume of such sales represented at least 5 % of the total volume of export sales of the product under review to the EU. The examination established that the domestic sales were representative for both exporting producers.

                     (26)

                     The Commission then examined whether the domestic sales of Interpipe on its domestic market for the product type that is identical or comparable with the product type sold for export to the Union were representative, in accordance with Article 2(2) of the basic Regulation. The domestic sales of a product type are representative if the total volume of domestic sales of that product type to independent customers during the investigation period represents at least 5 % of the total volume of export sales of the identical or comparable product type to the Union. The Commission established that the domestic sales of the product type identical or comparable with the product type sold for export to the Union were to a large extent representative during the investigation period as 60 to 80 % (12) of the exported models were found to be sold in representative quantities on the domestic market.

                     (27)

                     In accordance with Article 2(4) of the basic Regulation, it was subsequently examined whether the domestic sales of each product type that had been sold in representative quantities could be regarded as being made in the ordinary course of trade. This was done by establishing the proportion of profitable domestic sales to independent customers on the domestic market for each exported type of the product under review during thereview investigation period.

                     (28)

                     For those product types where more than 80 % by volume of sales on the domestic market of the product type 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.

                     (29)

                     Where the volume of profitable sales of a product type represented 80 % or less of the total sales volume of that product type, or where the weighted average price of that product type was below the unit cost of production, the 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.

                     (30)

                     The analysis of domestic sales showed that 35 to 55 % (13) of all domestic sales of the product type that were identical or comparable with the product type sold for export to the Union were profitable and that the weighted average sales price was higher than the cost of production. Accordingly, the normal value was calculated as a weighted average of the profitable sales only.

                     (31)

                     The normal value for the non-representative product types (i.e. those of which domestic sales constituted less than 5 % of export sales to the EU or were not sold at all in the domestic market) was calculated on the basis of the cost of manufacturing per product type plus an amount for selling, general and administrative costs and for profits. In case of existing domestic sales, the profit of transactions in the ordinary course of trade on the domestic market per product type for the product types concerned was used. In case of no domestic sales, an average profit was used (14).

                     (32)

                     Following the final disclosure, the Interpipe Group contested some of the elements used by the Commission in the calculation of the normal value. The claims pertained to the following issues: (i) calculation of SG&A; (ii) the alleged exclusion of other operating costs; (iii) use of financial costs; (iv) double counting in respect of the adjustments of SG&A costs.

                     (33)

                     After reviewing the elements on the file, the Commission decided to accept the above claims (ii) and (iv) and reject the above claims (i) and (iii). Due to the confidential nature of business information contained in Interpipe Group's claims and the Commissions analysis of these arguments, the Commission provided Interpipe Group with an additional disclosure on the adoption date of this regulation, containing a detailed reasoning.

                     (34)

                     Having accepted claims (ii) and (iv), the Commission revised Interpipe's dumping margin. The company was provided with an additional disclosure describing the impact on the dumping margin and was invited to comment. The Commission also informed the EU industry of the changes in the company's dumping margin.

                     (35)

                     Following the additional disclosure, Interpipe maintained the claims which the Commission had rejected, without adding any new elements which could change the Commission's conclusions disclosed to the company.

               4.1.3.   Export price

                     (36)

                     Export sales of the product under review to the EU involved various entities within the Interpipe group; i.e. the plants, a coordination company based in Ukraine (‘Interpipe Ukraine’ or ‘IPU’), a related importer based in Germany (‘Interpipe Central Trade GmbH’ or ‘IPCT’) and an affiliated trader based in Switzerland (‘Interpipe Europe SA’ or ‘IPE’).

                     (37)

                     The export price was established in accordance with Article 2(8) of the basic Regulation, except for transactions through the related company acting as an importer, IPCT. In this case, the export price was established on the basis of the price at which the imported product was first resold to independent customers in the EU in accordance with Article 2(9) of the basic Regulation. Thus, adjustments to the price were made for all costs incurred between importation and resale as well as for a reasonable profit. These adjustments were calculated on the basis of the selling, general and administrative costs of IPE and a notional profit as achieved by an unrelated importer (2,5 % of turnover).

