title: Commission Implementing Regulation (EU) No 1156/2014 of 29 October 2014 correcting the Slovenian version of Commission Regulation (EC) No 1135/2009 imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC (Text with EEA relevance)

text:
               30.10.2014

               EN

               Official Journal of the European Union

               L 309/29

         COMMISSION IMPLEMENTING REGULATION (EU) No 1156/2014
   of 29 October 2014
   correcting the Slovenian version of Commission Regulation (EC) No 1135/2009 imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,
   Whereas:

               (1)

               The Slovenian language version of Commission Regulation (EC) No 1135/2009 (2) contains one repetitive error, i.e. the term ‘feed and food business operators’ is erroneous. Therefore a correction of the Slovenian language version is necessary. The other language versions are not affected.

               (2)

               Regulation (EC) No 1135/2009 should therefore be corrected accordingly.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Concerns only the Slovenian language version.
   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  Commission Regulation (EC) No 1135/2009 of 25 November 2009 imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC (OJ L 311, 26.11.2009, p. 3).


title: Commission Implementing Regulation (EU) No 214/2012 of 13 March 2012 derogating, for the marketing year 2011/2012, from Article 63(2)(a) of Council Regulation (EC) No 1234/2007 as regards the dates for communicating the carry forward of surplus sugar

text:
               14.3.2012

               EN

               Official Journal of the European Union

               L 74/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 214/2012
   of 13 March 2012
   derogating, for the marketing year 2011/2012, from Article 63(2)(a) of Council Regulation (EC) No 1234/2007 as regards the dates for communicating the carry forward of surplus sugar
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 85, point (c), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               According to Article 63(2)(a) of Regulation (EC) No 1234/2007, undertakings which decide to carry forward all or part of their production in excess of quota have to inform Member States concerned about the decision. That information has to be submitted before the date which is to be determined by the Member States, within the time limits fixed by that Article.

               (2)

               In order to facilitate the supply of the out-of-quota sugar on the Union market, thereby allowing undertakings to respond to unforeseen changes in demand in the early months of marketing year 2011/2012, it is necessary to give Member States the possibility to fix later dates than those provided in Article 63(2) of Regulation (EC) No 1234/2007.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   By way of derogation from Article 63(2)(a) of Regulation (EC) No 1234/2007, for the marketing year 2011/2012, the undertakings having decided to carry forward quantities of sugar, in accordance with Article 63(1) of that Regulation, inform the Member State concerned before a date to be determined by Member States between 1 February and 15 August 2012.
   Article 2
   This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
   It shall apply until 30 September 2012.

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

            For the Commission

            The President

         José Manuel BARROSO

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


title: Commission Implementing Regulation (EU) No 188/2014 of 26 February 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               27.2.2014

               EN

               Official Journal of the European Union

               L 57/27

      COMMISSION IMPLEMENTING REGULATION (EU) No 188/2014
   of 26 February 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 February 2014.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  54,9

