title: Commission Implementing Regulation (EU) 2020/21 of 14 January 2020 amending Implementing Regulation (EU) No 79/2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax

text:
                  15.1.2020

                  EN

                  Official Journal of the European Union

                  L 11/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/21
         of 14 January 2020
         amending Implementing Regulation (EU) No 79/2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (1), and in particular Article 47l(c) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) No 79/2012 (2) provides in point (d) of Article 7(2) that the Commission shall make a web portal available for Member States that choose to publish among others the tax rate applicable for supplies of telecommunication, broadcasting and electronically supplied services referred to in the second paragraph of Article 47 of Regulation (EU) No 904/2010.

                     (2)

                     Chapter 6 of Title XII of Council Directive 2006/112/EC (3) provides for special schemes for taxable persons supplying certain services. That Chapter was amended by Council Directive (EU) 2017/2455 (4) and its scope was extended to supplies of services to non-taxable persons and distance sales of goods.

                     (3)

                     In order to take into account the extended scope of the special schemes of Chapter 6 of Title XII of Directive 2006/112/EC, Regulation (EU) No 904/2010 was amended by Regulation (EU) 2017/2454 (5) and Article 47g was inserted.

                     (4)

                     Implementing Regulation (EU) No 79/2012 should therefore be amended to reflect this change to Regulation (EU) No 904/2010.

                     (5)

                     In order for this Regulation to apply from the same date as the amended provisions of Chapter 6 of Title XII of Directive 2006/112/EC and Article 47g of Regulation (EU) No 904/2010, this Regulation should apply from 1 January 2021.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Administrative Cooperation,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Point (d) of Article 7(2) of Implementing Regulation (EU) No 79/2012 is replaced by the following:

                        ‘(d)

                        as from 1 January 2021, the tax rates applicable to supplies of goods and services in accordance with the special schemes provided for in Chapter 6 of Title XII of Directive 2006/112/EC referred to in the second paragraph of Article 47g of Regulation (EU) No 904/2010.’.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 12.10.2010, p. 1.

            (2)  Commission Implementing Regulation (EU) No 79/2012 of 31 January 2012 laying down detailed rules for implementing certain provisions of Council Regulation (EU) No 904/2010 concerning administrative cooperation and combating fraud in the field of value added tax (OJ L 29, 1.2.2012, p. 13).

            (3)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax; OJ L 347, 11.12.2006, p. 1.

            (4)  Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods (OJ L 348, 29.12.2017, p. 7).

            (5)  Council Regulation (EU) 2017/2454 of 5 December 2017 amending Regulation (EU) No 904/2010 on administrative cooperation and combating fraud in the field of value added tax (OJ L 348, 29.12.2017, p. 1).


title: Commission Implementing Regulation (EU) 2020/43 of 17 January 2020 amending Regulation (EU) No 37/2010 to classify the substance ciclesonide as regards its maximum residue limit (Text with EEA relevance)

text:
                  20.1.2020

                  EN

                  Official Journal of the European Union

                  L 15/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/43
         of 17 January 2020
         amending Regulation (EU) No 37/2010 to classify the substance ciclesonide as regards its maximum residue limit
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
         Having regard to the opinion of the European Medicines Agency formulated on 21 February 2019 by the Committee for Medicinal Products for Veterinary Use,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     The substance ciclesonide is not included in that table.

                     (4)

                     An application for the establishment of MRLs for ciclesonide in equidae has been submitted to the European Medicines Agency (‘EMA’).

                     (5)

                     The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended the establishment of an MRL for ciclesonide in equidae tissues, excluding animals producing milk for human consumption.

                     (6)

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

                     (7)

                     The EMA has considered that the extrapolation of the MRL for ciclesonide from equidae to other food-producing species is not appropriate at this time due to insufficient data.

                     (8)

                     Regulation (EU) No 37/2010 should therefore be amended accordingly.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

                        Pharmacologically active Substance

                        Marker residue

                        Animal Species

                        MRLs

                        Target Tissues

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

                        Therapeutic Classification

                        ‘Ciclesonide

                        The sum of ciclesonide and desisobutyryl-ciclesonide, measured as desisobutyryl-ciclesonide after hydrolysis of ciclesonide to desisobutyryl-ciclesonide

                           Equidae

                        0,6 μg/kg
                        4 μg/kg
                        0,6 μg/kg
                        0,6 μg/kg

                        Muscle
                        Fat
                        Liver
                        Kidney

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

                        Corticoides/Glucocorticoides’


title: Commission Implementing Regulation (EU) 2020/42 of 17 January 2020 amending Regulation (EU) No 37/2010 to classify the substance bambermycin as regards its maximum residue limit (Text with EEA relevance)

text:
                  20.1.2020

                  EN

                  Official Journal of the European Union

                  L 15/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/42
         of 17 January 2020
         amending Regulation (EU) No 37/2010 to classify the substance bambermycin as regards its maximum residue limit
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
         Having regard to the opinion of the European Medicines Agency formulated on 16 April 2019 by the Committee for Medicinal Products for Veterinary Use,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     The substance bambermycin is not included in that table.