               4.1.4.   Comparison

                     (38)

                     The normal value and the export price of the two exporting producers were compared on an ex-works basis. For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments were made in respect of transport, insurance, handling, loading and ancillary costs, import charges, customs duties, commissions and credit costs.

                     (39)

                     During the review investigation period, Interpipe exported the product under review to the EU through two different sales channels; i.e. through the same affiliated trader located in Switzerland as in the last interim review (IPE) and through an related importer company located in the EU (IPCT), established in 2014. The latter channel of distribution did not exist in the last interim review. Due to the confidential nature of business information contained in the Commissions analysis, the Commission provided Interpipe Group with an additional disclosure on the adoption date of this regulation, containing a detailed reasoning.

                     (40)

                     Consequently, the Commission considered that an adjustment under Article 2(10)(i) of the basic Regulation was warranted. This adjustment was calculated by deducting the selling, general and administrative costs of the affiliated trader, which were not reported as allowances, and a notional profit as achieved by an unrelated trader (2,5 % of turnover) from the selling price to the first unrelated customer.

                     (41)

                     Following the final disclosure, the Interpipe Group contested the Commission's conclusion not to treat IPE as part of a single economic entity together with the other entities NIKO, NTRP and IPU. After reviewing the elements on the file, the Commission decided to reject the this claim. As mentioned in recital (34) the company was provided with an additional disclosure describing the impact on the dumping margin and was invited to comment. In its response Interpipe maintained the claims which the Commission had rejected. No further comments were received in this regard.

                     (42)

                     Due to the confidential nature of business information contained in Interpipe Group's claim and the Commissions analysis of these arguments, the Commission provided Interpipe Group with an additional disclosure on the adoption date of this regulation, containing a detailed reasoning.

               4.1.5.   Dumping margin

                     (43)

                     Pursuant to Article 2(11) and (12) of the basic Regulation, the weighted average normal value was compared with the weighted average export price per product type on an ex-work basis separately for each of the two exporting producers. One common dumping margin was subsequently established for Interpipe by calculating a single weighted average rate of dumping for both exporting producers within Interpipe.

                     (44)

                     On this basis the dumping margin, expressed as a percentage of the CIF Union frontier price, duty unpaid, is 8,1 %.

                     (45)

                     Following the additional disclosure, ESTA submitted that the reduction of the dumping margin of Interpipe would create additional injury to the seamless steel tube industry in the EU. The Commission notes that, in accordance with Article 9(4) of the basic Regulation, the amount of anti-dumping duty cannot exceed the margin of dumping, which in this case was established at 8,1 %.

                     (46)

                     The Committee established by Article 15(1) of the basic regulation did not deliver an opinion,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The entry concerning LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (Interpipe NTRP) in the table of Article 1(2) of Implementing Regulation (EU) No 585/2012 shall be replaced by the following:

                           ‘LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky
                           Tube Rolling Plant (Interpipe NTRP)

                           8,1 %

                              A743’

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Regulation (EC) No 954/2006 of 27 June 2006 imposing definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and terminating the interim reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine (OJ L 175, 29.6.2006, p. 4).

            (3)  Judgment of 10 March 2009 in case T-249/06, Interpipe Niko Tube and Interpipe NTRP v Council, EU:T:2009:62.

            (4)  Judgment of 16 February 2012 in joined cases C-191/09 P and C-200/09 P, Council and Commission v Interpipe Niko Tube and Interpipe NTRP, EU:C:2012:78.

            (5)  Council Implementing Regulation (EU) No 540/2012 of 21 June 2012 amending Regulation (EC) No 954/2006 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine (OJ L 165, 26.6.2012, p. 1).