                  TN

                  71,0

                  TR

                  99,2

                  ZZ

                  75,0

                  0707 00 05

                  EG

                  182,1

                  JO

                  188,1

                  MA

                  114,7

                  TR

                  155,9

                  ZZ

                  160,2

                  0709 91 00

                  EG

                  72,9

                  ZZ

                  72,9

                  0709 93 10

                  MA

                  29,5

                  TR

                  103,8

                  ZZ

                  66,7

                  0805 10 20

                  EG

                  53,5

                  IL

                  67,5

                  MA

                  48,5

                  TN

                  52,2

                  TR

                  69,8

                  ZA

                  63,5

                  ZZ

                  59,2

                  0805 20 10

                  IL

                  133,5

                  MA

                  91,9

                  TR

                  110,6

                  ZZ

                  112,0

                  0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

                  IL

                  140,9

                  MA

                  107,5

                  PK

                  46,0

                  TR

                  72,8

                  US

                  122,9

                  ZZ

                  98,0

                  0805 50 10

                  EG

                  57,3

                  TR

                  60,0

                  ZZ

                  58,7

                  0808 10 80

                  CN

                  115,6

                  MK

                  30,8

                  US

                  157,0

                  ZZ

                  101,1

                  0808 30 90

                  AR

                  132,9

                  CL

                  195,7

                  CN

                  53,3

                  TR

                  146,4

                  US

                  197,4

                  ZA

                  99,1

                  ZZ

                  137,5

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


title: Commission Implementing Regulation (EU) 2015/832 of 28 May 2015 initiating an investigation concerning the possible circumvention of countervailing measures imposed by Council Implementing Regulation (EU) No 1239/2013 on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China by imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, and making such imports subject to registration

text:
               29.5.2015

               EN

               Official Journal of the European Union

               L 132/53

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/832
   of 28 May 2015
   initiating an investigation concerning the possible circumvention of countervailing measures imposed by Council Implementing Regulation (EU) No 1239/2013 on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China by imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, and making such imports subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic regulation’), and in particular Articles 23(4) and 24(5) thereof,
   After having informed the Member States,
   Whereas:
   A.   REQUEST

               (1)

               The European Commission (‘the Commission’) has received a request pursuant to Articles 23(4) and 24(5) of the basic Regulation to investigate the possible circumvention of the countervailing measures imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China and to make imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, subject to registration.

               (2)

               The request was lodged on 15 April 2015 by SolarWorld AG, a Union producer of crystalline silicon photovoltaic modules and key components (i.e. cells) and hence an interested party in the meaning of Article 23(4) of the basic Regulation.

         B.   PRODUCT

               (3)

               The product concerned by the possible circumvention is crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 and originating in or consigned from the People's Republic of China, unless they are in transit in the sense of Article V GATT (‘the product concerned’).

               (4)

               The following product types are excluded from the definition of the product concerned:

                           —

                           solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

                           —

                           thin film photovoltaic products,

                           —

                           crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s),

                           —

                           modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics

               (5)

               The product under investigation is the same as that defined in recitals (3) and (4) above, but consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, currently falling within the same CN codes as the product concerned (‘the product under investigation’).

         C.   EXISTING MEASURES

               (6)

               The measures currently in force and prima facie being circumvented are countervailing measures imposed by Council Implementing Regulation (EU) No 1239/2013 (2) (‘the existing measures’).

         D.   GROUNDS

               (7)

               The request contains sufficient evidence that the countervailing measures on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China are being circumvented by imports of the product under investigation consigned from Malaysia and Taiwan.

               (8)

               The evidence submitted is as follows.

               (9)

               The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China, Malaysia and Taiwan to the Union has taken place following the imposition of the measures, without sufficient due cause or economic justification for such a change other than the imposition of the duty.

               (10)

               This change appears to stem from the consignment of the product concerned via Malaysia and Taiwan to the Union. However, the investigation covers any practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the countervailing duty.

               (11)

               Furthermore, the request contains sufficient evidence that the remedial effects of the existing countervailing measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

               (12)

               Finally, the request contains sufficient evidence that the prices of the product under investigation continue to be subsidised as previously established.

         E.   PROCEDURE

               (13)

               In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 23(4) of the basic Regulation and to make imports of the product under investigation, whether declared as originating in Malaysia and Taiwan or not, subject to registration, in accordance with Article 24(5) of the basic Regulation.

               (14)

               The Governments of the People's Republic of China, Malaysia and Taiwan have been invited for consultations.

         (a)   Questionnaires

               (15)

               In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known exporters/producers and to the known associations of exporters/producers in Malaysia and Taiwan, to the known exporters/producers and to the known associations of exporters/producers in the People's Republic of China, to the known importers and to the known associations of importers in the Union and to the authorities of the People's Republic of China, Malaysia and Taiwan. Information, as appropriate, may also be sought from the Union industry.