                     (4)

                     An application for the establishment of MRLs for bambermycin in rabbit tissue has been submitted to the European Medicines Agency (‘EMA’).

                     (5)

                     The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended that the establishment of an MRL for bambermycin in rabbits is not necessary for the protection of human health.

                     (6)

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

                     (7)

                     The EMA has considered that the extrapolation of the ‘no MRL required’ classification for bambermycin from rabbit tissue to the tissue of other food-producing species is not appropriate at this time due to insufficient data.

                     (8)

                     Regulation (EU) No 37/2010 should therefore be amended accordingly.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

                        Pharmacologically active Substance

                        Marker residue

                        Animal Species

                        MRLs

                        Target Tissues

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

                        Therapeutic Classification

                        ‘Bambermycin

                        NOT APPLICABLE

                        Rabbit

                        No MRL required

                        NOT APPLICABLE

                        For oral use only

                        Anti-infectious agent/Antibiotics’


title: Commission Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97

text:
                  21.1.2020

                  EN

                  Official Journal of the European Union

                  L 16/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/45
         of 20 January 2020
         amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council 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) (‘the basic Regulation’), and in particular Article 11(2) thereof,
         Whereas:

                     (1)

                     By Regulation (EEC) No 2474/93 (2), the Council imposed a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China.

                     (2)

                     Council Regulation (EC) No 71/97 (3) extended the measures to imports of certain bicycle parts originating in the People’s Republic of China, following an anti-circumvention investigation. Extensions of measures following an anti-circumvention investigation remain in force as long as the original measures remain in force.

                     (3)

                     Commission Implementing Regulation (EU) 2019/1379 (4) prolonged the measures on imports of bicycles originating in the People’s Republic of China for another five years following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036. Since it did not explicitly mention the extension to certain bicycle parts, it should be clarified that the extension of measures is maintained also to imports of those bicycle parts originating in the People’s Republic of China.

                     (4)

                     Implementing Regulation (EU) 2019/1379 should be amended as well to clarify that the product under review falls under the CN codes indicated in that Regulation only at the moment it was published, and that changes in the CN have no impact on the measures.

                     (5)

                     Therefore, Implementing Regulation (EU) 2019/1379 should be amended accordingly.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2019/1379 is amended as follows:

                        (1)

                        Recital (37) is replaced by the following:

                                    ‘(37)

                                    The product subject to this review is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling under CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712007091, 8712007092 and 8712007099) (‘the product under review’ or ‘bicycles’)’

                        (2)

                        In Article 1, paragraph 1 is replaced by the following:

                           ‘1.   A definitive anti-dumping duty is hereby imposed on imports of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling under CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712007091, 8712007092 and 8712007099), originating in the People’s Republic of China.’

                        (3)

                        In Article 1, the following paragraph [4a] is inserted:

                           ‘4a.   The extension of the antidumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by the Council Regulation (EC) No 71/97, is hereby maintained.
                           The definitive anti-dumping duty referred to in Article 2(1) of the Council Regulation (EC) No 71/97 shall be the ‘all other companies’anti-dumping duty imposed by Article 1(2) herein.’

            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, 20 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Council Regulation (EEC) No 2474/93 of 8 September 1993 imposing a definitive anti-dumping duty on imports into the Community of bicycles originating in the People’s Republic of China and collecting definitively the provisional anti-dumping duty (OJ L 228, 9.9.1993, p. 1).

            (3)  Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (OJ L 16, 18.1.1997, p. 55).

            (4)  Commission Implementing Regulation (EU) 2019/1379 of 28 August 2019 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 225, 29.8.2019, p. 1).


title: Commission Implementing Regulation (EU) 2020/44 of 20 January 2020 making imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt subject to registration

text:
                  21.1.2020

                  EN

                  Official Journal of the European Union

                  L 16/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/44
         of 20 January 2020
         making imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt subject to registration
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 24(5) thereof,
         After informing the Member States,
         Whereas:

                     (1)

                     On 16 May 2019, the Commission announced, by a notice published in the Official Journal of the European Union (2) (‘the notice of initiation’), the initiation of an anti-subsidy proceeding with regard to imports into the Union of glass fibre fabrics (‘GFF’) originating in the People’s Republic of China (‘PRC’) and Egypt following a complaint lodged on 1 April 2019 by the complainant on behalf of producers representing more than 25 % of the total Union production of glass fibre fabrics (‘the complainant’).

                     (2)

                     This anti-subsidy investigation is conducted by the Commission in parallel with an anti-dumping-investigation covering the same products, which was initiated on 21 February 2019 (3).