            (6)  Council Implementing Regulation (EU) No 585/2012 of 26 June 2012 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009, and terminating the expiry review proceeding concerning imports of certain seamless pipes and tubes, of iron or steel, originating in Croatia (OJ L 174, 4.7.2012, p. 5).

            (7)  Council Implementing Regulation (EU) No 795/2012 of 28 August 2012 amending Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 238, 4.9.2012, p. 1).

            (8)  Commission Implementing Regulation (EU) 2018/1469 of 1 October 2018 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 246, 2.10.2018, p. 20).

            (9)  Council Implementing Regulation (EU) No 1269/2012 of 21 December 2012 amending Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless steel pipes, of iron or steel, originating, inter alia, in Russia, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 357, 28.12.2012, p. 1).

            (10)  OJ C 159, 7.5.2018, p. 18.

            (11)  The CEV shall be determined in accordance with Technical Report, 1967, IIW doc. IX-555-67, published by the International Institute of Welding (IIW).

            (12)  The exact figure is not provided as this is the company specific data.

            (13)  The exact figure is not provided as this is the company specific data.

            (14)  This change in methodology is due to the fact that following the original investigation, a WTO Panel issued, and the WTO Dispute Settlement Body adopted, the report in case European Communities — Anti-dumping Measure on Farmed Salmon from Norway, which provides that the actual profit margin established for the transactions in the ordinary course of trade of the relevant product types for which normal value has to be constructed cannot be disregarded. See WT/DS337/R of 16 November 2007 — adopted by the Dispute Settlement Body on 15 January 2008, para 7.289 to 7.319.


title: Commission Implementing Regulation (EU) 2019/1321 of 23 July 2019 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication ‘Contea di Sclafani’ (PDO)

text:
                  6.8.2019

                  EN

                  Official Journal of the European Union

                  L 206/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1321
         of 23 July 2019
         approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication ‘Contea di Sclafani’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     The Commission has examined the application for the approval of an amendment to the specification for the Protected Designation of Origin ‘Contea di Sclafani’, sent by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013. The changes include a change of name from ‘Contea di Sclafani’ to ‘Contea di Sclafani’/‘Valledolmo — Contea di Sclafani’.

                     (2)

                     The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).

                     (3)

                     No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

                     (4)

                     The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Contea di Sclafani’ (PDO) is hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 23 July 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 76, 1.3.2019, p. 3.


title: Commission Implementing Regulation (EU) 2019/1322 of 26 July 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘El Vicario’ (PDO)

text:
                  6.8.2019

                  EN

                  Official Journal of the European Union

                  L 206/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1322
         of 26 July 2019
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘El Vicario’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     Pursuant to Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission examined Spain's application to register the name ‘El Vicario’ and published it in the Official Journal of the European Union (2).

                     (2)

                     No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

                     (3)

                     In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘El Vicario’ should be protected and entered in the register referred to in Article 104 of that Regulation.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘El Vicario’ (PDO) is hereby protected.

            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, 26 July 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 106, 20.3.2019, p. 12.


title: Commission Implementing Regulation (EU) 2019/1323 of 2 August 2019 on exceptional market support measures for the eggs and poultrymeat sectors in Italy

text:
                  6.8.2019

                  EN

                  Official Journal of the European Union

                  L 206/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1323
         of 2 August 2019
         on exceptional market support measures for the eggs and poultrymeat sectors in Italy
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 220(1)(a) thereof,
         Whereas:

                     (1)

                     Between 1 October 2017 and 30 June 2018, 45 outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by Italy. The species affected are ducks, turkeys, Guinea fowls and Gallus domesticus.

                     (2)

                     Italy immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Council Directive 2005/94/EC (2).

                     (3)

                     In particular, Italy took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2017/1845 (3), (EU) 2017/1930 (4), (EU) 2017/1969 (5), (EU) 2017/2000 (6), (EU) 2017/2175 (7), (EU) 2017/2289 (8), (EU) 2017/2412 (9), (EU) 2018/342 (10), (EU) 2018/418 (11) and (EU) 2018/510 (12).