               (16)

               In any event, all interested parties should contact the Commission forthwith, but not later than within the time-limits set in Article 3 of this Regulation, and request a questionnaire within the time-limit set in Article 3(1) of this Regulation, given that the time-limit set in Article 3(2) of this Regulation applies to all interested parties.

               (17)

               The authorities of the People's Republic of China, Malaysia and Taiwan will be notified accordingly of the initiation of the investigation.

         (b)   Collection of information and holding of hearings

               (18)

               All interested parties are hereby 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.

         (c)   Exemption of registration of imports or measures

               (19)

               In accordance with Article 23(5) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

               (20)

               Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 23(5) of the basic Regulation, to producers in Malaysia and Taiwan of the product under investigation that can show that they are not related (3) to any producer subject to the existing measures (4) and that are found not to be engaged in circumvention practices as defined in Article 23(3) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time-limit indicated in Article 3(3) of this Regulation.

         F.   REGISTRATION

               (21)

               Pursuant to Article 24(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, countervailing duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Malaysia and Taiwan was imposed.

         G.   CUSTOMS DECLARATION

               (22)

               Statistics on crystalline silicon photovoltaic modules and key components (i.e. cells) are frequently expressed in Watt. However, there is no such supplementary unit for crystalline silicon photovoltaic modules and key components (i.e. cells) specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (5). It is therefore necessary to provide that not only the weight in kg or tonnes but also the number of Watt for the imports of the product under investigation must be entered in the declaration for release for free circulation. The number of Watt shall be indicated for TARIC codes 8541409022, 8541409023, 8541409032 and 8541409033.

         H.   TIME-LIMITS

               (23)

               In the interest of sound administration, time-limits should be stated within which:

                           —

                           interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,

                           —

                           producers in Malaysia and Taiwan may request exemption from registration of imports or measures,

                           —

                           interested parties may make a written request to be heard by the Commission.

               (24)

               Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time-limits laid down in Article 3 of this Regulation.

         I.   NON-COOPERATION

               (25)

               In cases in which any interested party refuses access to or does not provide the necessary information within the time-limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 28 of the basic Regulation, on the basis of the facts available.

               (26)

               Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available.

               (27)

               If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               (28)

               Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

         J.   SCHEDULE OF THE INVESTIGATION

               (29)

               The investigation will be concluded, pursuant to Article 23(4) of the basic Regulation, within nine months of the date of the publication of this Regulation in the Official Journal of the European Union.

         K.   PROCESSING OF PERSONAL DATA

               (30)

               It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).

         L.   HEARING OFFICER

               (31)

               Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

               (32)

               A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Regulation in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

               (33)

               The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, the existence of a change in the pattern of trade, (in-)sufficient due cause or economic justification for such a change, the undermining of the remedial effects of the existing measures, and whether the imported like product and/or parts thereof still benefit from the subsidy.

               (34)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/,

         HAS ADOPTED THIS REGULATION:
   Article 1
   An investigation is hereby initiated pursuant to Article 23(4) of Regulation (EC) No 597/2009, in order to determine if imports into the Union of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310082, 8501310083, 8501320042, 8501320043, 8501330062, 8501330063, 8501340042, 8501340043, 8501612042, 8501612043, 8501618042, 8501618043, 8501620062, 8501620063, 8501630042, 8501630043, 8501640042, 8501640043, 8541409022, 8541409023, 8541409032, 8541409033) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, are circumventing the measures imposed by Implementing Regulation (EU) No 1239/2013.
   The investigation does not concern imports into the Union of:

               —

               solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

               —

               thin film photovoltaic products,

               —

               crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s),

               —

               modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics.