               1.   PRODUCT SUBJECT TO REGISTRATION

                     (3)

                     The product subject to registration (‘the product concerned’) is fabrics of woven and/or stitched continuous filament glass fibre rovings and/or yarns with or without other elements, excluding products which are impregnated or pre-impregnated (pre-preg), and excluding open mesh fabrics with cells with a size of more than 1,8 mm in both length and width and weighing more than 35 g/m2, currently falling under CN codes ex 7019 39 00, ex 7019 40 00, ex 7019 59 00 and ex 7019 90 00 (TARIC codes 7019390080, 7019400080, 7019590080 and 7019900080). These CN and TARIC codes are given for information only (4).

               2.   REQUEST

                     (4)

                     On 31 July 2019, the complainant submitted a request for registration pursuant to Article 24(5) of the basic Regulation. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration.

                     (5)

                     On 21 November 2019, the complainant re-submitted a request for registration pursuant to Article 24(5) of the basic Regulation, with updated import figures (’second request for registration ’).

               3.   GROUNDS FOR REGISTRATION

                     (6)

                     According to Article 24(5) of the basic Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action.

                     (7)

                     According to the complainant, registration is justified as the product concerned is subsidised and significant injury to the Union industry, which is difficult to repair, is being caused by low-priced imports.

                     (8)

                     The Commission examined the request in the light of Article 16(4) of the basic Regulation. It assessed whether there are critical circumstances where, for the subsidised product in question, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies and whether it is deemed necessary to assess countervailing duties retroactively on those imports in order to preclude the recurrence of such injury.

               3.1.   Products benefitting from countervailing subsidies

                     (9)

                     As regards subsidisation, the Commission has at its disposal sufficient evidence that imports of the product concerned from the PRC and Egypt are being subsidised. The alleged subsidies consist, inter alia, of: direct transfers of funds within the meaning of Article 3(1)(a)(i) of the Basic Regulation; government revenue forgone or not collected, within the meaning of Article 3(1)(a)(ii) of the basic Regulation; and the provision of goods and services at less than adequate remuneration, within the meaning of Article 3(1)(a)(iii) of the basic Regulation.

                     (10)

                     It is alleged that those measures are subsidises since they involve a financial contribution from the Governments of the PRC and Egypt or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product concerned. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable.

                     (11)

                     The evidence of subsidisation was made available in the open version of the complaint and was further analysed in the memorandum on sufficiency of evidence.

                     (12)

                     Therefore, the available evidence at this stage tends to indicate that the exports of the product concerned are benefiting from countervailable subsidies.

               3.2.   Injury which is difficult to repair

                     (13)

                     The request for registration provides sufficient evidence of critical circumstances, where for the product concerned injury, which is difficult to repair, is caused by massive imports benefiting from countervailable subsidies in a relatively short period of time. Furthermore, in the second request for registration the complainant argued that the Union GFF industry is currently in the process of negotiating 2020 contracts with Union customers and that immediate registration is essential for them not to lose a large part of their 2020 business to the subsidised products.

                     (14)

                     The Commission has sufficient evidence that the exporting producers’ subsidization is causing material injury to the Union industry, which is difficult to repair. This evidence consists of detailed data, contained in the complaint and in the latest request for registration concerning the key injury factors set out in Article 8(4) of the basic Regulation. Evidence of such circumstances includes the rapid deterioration of the situation of the Union industry characterized by depressed profit margins that halved between 2015 and 30 September 2018 as well as a loss of market share of 5 percentage points during the same period. This deterioration coincided with the increased volume of imports from the PRC and Egypt and a decrease of their average import price by 13,5 %, that, between 1 October 2017 and 30 September 2018 was significantly undercutting Union industry’s prices by 37 % in case of the PRC and 26 % in case of Egypt, according to the complaint.

                     (15)

                     In addition, the Commission assessed whether the injury suffered was difficult to repair. Considering that the most important high volume users of GFF use lengthy processes to certify their suppliers, once they switch to a Chinese or Egyptian supplier it is unlikely for them to switch back to a Union producer in the short or even medium term. Such threat of permanent loss of market share or reduced income constitutes an injury which is difficult to repair. Furthermore, as argued in the second request for registration there is a clear risk that without action measures imposed in 2020, if any, would have been rendered ineffective to a significant extent with regard to 2020 market demand.

                     (16)

                     One exporting producer, one user and the China Chamber Of Commerce for Import & Export of Light Industrial Products & Arts-Crafts (‘CCCLA’) argued that the imports in question are not likely to seriously undermine the remedial effect of the definitive duty as the average unit price of imports had increased from 2018 to 2019.

                     (17)

                     However, according to Eurostat, adjusted according to the methodology explained in recitals (21) to (24) below, the Commission found that the average unit price of GFF from the PRC and Egypt has dropped from 1,78 EUR/kg in 2015 to 1,54 EUR/kg in the investigation period of this investigation (1 January to 31 December 2018) (‘the investigation period’). After the initiation of the investigation, between the end of February 2019 and September 2019, the unit price went up to 1,57 EUR/kg; however, this is still lower than the average unit price in 2015, 2016 or 2017 and significantly below the non-injurious price established in the complaint. These parties did not explain how in the view of the evidence contained in the complaint that increase of unit price would make the imports in questions not likely to seriously undermine the remedial effect of the definitive duty. This claim was therefore rejected.