                     (4)

                     Italy informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council (13).

                     (5)

                     On 28 January 2019, the Commission received a formal request from Italy for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for the outbreaks confirmed between 1 October 2017 and 30 June 2018. On 19 February 2019, 28 February 2019, 1 April 2019, 30 May 2019 and 12 June 2019 Italian authorities clarified and documented their request.

                     (6)

                     As a result of the animal health and veterinary measures referred to in recital 3, fallowing periods were prolonged, placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones established following outbreaks of highly pathogenic avian influenza of subtype H5. This concerned the following species: ducks, turkeys, Guinea fowls and Gallus domesticus. This led to a loss of production of hatching eggs, consumption eggs, live animals and poultry meat in these holdings. It is therefore appropriate to compensate losses due to destroyed and processed eggs as well as non-produced animals, longer rearing or culling.

                     (7)

                     In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by Italy for the exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request related to outbreaks confirmed between 1 October 2017 and 30 June 2018 received from Italy.

                     (8)

                     To avoid any risk of overcompensation, the flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to categories.

                     (9)

                     To avoid any risk of double funding, losses suffered should not have been compensated by state aid or insurance and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

                     (10)

                     The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of eggs and poultry in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and Italian legislation relevant to the 45 outbreaks of highly pathogenic avian influenza confirmed between 1 October 2017 and 30 June 2018, and to the respective regulated zones.

                     (11)

                     To ensure flexibility in case the numbers of eggs or animals eligible for compensation differ from the maximum numbers set in this Regulation which are based on estimates, compensation may be adjusted within certain limits, as long as the maximum amount of expenditure part-financed by the Union is respected.

                     (12)

                     For the sake of a sound budgetary management of these exceptional market support measures, only those payments made by Italy to beneficiaries by 30 September 2020 at the latest, should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (14) should not be applicable.

                     (13)

                     In order to ensure the eligibility and the correctness of the payments, Italy should carry out ex-ante checks.

                     (14)

                     To allow the Union to perform its financial control, Italy should communicate to the Commission the clearance of payments.

                     (15)

                     In order to ensure an immediate implementation of the measures laid down in this Regulation by Italy, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (16)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Italy to support the market of hatching eggs, consumption eggs and poultry meat seriously affected by the 45 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Italy between 1 October 2017 and 30 June 2018.

            Article 2
            Expenditure borne by Italy shall be eligible for Union part-financing only:

                        (a)

                        for the duration of the application of animal health and veterinary measures referred to in Union and Italian legislation listed in the Annex and related to the period laid down in Article 1; and

                        (b)

                        for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in Union and Italian legislation listed in the Annex (‘the regulated zones’); and

                        (c)

                        if it has been paid by Italy to the beneficiaries by 30 September 2020 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply; and

                        (d)

                        if the animal or product, for the period referred to in point (a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

            Article 3

               1.   The maximum amount of Union part-financing shall be EUR 32 147 498, detailed as follows:

                           (a)

                           for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:

                                       (i)

                                       EUR 0,1050 per hatching egg falling within the CN code 0407 11 00, destructed, up to a maximum of 406 355 eggs,

                                       (ii)

                                       EUR 0,07 per hatching egg falling within the CN code 0407 11 00, processed into egg products, up to a maximum of 18 211 121 eggs,

                                       (iii)

                                       EUR 0,0167 per egg falling within the CN code 0407 11 00, processed into egg products up to a maximum of 28 730 220 eggs,

                                       (iv)

                                       EUR 0,064 per week per broiler falling within the CN code 0105 94 00 up to a maximum of 50 390 617 animals,

                                       (v)

                                       EUR 0,13 per week per cage laying hen falling within the CN code 0105 94 00 up to a maximum of 391 246 animals,

                                       (vi)

                                       EUR 0,17 per week per barn laying hen falling within the CN code 0105 94 00 up to a maximum of 1 933 867 animals,

                                       (vii)

                                       EUR 0,045 per week per cage pullet falling within the CN code 0105 94 00 up to a maximum of 185 900 animals,