         Article 2
   The Customs authorities shall, pursuant to Article 23(4) and Article 24(5) of Regulation (EC) No 597/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption from registration and having been found to fulfil the conditions for an exemption to be granted.
   Where a declaration for release for free circulation is presented in respect of imports of those crystalline silicon photovoltaic modules and key components (i.e. cells) which are currently falling within TARIC codes 8541409022, 8541409023, 8541409032 and 8541409033, those TARIC codes and the number of Watt of the goods imported shall be entered in the relevant field of that declaration.
   Member States shall, on a monthly basis, inform the Commission of the number of Watt for TARIC codes 8541409022, 8541409023, 8541409032 and 8541409033.
   Article 3
   (1)   Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

   (2)   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.
   (3)   Producers in Malaysia and Taiwan requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time-limit.
   (4)   Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.
   (5)   Use of information submitted to the Commission for the purpose of trade defence investigations that is subject to copyright shall be permitted by copyright holders. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding, including its publication in the Official Journal of the European Union, and b) to provide the information and/or data to interested parties to this investigation.
   (6)   All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7). Where confidential treatment is requested, interested parties must show good cause pursuant to Article 29(1) of the basic Regulation.
   (7)   Interested parties providing information labelled as ‘Limited’ are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which must be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded, except where the interested parties can show that such information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why such summary is not possible must be provided.
   (8)   Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
   (9)   Commission address for correspondence:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1040 Brussels

               BELGIUM

               E-mail: TRADE-SP-AC-SUBSIDY-MY-TW@ec.europa.eu

         Article 4
   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, 28 May 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325, 5.12.2013, p. 66).

      (3)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

      (4)  However, even if producers are related in the aforementioned sense to companies subject to the existing measures, an exemption may still be granted if there is no evidence that the relationship with the companies subject to the existing measures was established or used to circumvent such measures.

      (5)  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).

      (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).


title: Commission Implementing Regulation (EU) 2016/91 of 26 January 2016 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

text:
               27.1.2016

               EN

               Official Journal of the European Union

               L 19/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/91
   of 26 January 2016
   amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (1), and in particular Article 19 thereof,
   Whereas:

               (1)

               Article 19 of Regulation (EC) No 2368/2002 provides for a list of Community authorities to be maintained by the Commission in Annex III;

               (2)

               Bulgaria sent a letter to the Commission informing of its intention to stop maintaining a Union Authority in Bulgaria according to Regulation (EC) No 2368/2002.

               (3)

               Annex III to Regulation (EC) No 2368/2002 should be amended accordingly.

               (4)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 22 of Regulation (EC) No 2368/2002,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 2368/2002 is replaced by the Annex to 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, 26 January 2016.

            For the Commission

            Vice-President

         Federica MOGHERINI

      (1)  OJ L 358, 31.12.2002, p. 28.

      ANNEX

            ‘ANNEX III

               List of Member States' competent authorities and their tasks as referred to in Articles 2 and 19

               BELGIUM

                           Federale Overheidsdienst Economie, KMO, Middenstand en Energie, Dienst Vergunningen/Service Public Fédéral Economie,

                        PME, Classes moyennes et Energie, Service Licence,

                        Italiëlei 124, bus 71

                        B-2000 Antwerpen

                        Tel. (32-3) 206 94 70

                        Fax (32-3) 206 94 90

                        E-mail: kpcs-belgiumdiamonds@economie.fgov.be

                  In Belgium the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002 and the customs treatment will only be done at:

                        The Diamond Office,

                        Hovenierstraat 22

                        B-2018 Antwerpen.

               CZECH REPUBLIC

            In the Czech Republic the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002 and the customs treatment will only be done at:

                        Generální ředitelství cel

                        Budějovická 7

                        140 96 Praha 4

                        Česká republika

                        Tel. (420-2) 61 33 38 41, (420-2) 61 33 38 59, cell (420-737) 213 793

                        Fax (420-2) 61 33 38 70

                        E-mail: diamond@cs.mfcr.cz

                  Permanent service at designated custom office — Praha Ruzyně
            Tel. (420-2) 220 113 788
            or Tel. (420-2) 220 119 678

               GERMANY

            In Germany the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002, including the issuing of Community certificates, will only be done at the following authority:

                        Hauptzollamt Koblenz

                        Zollamt Idar-Oberstein

                        Zertifizierungsstelle für Rohdiamanten

                        Hauptstraße 197

                        D-55743 Idar-Oberstein

                        Tel. (49-6781) 56 27-0

                        Fax (49-6781) 56 27-19

                        E-mail: poststelle@zabir.bfinv.de

                  For the purpose of Articles 5(3), 6, 9, 10, 14(3), 15 and 17 of this Regulation, concerning in particular reporting obligations to the Commission, the following authority shall act as competent German authority:

                        Bundesfinanzdirektion Südost

                        Krelingstraβe 50

                        D-90408 Nürnberg

                        Tel. (49-911) 376 3754

                        Fax (49-911) 376 2273

                        E-mail: diamond.cert@bfdso.bfinv.de

               PORTUGAL

                        Autoridade Tributária e Aduaneira

                        Direção de Serviços de Regulação Aduaneira

                        R. da Alfândega, 5

                        1149-006 Lisboa

                        Tel. +351 218813888/9

                        Fax +351 218813941

                        E-mail: dsra@at.gov.pt

                  In Portugal the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002 and the customs treatment will only be done at:

                        Alfândega do Aeroporto de Lisboa

                        Aeroporto de Lisboa,

                        Terminal de Carga, Edifício 134

                        1750-364 Lisboa

                        Tel. +351 210030080

                        Fax +351 210037777

                        E-mail address: aalisboa-kimberley@at.gov.pt

               ROMANIA

                        Autoritatea Națională pentru Protecția Consumatorilor

                        (National Authority for Consumer Protection)

                        1 Bd. Aviatorilor Nr. 72, sectorul 1 București, România

                        (72 Aviatorilor Bvd., sector 1, Bucharest, Romania)

                        Cod postal (Postal code) 011865

                        Tel. (40-21) 318 46 35/312 98 90/312 12 75

                        Fax (40-21) 318 46 35/314 34 62

                        www.anpc.ro

               UNITED KINGDOM

                        Government Diamond Office

                        Conflict Department

                        Room WH1.214

                        Foreign and Commonwealth Office

                        King Charles Street

                        London

                        SW1A 2AH

                        Tel. (44-207) 008 6903/5797

                        Fax (44-207) 008 3905’


title: Commission Implementing Regulation (EU) No 829/2011 of 17 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               18.8.2011

               EN

               Official Journal of the European Union

               L 211/33

         COMMISSION IMPLEMENTING REGULATION (EU) No 829/2011
   of 17 August 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 18 August 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 August 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AR

                  38,5

                  ZZ

                  38,5

                  0709 90 70

                  TR

                  133,0

                  ZZ

                  133,0

                  0805 50 10

                  AR

                  67,3

                  BR

                  45,3

                  CL

                  75,4

                  TR

                  64,0

                  UY

                  61,5

                  ZA

                  77,7

                  ZZ

                  65,2

                  0806 10 10

                  EG

                  67,9

                  TR

                  155,3

                  ZZ

                  111,6

                  0808 10 80

                  AR

                  77,5

                  BR

                  58,3

                  CA

                  98,2

                  CL

                  103,2

                  CN

                  67,9

                  NZ

                  101,1

                  US

                  161,4

                  ZA

                  100,7

                  ZZ

                  96,0

                  0808 20 50

                  AR

                  161,3

                  CL

                  81,6

                  CN

                  49,3

                  NZ

                  115,4

                  ZA

                  117,2

                  ZZ

                  105,0

                  0809 30

                  TR

                  128,5

                  ZZ

                  128,5

                  0809 40 05

                  BA

                  48,4

                  ZZ

                  48,4

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


title: Commission Implementing Regulation (EU) 2017/1587 of 19 September 2017 amending Regulation (EU) No 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007

text:
               20.9.2017

               EN

               Official Journal of the European Union

               L 241/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1587
   of 19 September 2017
   amending Regulation (EU) No 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007
   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 180 thereof,
   Whereas:

               (1)

               Commission Regulation (EU) No 642/2010 (2) lays down rules on the calculation and on the fixing of the import duty on certain products, including products falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than seed), 1002 10 00 and 1002 90 00.