               3.3.   Massive imports in a relatively short period of time

                     (18)

                     In the request for registration the complainant used Eurostat import statistics in order to demonstrate the magnitude of imports from the PRC and Egypt and how their average import price developed.

                     (19)

                     One exporting producer, one user and the CCCLA argued that the request did not provide sufficient evidence required by Article 24(5) of the basic Regulation by wrongly adjusting and comparing the most recent import data to previous import statistics to show an increase of imports. They further argued that import data from China and Egypt should be analysed separately.

                     (20)

                     The Commission noted that the request for registration, based on the data available to the complainant at the time of filing, contained sufficient evidence to justify such action. Also, the Commission noted that there is no provision in the basic Regulation stating that the data from each country should be analysed separately in cases where the subject imports are cumulated in accordance with Article 8(3) of the basic Regulation. In any case, for its analysis the Commission relied on its own data and not those provided by the complainant, and the data was analysed for both countries separately and cumulatively.

                     (21)

                     The Commission found two specific issues that affect the methodology used to analyse the statistics in view of determining the value and volume of the GFF imported from the PRC and Egypt. The first relates to the CN codes, which the Commission took into consideration. The second issue relates to the TARIC codes, which the Commission considered under the relevant CN codes when analysing the data after initiation of the current investigation.

                     (22)

                     When it comes to the classification, the complainant argued that the vast majority of GFF is classified only under CN codes 7019 39 00 and 7019 40 00 (‘the two relevant CN codes’), whereas imports under CN codes 7019 59 00 and 7019 90 00 mainly include other products, thus they were not analysed in the complaint. Nevertheless, the complainant believed that the some imports of GFF may be declared under those codes and therefore they considered it necessary to include them in order to cover all imports of the product concerned. The Commission therefore initiated the case indicating all four CN codes under the product description in the Notice of initiation.

                     (23)

                     When analysing the imports, the complainant argued that the two most relevant CN codes also cover products other than GFF. Therefore, according to the complainant it was necessary to adjust the raw Eurostat data based on the market intelligence of the complainant and the companies supporting the complaint. The adjustment was relatively minor in the case of the PRC and unnecessary in the case of Egypt. The complainant’s estimates were confirmed by the replies received from exporting producers to the sampling forms and to the questionnaire.

                     (24)

                     Pursuant to Article 24(5a) of the basic Regulation, at initiation, the Commission created specific TARIC codes under each of the four CN codes for GFF (5). However, the investigation has shown that after the initiation of the investigation, importers of GFF predominantly used residual (‘catch-all’) TARIC codes under the two relevant CN codes (6) rather than the specific TARIC codes created for GFF. Faced with this situation, in its analysis the Commission used the data reported under TARIC codes created for GFF as well as the ‘catch all’ TARIC codes under the two relevant CN codes (7).

                     (25)

                     Since the parallel anti-dumping investigation mentioned in recital (2) concerns import of the same product form the same countries, the date of initiation of that case, namely 21 February 2019, should be considered as beginning of the post initiation period to assess the evolution of imports. Import volumes from countries concerned develop in the following manner:

                        Import volumes from countries concerned (tonnes)

                                 Country

                                 Monthly average (IP)

                                 Post initiation (8)

                                 Same period in the IP (9)

                                 Monthly average (post-initiation)

                                 Δ
                                 IP – post-initiation (total)

                                 Δ
                                 IP – post-initiation (monthly average)

                                 The PRC

                                 2 635

                                 33 334

                                 23 703

                                 3 704

                                 41 %

                                 41 %

                                 Egypt

                                 1 249

                                 12 522

                                 11 735

                                 1 391

                                 7 %

                                 11 %

                                 Countries concerned

                                 3 884

                                 45 856

                                 35 439

                                 5 095

                                 29 %

                                 31 %

                                    Source: Surveillance 2 database

               3.3.1.   Imports from the PRC

                     (26)

                     The complainant in its complaint provided evidence of massive imports of Chinese GFF into the Union between 1 January 2015 to 30 September 2018. Indeed, according to the complaint, during that period Chinese exporting producers had a market share of 17,8 % to 23,2 %. The average volume of monthly imports between March and November 2019 is around 41 % greater than that during the investigation period. The total quantity of Chinese GFF imported into the Union between March and November 2019 is 41 % greater than the total quantity imported during the same period in 2018.

               3.3.2.   Imports from Egypt

                     (27)

                     The complainant in its complaint provided evidence of massive imports of Egyptian GFF between 1 January 2015 to 30 September 2018 with an increase in volume of more than 14 000 % and market share going from 0 % in 2015 to around 8 % in 2018. The average volume of monthly imports between March and November 2019 is 11 % greater than that during the investigation period. The total quantity of GFF originating in Egypt imported into the Union between March and November 2019 is 7 % greater than the total quantity imported during the same period in 2018.