                                       (viii)

                                       EUR 0,055 per week per barn pullet falling within the CN code 0105 94 00 up to a maximum of 265 136 animals,

                                       (ix)

                                       EUR 0,194 per week per fattening duck falling within the CN code 0105 99 10 up to a maximum of 140 000 animals,

                                       (x)

                                       EUR 0,13 per week per female fattening turkey falling within the CN code 0105 99 30 up to a maximum of 3 263 749 animals,

                                       (xi)

                                       EUR 0,215 per week per male fattening turkey falling within the CN code 0105 99 30 up to a maximum of 6 140 730 animals,

                                       (xii)

                                       EUR 0,1475 per week per Guinea fowl falling within the CN code 0105 99 50 up to a maximum of 392 869 animals;

                           (b)

                           for losses related to the adjustment of rearing period due to transfer ban in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,115 per week per standard pullet falling within the CN code 0105 94 00 up to a maximum of 323 784 animals,

                                       (ii)

                                       EUR 0,12 per week per standard broiler falling within the CN code 0105 94 00 up to a maximum of 5 600 animals,

                                       (iii)

                                       EUR 3,06 per over-sized capon falling within the CN code 0105 94 00 up to a maximum of 2 000 animals,

                                       (iv)

                                       EUR 1,0534 per turkey falling within the CN code 0105 99 30 up to a maximum of 11 021 animals,

                                       (v)

                                       EUR 0,5627 per week per over-sized young turkey falling within the CN code 0105 99 30 up to a maximum of 12 662 animals;

                           (c)

                           for culling of poultry in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,19 per chicken falling within the CN code 0105 11 19 up to a maximum of 40 908 animals,

                                       (ii)

                                       EUR 0,2015 per rural chicken falling within the CN code 0105 11 19 up to a maximum of 1 455 308 animals,

                                       (iii)

                                       EUR 0,565 per female turkey falling within the CN code 0105 12 00 up to a maximum of 847 257 animals,

                                       (iv)

                                       EUR 1,03 per male turkey falling within the CN code 0105 12 00 up to a maximum of 586 923 animals;

                           (d)

                           for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,135 per week per broiler falling within the CN code 0105 94 00 up to a maximum of 1 621 820 animals,

                                       (ii)

                                       EUR 1,185 per week per turkey falling within the CN code 0105 99 30 up to a maximum of 128 689 animals.

               2.   Where the number of eggs or animals eligible for compensation exceeds the maximum number of eggs or animals per item set in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers per item, provided that the total of adjustments remains below 10 % of the maximum amount of expenditure part-financed by the Union referred to in paragraph 1.

            Article 4
            Italy shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (15).
            In particular, Italy shall verify:

                        (a)

                        the eligibility of the applicant submitting the request for support;

                        (b)

                        for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

                        (c)

                        that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2 of this Regulation.

                  For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks.
            In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.

            Article 5
            Italy shall communicate to the Commission the clearance of payments.

            Article 6
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

            (3)  Commission Implementing Decision (EU) 2017/1845 of 11 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 262, 12.10.2017, p. 7).

            (4)  Commission Implementing Decision (EU) 2017/1930 of 20 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 272, 21.10.2017, p. 18).

            (5)  Commission Implementing Decision (EU) 2017/1969 of 27 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 279, 28.10.2017, p. 56).

            (6)  Commission Implementing Decision (EU) 2017/2000 of 6 November 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 289, 8.11.2017, p. 9).

            (7)  Commission Implementing Decision (EU) 2017/2175 of 21 November 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 306, 22.11.2017, p. 31).

            (8)  Commission Implementing Decision (EU) 2017/2289 of 11 December 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 328, 12.12.2017, p. 126).

            (9)  Commission Implementing Decision (EU) 2017/2412 of 20 December 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 342, 21.12.2017, p. 29).

            (10)  Commission Implementing Decision (EU) 2018/342 of 7 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 65, 8.3.2018, p. 43).

