title: Commission Implementing Regulation (EU) 2015/1473 of 26 August 2015 amending for the 235th 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:
               28.8.2015

               EN

               Official Journal of the European Union

               L 225/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1473
   of 26 August 2015
   amending for the 235th 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 Article 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 17 August 2015, the Sanctions Committee of the United Nations Security Council (UNSC) decided to amend two entries on the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. In addition, on 18 August 2015, the Sanctions Committee of the UNSC decided to remove one person from that list.

               (3)

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

               (4)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation 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 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 August 2015.

            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:

                  (1)

                  the following entries shall be amended under the heading ‘Natural persons’:

                              (a)

                              The entry ‘Maxamed Cabdullaah Ciise (alias (a) Maxamed Cabdullaahi Ciise, (b) Maxammed Cabdullaahi, (c) Cabdullah Mayamed Ciise). Address: Somalia. Date of birth: 8.10.1974. Place of birth: Kismaayo, Somalia. Nationality: Somali. National identification: PX910063D (United Kingdom identification number). Other information: Present in Somalia as of April 2009 following transfer from United Kingdom. Date of designation referred to in Article 2a(4)(b): 12.11.2003.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Maxamed Cabdullaah Ciise (alias (a) Maxamed Cabdullaahi Ciise, (b) Maxammed Cabdullaahi, (c) Cabdullah Mayamed Ciise). Address: Somalia. Date of birth: 8.10.1974. Place of birth: Kismaayo, Somalia. Nationality: Somali. Other information: Present in Somalia as of April 2009 following transfer from United Kingdom. Date of designation referred to in Article 2a(4)(b): 12.11.2003.’.

                              (b)

                              The entry ‘Abd Al Wahab Abd Al Hafiz (alias (a) Ferdjani Mouloud, (b) Mourad, (c) Rabah Di Roma, (d) Abdel Wahab Abdelhafid (e) Said). Date of birth: (a) 7.9.1967, (b) 30.10.1968. Place of birth: (a) Algiers, Algeria; (b) Algeria. Other information: (a) Arrest warrant issued by the Italian authorities; (b) Considered a fugitive from justice by the Italian authorities as at of June 2009. Date of designation referred to in Article 2a(4)(b): 17.3.2004.’ under the heading ‘Natural persons’ is replaced by the following:
                              ‘Abd Al Wahab Abd Al Hafiz (alias (a) Mouloud Ferdjani, (b) Abdelwahab Abdelhafid, (c) Abdel Wahab Abdelhafid, (d) Abdewahab Abdel Hafid, (e) Abedel Wahad Abdelhafio, (f) Abdelouahab Abdelhafid, (g) Mourad, (h) Said, (i) Rabah Di Roma). Date of birth: 7.9.1967, (b) 30.10.1968. Place of birth: (a) Algiers, Algeria; (b) Algeria, (c) El Harrach, Algeria. Nationality: Algerian Passport No: 3525282 (Algerian number. Issued under name Abdelouahab Abdelhafid). Other information: Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Date of designation referred to in Article 2a(4)(b): 17.3.2004’;

                  (2)

                  the following entry under the heading ‘Natural persons’ is deleted:
                  ‘Al Sayyid Ahmed Fathi Hussein Eliwah (alias (a) Al Sayyid Ahmed Fathi Hussein Eliwa, (b) Al Sayyid Ahmed Fathi Hussein Alaiwah, (c) Al Sayyid Ahmed Fathi Hussein Elaiwa, (d) Al Sayyid Ahmed Fathi Hussein Ilewah, (e) Al Sayyid Ahmed Fathi Hussein Alaywah, (f) El Sayed Ahmad Fathi Hussein Elaiwa, (g) Hatim, (h) Hisham, (i) Abu Umar, (j) El-Sayed Ilawah). Date of birth: (a) 30.7.1964, (b) 30.1.1964, (c) 3.7.1954. Address: United Kingdom. Place of birth: Suez, Egypt. Nationality: Egyptian. Passport No: RP0185179 (United Kingdom passport in the name of Al-Sayyid Ilewah, which was issued on 11.9.2001 and expires on 11.9.2011). Other information: (a) Father's name is Fathi Hussein Elaiwa (b) Member of Egyptian Islamic Jihad. Date of designation referred to in Article 2a(4)(b): 29.9.2005.’.


title: Commission Implementing Regulation (EU) No 896/2011 of 2 September 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.9.2011

               EN

               Official Journal of the European Union

               L 231/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 896/2011
   of 2 September 2011
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (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 issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   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, 2 September 2011.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  Retro-reflective tapes intended for application to safety clothing and uniforms by means of a heat activated adhesive.
                  The product has a thickness of 140-155 μm (protective paper liner not included) and is composed of the following layers:

                              —

                              60-70 μm of micro glass balls with a metallic mirror on one side, bound with an elastomer of poly(butadiene-co-acrylonitrile) (the thickness of that elastomer is 15-20 μm),

                              —

                              80-85 μm of a heat activated polyester adhesive, and

                              —

                              a protective paper liner to be removed before use.

                        The product is presented in individual strips or in rolls.