               3.3.3.   Imports from the PRC and Egypt cumulatively

                     (28)

                     The complainant in its complaint provided evidence of massive imports of Chinese and Egyptian GFF between 1 January 2015 to 30 September 2018 with an increase in volume of 33 % and market share going from 20,7 % in 2015 to 26 % in 2018. The average volume of monthly imports between March and November 2019 is 31 % greater than that during the investigation period. The total quantity of GFF originating in the PRC and Egypt imported into the Union between March and November 2019 is 29 % greater than the total quantity imported during the same period in 2018.

               3.3.4.   Conclusion on the evolution of imports

                     (29)

                     Based on the figures in recitals 26 and 27 the Commission concluded that massive increase of imports from Egypt and the PRC, both cumulatively and separately, is taking place. These increases, together with respective market shares of both exporting countries throughout the period considered, amount to massive imports in in a relatively short period of time, within the meaning of Article 16(4) of the basic Regulation.

               3.4.   Preclusion of recurrence of injury

                     (30)

                     Finally, given the considerations laid down in recitals (9) to (29), the Commission deemed it necessary to prepare the potential retroactive imposition of measures by imposing registration in order to preclude the recurrence of such injury. Indeed, the post-IP market conditions tend to confirm that the situation of the domestic industry is deteriorating due to the significant increase of subsidised imports at low prices.

               4.   PROCEDURE

                     (31)

                     Therefore, the Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration in accordance with Article 24(5) of the basic Regulation.

                     (32)

                     All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

               5.   REGISTRATION

                     (33)

                     Pursuant to Article 24(5) of the basic Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

                     (34)

                     At this stage of the investigation it is not yet possible to estimate the amount of subsidisation in the PRC and Egypt. The complaint does not provide for an accurate estimation of the amount of subsidisation, which should normally be used as the basis to establish the countervailing duties. The complaint only contains an estimation of the injury elimination level regarding October 2017 to September 2018 of 87 % for the PRC and 60 % for Egypt. In accordance with Article 15(1), fourth paragraph, of the basic Regulation, this estimated amount of liability would only be relevant in case a duty based on the amount of countervailable subsidies would be higher and the Commission clearly concludes that it is not in the Union’s interest to impose this higher duty.

               6.   PROCESSING OF PERSONAL DATA

                     (35)

                     Any personal data collected in the context of this registration will be treated in accordance with Regulation (EC) No 2018/1725 of the European Parliament and of the Council (10),

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The customs authorities are hereby directed, pursuant to Article 24(5) of Regulation (EU) 2016/1037, to take the appropriate steps to register imports into the Union of fabrics of woven and/or stitched continuous filament glass fibre rovings and/or yarns with or without other elements, excluding products which are impregnated or pre-impregnated (pre-preg), and excluding open mesh fabrics with cells with a size of more than 1,8 mm in both length and width and weighing more than 35 g/m2, currently falling under CN codes ex 7019 39 00, ex 7019 40 00, ex 7019 59 00 and ex 7019 90 00 (TARIC codes 7019390080, 7019400080, 7019590080 and 7019900080) and originating in the People’s Republic of China and Egypt.

               2.   Registration shall expire nine months following the date of entry into force of this Regulation.

               3.   All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 21 days from the date of publication of this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 20 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 176, 30.6.2016, p. 55.

            (2)  Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ C 167, 16.5.2019, p. 11).

            (3)  Notice of initiation of an anti-dumping proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ C 68, 21.2.2019, p. 29).

            (4)  Notice clarifying the notices of initiation of anti-dumping and anti-subsidy proceedings concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ C 314, 18.9.2019, p. 6).

            (5)  TARIC codes 7019390080; 7019400080; 7019590080; 7019900080.

            (6)  TARIC codes 7019390085; 7019400085.

            (7)  TARIC codes used for import data before the initiation of the investigation: 7019390090 and 7019400099; TARIC codes used for import data after the initiation of the investigation: 7019390080, 7019390085, 7019400080, and 7019400085.

            (8)  Post initiation of the anti-dumping case, namely March to November 2019

            (9)  March to November 2018

            (10)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


title: Commission Implementing Regulation (EU) 2020/94 of 22 January 2020 amending Implementing Regulation (EU) 2015/2078 as regards tariff quotas for poultrymeat originating in Ukraine and derogating from that Implementing Regulation for the quota year 2020

text:
                  23.1.2020

                  EN

                  Official Journal of the European Union

                  L 18/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/94
         of 22 January 2020
         amending Implementing Regulation (EU) 2015/2078 as regards tariff quotas for poultrymeat originating in Ukraine and derogating from that Implementing Regulation for the quota year 2020
         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 points (a) and (b) of the first subparagraph of Article 187 thereof,
         Whereas:

                     (1)

                     By Council Decision (EU) 2019/2145 (2), the Council approved, on behalf of the European Union, an Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’).

                     (2)

                     Commission Implementing Regulation (EU) 2015/2078 (3) provides for the opening and administration of Union import tariff quotas for poultry meat originating in Ukraine.