            (11)  Commission Implementing Decision (EU) 2018/418 of 16 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 75, 19.3.2018, p. 27).

            (12)  Commission Implementing Decision (EU) 2018/510 of 26 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 83, 27.3.2018, p. 16).

            (13)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

            (14)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

            (15)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

            ANNEX

               Regulated zones and periods as referred to in Article 2

            Parts of Italy and periods established in accordance with Directive 2005/94/EC and defined in:

                        —

                        Commission Implementing Decision (EU) 2017/1845 of 11 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 262, 12.10.2017, p. 7),

                        —

                        Commission Implementing Decision (EU) 2017/1930 of 20 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 272, 21.10.2017, p. 18),

                        —

                        Commission Implementing Decision (EU) 2017/1969 of 27 October 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 279, 28.10.2017, p. 56),

                        —

                        Commission Implementing Decision (EU) 2017/2000 of 6 November 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 289, 8.11.2017, p. 9),

                        —

                        Commission Implementing Decision (EU) 2017/2175 of 21 November 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 306, 22.11.2017, p. 31),

                        —

                        Commission Implementing Decision (EU) 2017/2289 of 11 December 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 328, 12.12.2017, p. 126),

                        —

                        Commission Implementing Decision (EU) 2017/2412 of 20 December 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 342, 21.12.2017, p. 29),

                        —

                        Commission Implementing Decision (EU) 2018/342 of 7 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 65, 8.3.2018, p. 43),

                        —

                        Commission Implementing Decision (EU) 2018/418 of 16 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 75, 19.3.2018, p. 27),

                        —

                        Commission Implementing Decision (EU) 2018/510 of 26 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 83, 27.3.2018, p. 16),

                        —

                        Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 1 October 2017 and 30 June 2018.


title: Commission Implementing Regulation (EU) 2019/1324 of 5 August 2019 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 as a feed additive for chickens for fattening or reared for laying, turkeys for fattening or reared for breeding, minor poultry species for fattening or reared for laying or for breeding, weaned piglets, pigs for fattening and minor porcine species (holder of authorisation Puratos) (Text with EEA relevance.)

text:
                  6.8.2019

                  EN

                  Official Journal of the European Union

                  L 206/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1324
         of 5 August 2019
         concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 as a feed additive for chickens for fattening or reared for laying, turkeys for fattening or reared for breeding, minor poultry species for fattening or reared for laying or for breeding, weaned piglets, pigs for fattening and minor porcine species (holder of authorisation Puratos)
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003, applications were submitted for the authorisation of a preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis (LMG S-27588). Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation.

                     (3)

                     Those applications concern the authorisation of a preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 as a feed additive for chickens for fattening or reared for laying, turkeys for fattening or reared for breeding, minor poultry species for fattening or reared for laying or for breeding, weaned piglets, pigs for fattening and minor porcine species, to be classified in the additive category ‘zootechnical additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 July 2017 (2) and of 23 January 2019 (3) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 does not have an adverse effect on animal health, consumer safety or the environment. It was also concluded that the additive is considered as a potential respiratory sensitiser and that no conclusion could be drawn on dermal sensitisation potential by the additive. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority also concluded that the additive showed improvements of zootechnical performance in chickens for fattening, turkeys for fattening or reared for breeding, weaned piglets and pigs for fattening. The Authority considered that these conclusions can be extrapolated to chickens reared for laying, minor growing poultry species and minor porcine species weaned and for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of the preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (6)

                     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
            The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition as set out in the Annex.

            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, 5 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  EFSA Journal 2017;15(7):4941.

            (3)  EFSA Journal 2019;17(2):5609; EFSA Journal 2019;17(2):5610.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: digestibility enhancers.