               (2)

               Pursuant to Council Decision (EU) 2017/38 (3), the Council agreed on the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

               (3)

               Article 2.4 of the Agreement provides for the reduction or elimination of customs duties on goods originating in either Party in accordance with the tariff elimination schedules set out in Annex 2-A to the Agreement. Point 3(d) of that Annex provides for the removal of customs duties on certain goods, including goods falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than seed), 1002 10 00 and 1002 90 00, in eight equal stages, beginning on the date that the Agreement enters into force.

               (4)

               Regulation (EU) No 642/2010 should therefore be amended accordingly. The proposed amendments should apply as from 21 September 2017, the date of the provisional application of the Agreement, and therefore this Regulation should enter into force as soon as possible.

               (5)

               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
   Regulation (EU) No 642/2010 is amended as follows:

               (1)

               In Article 2, the following paragraph is added:
               ‘5.   With regard to products originating in Canada and falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than seed), 1002 10 00 and 1002 90 00, the import duty shall be equal to a percentage of the duty fixed in accordance with paragraph 2 and, if appropriate, paragraph 4. The percentage to be applied is set out in Annex Ia. The import duty shall be rounded down at least to the nearest EUR 0,001.’

               (2)

               Annex Ia is inserted, the text of which is set out in the Annex to this Regulation.

         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 21 September 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

      (3)  Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

      ANNEX
      ‘
            ANNEX Ia

               Percentage referred to in Article 2(5)

                        Year

                        Percentage

                        2017

                        87,5

                        2018

                        75

                        2019

                        62,5

                        2020

                        50

                        2021

                        37,5

                        2022

                        25

                        2023

                        12,5

                        2024 and each subsequent year

                        0 (duty-free)

                  ’


title: Commission Implementing Regulation (EU) No 439/2013 of 13 May 2013 amending for the 192nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               14.5.2013

               EN

               Official Journal of the European Union

               L 129/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 439/2013
   of 13 May 2013
   amending for the 192nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   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 Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) 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 2 May 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing request submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

         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 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, 13 May 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:
      The following entry under the heading ‘Natural persons’ is deleted:

         ‘Mohamed Ben Mohamed Ben Khalifa Abdelhedi (alias Mohamed Ben Mohamed Abdelhedi). Address: (a) Via Galileo Ferraries 64, Varese, Italy; (b) 261 Kramdah Road (km 2), Sfax, Tunisia. Date of birth: 10.8.1965. Place of birth: Sfax, Tunisia. Nationality: Tunisian. Passport No: L965734 (Tunisian passport issued on 6.2.1999, expired on 5.2.2004). Other information: (a) Italian fiscal code: BDL MMD 65M10 Z352S, (b) Mother’s name: Shadhliah Ben Amir; (c) Resided in Italy as at August 2009. Date of designation referred to in Article 2a(4)(b): 23.6.2004.’


title: Commission Implementing Regulation (EU) 2015/394 of 10 March 2015 amending the Annex to Regulation (EU) No 37/2010 as regards the substance ‘tulathromycin’  Text with EEA relevance

text:
               11.3.2015

               EN

               Official Journal of the European Union

               L 66/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/394
   of 10 March 2015
   amending the Annex to Regulation (EU) No 37/2010 as regards the substance ‘tulathromycin’
   (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 of 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 by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               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 to be established in accordance with Regulation (EC) No 470/2009.

               (2)

               Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2).

               (3)

               Tulathromycin is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for bovine, porcine, ovine and caprine species, applicable to muscle, fat (skin and fat for porcine species), liver and kidney, excluding animals producing milk for human consumption. The provisional MRLs for that substance set out for bovine and porcine species expire on 1 January 2015.