                     (3)

                     In accordance with the Agreement, the Union is to increase by 50 000 tonnes the tariff quota for meat and edible offal of poultry, fresh, chilled or frozen and for other prepared or preserved meat of turkeys and of fowls of the species Gallus domesticus concerning CN codes corresponding to order number 09.4273 set out in Implementing Regulation (EU) 2015/2078.

                     (4)

                     It is therefore appropriate to amend Implementing Regulation (EU) No 2015/2078 to take account of the tariff rate quota quantities to be made available pursuant to the Agreement.

                     (5)

                     The Agreement will enter into force as of 1 February 2020. For the quota year 2020, the additional quantities of poultry meat products for the tariff rate quota to be made available pursuant to the Agreement are to be calculated on a pro rata basis, taking into account the date of entry into force of the Agreement. As from the quota period commencing on 1 January 2021, the full annual quantities of poultry meat products under the Agreement should be available.

                     (6)

                     The additional quota quantity for poultry meat products allocated to Ukraine under the Agreement should be made available as from 1 February 2020, the date of entry into force of the Agreement. According to Article 2 of Implementing Regulation (EU) 2015/2078, the quota for poultry meat products allocated to Ukraine is administered on a quarterly basis.

                     (7)

                     According to Article 3(1) of Implementing Regulation (EU) 2015/2078, the application period for import rights is the first seven days of the month preceding each quarter. Therefore, for the subperiod covering 1 January to 31 March 2020, the application period will have already expired at the date of entry into force of the Agreement. Thus, an additional application period for import rights corresponding to the additional quota quantity under the Agreement for the period covering 1 February to 31 March 2020 should be set for the first seven days of February 2020.

                     (8)

                     Article 3(3) of Implementing Regulation (EU) 2015/2078 provides that applicants for import rights, when presenting their first application for a given quota year are to submit the proof that a quantity of poultry products falling under CN codes 0207, 0210 99 39, 1602 31, 1602 32 or 1602 39 21 has been imported by them under the relevant customs provisions (‘the reference quantity’) and that such proof is to relate to the 12 months’ period ending one month before their first application. At the date of entry into force of this Regulation, such proof of past imports will have been already submitted by applicants who submitted applications for import rights in December 2019 concerning a quarter of the original quantity of 19 200 tonnes made available in December 2019. However, the annual quantity for the 2020 quota year provided for by the Agreement is 65 033 tonnes. Therefore, there is a risk that the proof of past imports submitted by applicants for import rights in December 2019 do not take into account the increase in the quota quantities provided for by the Agreement. It is therefore appropriate to open, for those applicants who submitted proof of past imports in December 2019, an additional period for submission of additional proof of past imports.

                     (9)

                     Article 3(4) of Implementing Regulation (EU) 2015/2078 sets at 25 % of the applicant’s reference quantities the total quantity of products that an application for import rights may cover in each of the subperiods provided for in Article 2 of that Implementing Regulation. In order to apply a consistent framework to the additional application period opened by this Regulation, such a limit should also apply for the additional application period for import rights corresponding to the additional quota quantity under the Agreement for the period covering 1 February to 31 March 2020.

                     (10)

                     Implementing Regulation (EU) 2015/2078 should therefore be amended accordingly.

                     (11)

                     This Regulation should apply from the date of entry into force of the Agreement. Therefore, this Regulation should enter into force as a matter of urgency.

                     (12)

                     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
            Amendment to Implementing Regulation (EU) 2015/2078
            Annex I to Implementing Regulation (EU) 2015/2078 is replaced by the text set out in the Annex to this Regulation.

            Article 2
            Derogations from Implementing Regulation (EU) 2015/2078 for the quota year 2020

               1.   By way of derogation from Article 2 of Implementing Regulation (EU) 2015/2078, as regards the quota under order number 09.4273 set out in Annex I to that Implementing Regulation as amended by Article 1 of this Regulation, the additional quantity of 8 333 tonnes shall be made available covering the period from 1 February to 31 March 2020.

               2.   By way of derogation from Article 3(1) of Implementing Regulation (EU) 2015/2078, as regards the quota under order number 09.4273 set out in Annex I to that Implementing Regulation as amended by Article 1 of this Regulation, for the period from 1 February to 31 March 2020, applications for import rights covering the additional quantity referred to in paragraph 1, shall be submitted in the first seven days of February 2020.

               3.   By way of derogation from Article 3(3) of Implementing Regulation (EU) 2015/2078, applicants who applied for import rights in December 2019 may submit additional proof of the quantity of poultry products falling under CN codes 0207, 0210 99 39, 1602 31, 1602 32 or 1602 39 21 that has been imported by them or on their behalf under the relevant customs provisions during the period 1 November 2018 to 31 October 2019 included. Such additional proof of past imports shall be submitted in the first seven days of February 2020.

            Article 3
            Import rights applications submitted in February 2020
            The total quantity of products covered by the application for import rights submitted in February 2020 pursuant to Article 2(2) shall not exceed 25 % of the applicant’s reference quantity. For applicants who submitted additional proof in accordance with Article 2(3), the reference quantity shall be determined taking into account that additional proof.