                        4a30

                        Puratos

                        Endo-1,4-beta-xylanase
                        EC 3.2.1.8

                           Additive composition:

                        Preparation of endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588 having a minimum activity of: 500 ADXU (1)/g
                        Solid form and liquid form

                           Characterisation of the active substance:

                        Endo-1,4-beta-xylanase produced by Bacillus subtilis LMG S-27588

                           Analytical method
                            (2)

                        For the quantification of endo-1,4-beta-xylanase activity in the feed additive:

                                    —

                                    colorimetric method measuring reducing sugars released by action of endo-1,4-beta-xylanase on beechwood xylan substrate in the presence of 3,5-dinitrosalicylic acid (DNS).

                              For the quantification of endo-1,4-beta-xylanase activity in premixtures and feedingstuffs:

                                    —

                                    colorimetric method measuring water soluble dye released by action of endo-1,4-beta-xylanase from azurine cross-linked arabinoxylan substrates.

                        Chickens for fattening or reared for laying
                        Turkeys for fattening or reared for breeding
                        Minor poultry species for fattening or reared for laying or breeding

                        —

                        100 ADXU

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing and skin protection.

                        26 August 2029

                        Weaned piglets
                        Pigs for fattening
                        Minor porcine species for fattening

               (1)  One ADXU is the amount of enzyme which liberates one micromole of reducing sugars (xylose equivalent) per minute from beechwood xylan at pH 6,0 and 70 °C.

               (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2019/1346 of 8 August 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pomodoro S. Marzano dell'Agro Sarnese-Nocerino’ (PDO))

text:
                  14.8.2019

                  EN

                  Official Journal of the European Union

                  L 213/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1346
         of 8 August 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pomodoro S. Marzano dell'Agro Sarnese-Nocerino’ (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)

                     By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Pomodoro S. Marzano dell'Agro Sarnese-Nocerino’, registered under Commission Regulation (EC) No 1263/96 (2), as amended by Commission Regulation (EU) No 1164/2010 (3). These amendments include changing the name ‘Pomodoro S. Marzano dell'Agro Sarnese-Nocerino’ to ‘Pomodoro San Marzano dell'Agro Sarnese-Nocerino’.

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4) as required by Article 50(2)(a) of that Regulation.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Pomodoro S. Marzano dell'Agro Sarnese-Nocerino’ (PDO) 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, 8 August 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92 (OJ L 163, 2.7.1996, p. 19).

            (3)  Commission Regulation (EU) No 1164/2010 of 9 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pomodoro S. Marzano dell'Agro Sarnese-Nocerino (PDO)) (OJ L 326, 10.12.2010, p. 66).

            (4)  OJ C 138, 15.4.2019, p. 2.


title: Commission Implementing Regulation (EU) 2019/1350 of 12 August 2019 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Absinthe de Pontarlier’)

text:
                  19.8.2019

                  EN

                  Official Journal of the European Union

                  L 215/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1350
         of 12 August 2019
         registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Absinthe de Pontarlier’)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), and in particular Article 30(2) thereof,
         Whereas:

                     (1)

                     In accordance with Article 17(5) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (2), the Commission has examined France's application of 16 April 2014 for the registration of the geographical indication ‘Absinthe de Pontarlier’.

                     (2)

                     After concluding that the application complied with Regulation (EC) No 110/2008, the Commission published the main specifications of the technical file in the Official Journal of the European Union (3) as required by Article 17(6) of that Regulation.

                     (3)

                     No statement of objection has been received by the Commission under Article 17(7) of Regulation (EC) No 110/2008.

                     (4)

                     Regulation (EU) 2019/787, which replaces Regulation (EC) No 110/2008, entered into force on 25 May 2019. In accordance with Article 49(1) of that Regulation, Chapter III of Regulation (EC) No 110/2008 on geographical indications is repealed with effect from 8 June 2019. The Protection Regulation should therefore be adopted in accordance with the new Regulation.

                     (5)

                     The indication ‘Absinthe de Pontarlier’ should therefore be registered as a geographical indication.

                     (6)

                     The geographical indication ‘Absinthe de Pontarlier’ should be protected as a whole, whereas the term ‘absinthe’ may continue to be used in labelling and presentations within the territory of the Union provided that the principles and rules applicable in its legal order are complied with.