               (4)

               Additional data was provided and assessed by the Committee for Medicinal Products for Veterinary Use who recommended that the provisional MRLs for tulathromycin in bovine and porcine species should be set as definitive.

               (5)

               In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency 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. The Committee for Medicinal Products for Veterinary Use concluded that the extrapolation to other food producing species cannot be supported for this substance.

               (6)

               The entry for tulathromycin in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (7)

               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, 10 March 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (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, the entry for the substance ‘tulathromycin’ is replaced by the following:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

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

                     Therapeutic classification

                     ‘Tulathromycin

                     (2R,3S,4R,5R,8R,10R,11R,12S, 13S,14R)-2-ethyl-3,4,10,13-tetra-hydroxy-3,5,8,10,12,14-hexamethyl-11-[[3,4,6-trideoxy-3-(dimethy-lamino)-ß-D-xylo-hexopyranosyl]oxy]-1-oxa-6-azacyclopent-decan-15-one expressed as tulathromycin equivalents

                     Ovine, caprine

                     450 μg/kg

                     Muscle

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

                     Anti-infectious agents/Antibiotics’

                     250 μg/kg

                     Fat

                     5 400 μg/kg

                     Liver

                     1 800 μg/kg

                     Kidney

                     Bovine

                     300 μg/kg

                     Muscle

                     200 μg/kg

                     Fat

                     4 500 μg/kg

                     Liver

                     3 000 μg/kg

                     Kidney

                     Porcine

                     800 μg/kg

                     Muscle

                     300 μg/kg

                     Skin and fat in natural proportions

                     4 000 μg/kg

                     Liver

                     8 000 μg/kg

                     Kidney


title: Commission Implementing Regulation (EU) No 1030/2013 of 24 October 2013 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

text:
               25.10.2013

               EN

               Official Journal of the European Union

               L 283/15

         COMMISSION IMPLEMENTING REGULATION (EU) No 1030/2013
   of 24 October 2013
   amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Articles 13(3) and 15(2) and Article 40 thereof,
   Whereas:

               (1)

               Regulation (EC) No 834/2007 establishes basic requirements for the organic production of seaweed and aquaculture animals. Detailed rules for the implementation of those requirements are laid down in Commission Regulation (EC) No 889/2008 (2), as amended in particular by Commission Regulation (EC) No 710/2009 (3).

               (2)

               Pursuant to Article 95(11) of Regulation (EC) No 889/2008 national authorities may, for a period expiring on 1 July 2013, authorise those aquaculture and seaweed production units which were established and produced under nationally accepted organic rules before 1 January 2009 to keep their organic status under specified conditions.

               (3)

               Seven Member States recently submitted requests for a revision of the rules on products, substances and techniques which can be used in organic aquaculture production. Those requests should be evaluated by the Expert group for technical advice on organic production established by Commission Decision 2009/427/EC (4).

               (4)

               Organic production of seaweed and of aquaculture animals are still relatively new fields, characterised by a wide diversity and a high level of technical complexity and it has become apparent that a longer period of transition is needed.

               (5)

               In order to allow for continuity and time for the necessary evaluation of the requests submitted by Member States and avoid disruption for production units which were established and producing under nationally accepted rules before 1 January 2009, it is appropriate to extend the transitional period set up by Article 95(11) of Regulation (EC) No 889/2008.

               (6)

               In order to ensure that there is no disruption in the organic status of those production units, this Regulation should apply from 1 July 2013.

               (7)

               Regulation (EC) No 889/2008 should therefore be amended accordingly.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In paragraph 11 of Article 95 of Regulation (EC) No 889/2008, ‘1 July 2013’ is replaced by ‘1 January 2015’.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 189, 20.7.2007, p. 1.

      (2)  OJ L 250, 18.9.2008, p. 1.

      (3)  OJ L 204, 6.8.2009. p. 15.

      (4)  OJ L 139, 5.6.2009, p. 29.