            Article 4
            Entry into force and application
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 1 February 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 22 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Council Decision (EU) 2019/2145 of 5 December 2019 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 325, 16.12.2019, p. 41).

            (3)  Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 302, 19.11.2015, p. 63).

            ANNEX
            Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes. Where ‘ex’ CN codes are indicated, the application of the preferential scheme is to be determined on the basis of the CN code and corresponding description taken together.

                        Order number

                        CN codes

                        Description

                        Import period

                        Quantity in tonnes (net weight)

                        Duty applicable
                        (EUR/t)

                        09.4273

                        0207 11 30
                        0207 11 90
                        0207 12
                        0207 13 10
                        0207 13 20
                        0207 13 30
                        0207 13 50
                        0207 13 60
                        0207 13 70
                        0207 13 99
                        0207 14 10
                        0207 14 20
                        0207 14 30
                        0207 14 50
                        0207 14 60
                        0207 14 70
                        0207 14 99
                        0207 24
                        0207 25
                        0207 26 10
                        0207 26 20
                        0207 26 30
                        0207 26 50
                        0207 26 60
                        0207 26 70
                        0207 26 80
                        0207 26 99
                        0207 27 10
                        0207 27 20
                        0207 27 30
                        0207 27 50
                        0207 27 60
                        0207 27 70
                        0207 27 80
                        0207 27 99
                        0207 41 30
                        0207 41 80
                        0207 42
                        0207 44 10
                        0207 44 21
                        0207 44 31
                        0207 44 41
                        0207 44 51
                        0207 44 61
                        0207 44 71
                        0207 44 81
                        0207 44 99
                        0207 45 10
                        0207 45 21
                        0207 45 31
                        0207 45 41
                        0207 45 51
                        0207 45 61
                        0207 45 81
                        0207 45 99
                        0207 51 10
                        0207 51 90
                        0207 52 90
                        0207 54 10
                        0207 54 21
                        0207 54 31
                        0207 54 41
                        0207 54 51
                        0207 54 61
                        0207 54 71
                        0207 54 81
                        0207 54 99
                        0207 55 10
                        0207 55 21
                        0207 55 31
                        0207 55 41
                        0207 55 51
                        0207 55 61
                        0207 55 81
                        0207 55 99
                        0207 60 05
                        0207 60 10
                        ex 0207 60 21  (1)

                        0207 60 31
                        0207 60 41
                        0207 60 51
                        0207 60 61
                        0207 60 81
                        0207 60 99
                        0210 99 39
                        1602 31
                        1602 32
                        1602 39 21

                        Meat and edible offal of poultry, fresh, chilled or frozen; other prepared or preserved meat of turkeys and of fowls of the species Gallus domesticus

                        Year 2020
                        From 2021

                        65 033
                        70 000

                        0

                        09.4274

                        0207 12

                        Meat and edible offal of the poultry, not cut in pieces, frozen

                        20 000

                        0

               (1)  Fresh or chilled, halves or quarters of guinea fowls.


title: Commission Implementing Regulation (EU) 2020/184 of 11 February 2020 amending for the 308th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
                  11.2.2020

                  EN

                  Official Journal of the European Union

                  LI 38/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/184
         of 11 February 2020
         amending for the 308th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,
         Whereas:

                     (1)

                     Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

                     (2)

                     On 4 February 2020, the Sanctions Committee of the United Nations Security Council decided to add one entry to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.

                     (4)

                     In order to ensure that the measures provided for in this Regulation are effective it should enter into force immediately,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 11 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 139, 29.5.2002, p. 9.

            ANNEX
            In Annex I to Regulation (EC) No 881/2002 the following entry is added under the heading ‘Natural persons’:

               ‘AMADOU KOUFA (Good quality alias: (a) Amadou Barry (b) Amadou Kouffa (c) Hamadoun Koufa (d) Hamadoun Kouffa (e) Hamadou Koufa (f) Hamadou Kouffa). Date of birth: Approximately 1958. Place of birth: Koufa, Mali. Address: Mali. Other information: Eye colour: brown. Hair colour: dark. Date of designation referred to in Article 7d(2)(i): 4.2.2020.’


title: Commission Implementing Regulation (EU) 2020/186 of 7 February 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  12.2.2020

                  EN

                  Official Journal of the European Union

                  L 39/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/186
         of 7 February 2020
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 7 February 2020.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

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

            ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Polyacrylic elastomers in the form of white blocs of approximately 63 × 40 × 15 cm and composed of:

                                    —

                                    two or three types of acrylate monomers (ethyl acrylate and one or both of the two following monomers: n-butyl acrylate and 2-methoxyethyl acrylate),

                                    —

                                    small amounts of cure-site monomers containing chlorine, epoxy or carboxyl groups.

                              Those polyacrylic elastomers have an iodine value of less than 4.