               HAS ADOPTED THIS REGULATION:

            Article 1
            The geographical indication ‘Absinthe de Pontarlier’ is registered. In accordance with Article 30(4) of Regulation (EU) 2019/787, the present Regulation confers on the name ‘Absinthe de Pontarlier’ the protection referred to in Article 21 of Regulation (EU) 2019/787.

            Article 2
            The geographical indication ‘Absinthe de Pontarlier’ is protected as a whole, whereas the term ‘absinthe’ may continue to be used in labelling and presentations within the territory of the Union provided that the principles and rules applicable in its legal order are complied with.

            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, 12 August 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

            (1)  OJ L 130, 17.5.2019, p. 1.

            (2)  Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

            (3)  OJ C 110, 23.3.2018, p. 35.


title: Commission Implementing Regulation (EU) 2019/1674 of 27 September 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Beurre d’Isigny (PDO)

text:
                  8.10.2019

                  EN

                  Official Journal of the European Union

                  L 257/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1674
         of 27 September 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Beurre d’Isigny’ (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 ‘Beurre d’Isigny’, registered under Commission Regulation (EC) No 1107/96 (2).

                     (2)

                     By letter of 16 October 2017, the French authorities notified the Commission that a transitional period under Article 15(4) of Regulation (EU) No 1151/2012, ending on 31 December 2022, had been granted to ten operators who are established on their territory and meet the conditions laid down in that Article pursuant to the Order of 12 September 2017 on amendments to the specifications for the protected designations of origin ‘Beurre d’Isigny’ and ‘Crème d’Isigny’, published on 20 September 2017 in the Official Journal of the French Republic. By letter of 26 September 2018, the same authorities submitted the text of a new Order of 30 August 2018 amending the Order of 12 September 2017 and including the names of those operators. During the national opposition procedure, the operators, who had been legally marketing ‘Beurre d’Isigny’ continuously for at least five years prior to submission of the application, lodged an objection. Six operators objected to the following provision: ‘Each lactating cow must be allocated at least 0,35 hectares of meadow (natural, temporary or annual), of which at least 0,2 hectares are pasture, or at least 0,1 hectares are pasture supplemented with hay.’ The operators in question are: GAEC des Normandes (SIRET: 38531072700016), GAEC des Quesnel (SIRET: 41022988100011), GAEC du Chalet (SIRET: 34005162200017), GAEC de la Cour des Mares (SIRET: 34897314000026), GAEC du Hameau (SIRET: 38259121200016) and GAEC du Petit Flot (SIRET: 43783781800016). Two operators objected to the following provision: ‘For the minimum period of 7 months when the cows are put out to pasture, on average at least 40 % of the feed ration, expressed as dry matter, must consist of fresh grass or hay.’ The operators in question are: EARL des Clôtures (SIRET: 51075733900013) and GAEC du Clos Roset (SIRET: 48310227300016). Two operators objected to the following provision: ‘For the rest of the year (non-grazing period), the proportion (of fresh grass or hay) in the daily feed ration may not be less than 20 %, expressed as dry matter.’ The operators in question are: GAEC de la Ronchette (SIRET: 49754563200018) and GAEC du Village Culot.

                     (3)

                     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.

                     (4)

                     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 ‘Beurre d’Isigny’ (PDO) are hereby approved.

            Article 2
            The protection provided under Article 1 is subject to the transitional period granted by France under Article 15(4) of Regulation (EU) No 1151/2012 to operators meeting the conditions laid down in that Article, pursuant to the Orders of 12 September 2017 and 30 August 2018 on amendments to the specifications for the protected designations of origin ‘Beurre d’Isigny’ and ‘Crème d’Isigny’ published, on 20 September 2017 and 6 September 2018 respectively, in the Official Journal of the French Republic.

            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, 27 September 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

            (3)  OJ C 177, 23.5.2019, p. 14.