                        3906 90 90

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3906, 3906 90  and 3906 90 90 .
                        The iodine value together with the presence of the cure-site monomers indicate an impossibility to vulcanise the goods using a regular sulphur system.
                        The goods can be vulcanised with non-sulphur containing systems. Specific types can be vulcanised with a soap/sulphur system in which the sulphur has the function of an accelerator and not of a vulcanising agent. In either system, the result of the vulcanisation is a C-O-C linkage.
                        Therefore, the goods do not fall within the definition of synthetic rubbers contained in Note 4(a) to Chapter 40 since they cannot be vulcanised with sulphur.
                        Consequently, the goods cannot be classified in Chapter 40.
                        Therefore, the goods are to be classified in CN code 3906 90 90  as other acrylic polymers in primary form.


title: Council Implementing Regulation (EU) 2020/189 of 12 February 2020 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

text:
                  13.2.2020

                  EN

                  Official Journal of the European Union

                  LI 40/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/189
         of 12 February 2020
         implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
         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 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo (1), and in particular Article 9 thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.

                     (2)

                     On 6 February 2020, the United Nations Security Council Committee, established pursuant to United Nations Security Council Resolution 1533 (2004), added one person to the list of persons and entities subject to restrictive measures. This person should therefore be added to Annex I to Regulation (EC) No 1183/2005.

                     (3)

                     Annex I to Regulation (EC) No 1183/2005 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 1183/2005 is hereby amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the date 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 February 2020.

                  For the Council

                  The President

               A. METELKO-ZGOMBIĆ

            (1)  OJ L 193, 23.7.2005, p. 1.

            ANNEX
            The following person is added to the list set out in Annex I to Regulation (EC) No 1183/2005

               ‘36. Seka BALUKU (low quality a.k.a.: a) Mzee Kajaju, b) Musa, c) Lumu, d) Lumonde)
               Designation: Overall leader of the Allied Democratic Forces (ADF)
               Date of birth: approximately 1977
               Nationality: Uganda
               Address: Last known location is Kajuju camp of Medina II, Beni territory, North Kivu, Democratic Republic of the Congo
               Date of UN designation: 6 February 2020
               Other information: Longtime member of the ADF, Baluku used to be the second in command to ADF founder Jamil Mukulu until he took over after FARDC military operation Sukola I in 2014.

                     Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

                  Reason for listing:

               Seka Baluku was listed on 6 February 2020 pursuant to paragraph 7 of resolution 2293 (2016) for engaging in or providing support for acts that undermine the peace, stability and security of the DRC.

                  Additional Information:

               Overall leader of the ADF. As highlighted in several reports from the Group of Experts on the DRC (S/2015/19, S/2015/797, S/2016/1102, S/2017/672, S/2018/531, S/2019/469, S/2019/974), Seka Baluku has committed, planned and/or directed the repeated targeting, killing and maiming, rape and other sexual violence, abduction of civilians, including children, as well as attacks on health facilities, in particular in Mamove, Beni territory, on 12 and 24 February 2019, as well as the continuous recruitment and use of children during attacks and for forced labour in Beni territory in the DRC since at least 2015.’


title: Commission Implementing Regulation (EU) 2020/191 of 10 February 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  13.2.2020

                  EN

                  Official Journal of the European Union

                  L 40/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/191
         of 10 February 2020
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 10 February 2020.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

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

            ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A flexible tubing consisting of a layer of knitted man-made fabric (85 % nylon, 15 % elasthane) on the outer side and a gel-like lining made of a non-cellular plastic material on the inner side. The flexible tubing comes in different lengths (between 65 and 150 mm) and diameters (between 15 and 30 mm).
                        The product is presented to be used to relieve pressure and friction pain on sensitive fingers, fingernails, toes or toenails. The length of the product can be adapted by cutting it.
                        The product is put up for retail sale.

                        6307 90 10

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 63 and the wording of CN codes 6307, 6307 90  and 6307 90 10 .
                        Classification under heading 3005 is excluded as the goods do not have the character of a wadding, gauze, bandages or similar articles, put up in forms or packings for retail sale for medical purposes.
                        Classification under Chapter 39 as plastics and articles thereof is excluded, in accordance with Note 2(p) to that Chapter, as the goods are made of textile fabrics of heading 5903 (textile fabrics, impregnated, coated, covered or laminated with plastics).
                        The goods are produced in the finished state, ready for use, and as such are made-up textile articles in accordance with Note 7(b) to Section XI. Although the goods consist of textile fabrics of heading 5903 (textile fabrics, impregnated, coated, covered or laminated with plastics), classification in Chapter 59 is excluded in accordance with Note 8(a) to Section XI, because Chapter 59 does not apply to made-up goods within the meaning of Note 7 to the same Section.
                        Heading 6307 applies to other made-up articles of any textile fabric within the meaning of Note 1 to Chapter 63, provided they are not included in other headings of Section XI. It also covers articles in the length that can be adapted by cutting them to the desired length and that are made-up within the meaning of Note 7 to Section XI (see also the Harmonized System Explanatory Notes to heading 6307, first and third paragraph).
                        Consequently, the goods are to be classified under CN code 6307 90 10  as other made-up textile articles.