                  4008 21 90

                  Classification is determined by General Rules 1, 3 (b) and 6 for the interpretation of the Combined Nomenclature, Notes 1 and 9 to Chapter 40 and the wording of CN codes 4008, 4008 21 and 4008 21 90.
                  The product is made up of different layers of components and has therefore to be classified according to the constituent materials which give the product its essential character.
                  The role of the micro glass balls is important in the retro-reflective process, but a classification under heading 7018 as glass microspheres is excluded because the role of the elastomer, maintaining the micro glass balls in position, is predominant.
                  Although the polyester layer is the thickest layer, a classification under heading 3920 as a sheet of thermoplastic polymer is excluded because the elastomer, in which the micro glass balls are embedded, is the most essential component for the cohesion of the micro glass balls and accordingly, for the conferral of its retro-reflective properties on the product.
                  As the elastomer gives the product its essential character it is therefore to be classified, in accordance with General Rule 3 (b), under heading 4008 as plate, sheets, strip of vulcanised rubber other than hard rubber.


title: Commission Implementing Regulation (EU) No 784/2011 of 5 August 2011 on advances to be paid from 16 October 2011 of the direct payments listed in Annex I to Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers

text:
               6.8.2011

               EN

               Official Journal of the European Union

               L 203/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 784/2011
   of 5 August 2011
   on advances to be paid from 16 October 2011 of the direct payments listed in Annex I to Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 29(4)(a) thereof,
   Whereas:

               (1)

               Article 29(2) of Regulation (EC) No 73/2009 provides that payments under support schemes listed in Annex I to that Regulation are to be made within the period from 1 December to 30 June of the following calendar year. However, Article 29(4)(a) of that Regulation permits the Commission to provide for advances.

               (2)

               In 2011 unfavourable weather conditions in Europe, with a very harsh winter and a late spring followed by an extreme drought and high temperatures, have caused serious damages on the crop and fodder production. Severe financial difficulties have been encountered by farmers as a result, in particular by cattle producers. These difficulties are compounded by the effects of the ongoing financial crisis which have caused many farmers to be confronted with serious liquidity problems. This already difficult situation has been worsened by the effects on the markets of the spread of E.coli bacteria which has lead to dramatic falls in the demand and prices of fruit and vegetables. In order to help to alleviate these difficulties it is appropriate to allow for farmers to receive advance payments of up to 50 % of the support schemes listed in Annex I to Regulation (EC) No 73/2009. Regarding the beef and veal payments provided for in Section 11 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, Member States should also be authorised to increase the payment of advances as referred to in Article 82 of Commission Regulation (EC) No 1121/2009 (2), to up to 80 % of the payment.

               (3)

               In order to ensure that the advance payments will be accounted for under the 2012 budget year, they should be made from 16 October 2011. The necessary verification of eligibility conditions under Article 29(3) of Regulation (EC) No 73/2009 should nevertheless be carried out before payment of the advances in the interests of good financial management.

               (4)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Member States may pay, from 16 October 2011, advances to farmers of up to 50 % of the direct payments listed in Annex I to Regulation (EC) No 73/2009 in respect of applications made in 2011, provided that the verification of the eligibility conditions pursuant to Article 20 of Regulation (EC) No 73/2009 has been finalised.
   Regarding the beef and veal payments provided for in Section 11 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, Member States shall be authorised to increase the amount referred to in the first paragraph to up to 80 %.
   Article 2
   This Regulation shall enter into force on the third 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, 5 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

      (2)  OJ L 316, 2.12.2009, p. 27.


title: Commission Implementing Regulation (EU) No 12/2013 of 10 January 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               11.1.2013

               EN

               Official Journal of the European Union

               L 7/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 12/2013
   of 10 January 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 January 2013.

            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

                  IL

                  51,1

                  MA

                  58,1

                  TN

                  81,0

                  TR

                  109,6

                  ZZ

                  75,0

                  0707 00 05

                  TR

                  151,3

                  ZZ

                  151,3

                  0709 91 00

                  EG

                  158,2

                  ZZ

                  158,2

                  0709 93 10

                  MA

                  102,7

                  TR

                  143,7

                  ZZ

                  123,2

                  0805 10 20

                  EG

                  60,2

                  MA

                  61,6

                  TR

                  68,7

                  ZA

                  103,7

                  ZZ

                  73,6

                  0805 20 10

                  MA

                  92,4

                  ZZ

                  92,4

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

                  IL

                  91,3

                  TR

                  92,1

                  ZZ

                  91,7

                  0805 50 10

                  TR

                  86,0

                  ZZ

                  86,0

                  0808 10 80

                  BA

                  47,0

                  CA

                  164,3

                  CN

                  85,1

                  MK

                  32,8

                  US

                  193,4

                  ZZ

                  104,5

                  0808 30 90

                  CN

                  50,7

                  US

                  141,5

                  ZZ

                  96,1

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


title: Commission Implementing Regulation (EU) No 707/2012 of 1 August 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.8.2012

               EN

               Official Journal of the European Union

               L 206/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 707/2012
   of 1 August 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 August 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  58,9

                  TR

                  55,3

                  XS

                  32,3

                  ZZ

                  48,8

                  0707 00 05

                  MK

                  53,8

                  TR

                  100,7

                  ZZ

                  77,3

                  0709 93 10

                  TR

                  107,5

                  ZZ

                  107,5

                  0805 50 10

                  AR

                  92,1

                  TR

                  91,0

                  UY

                  96,7

                  ZA

                  101,9

                  ZZ

                  95,4

                  0806 10 10

                  EG

                  227,2

                  IL

                  176,8

                  IN

                  210,3

                  MA

                  251,0

                  MX

                  301,8

                  TR

                  146,5

                  ZZ

                  218,9

                  0808 10 80

                  AR

                  187,9

                  BR

                  91,9

                  CL

                  115,4

                  NZ

                  129,0

                  US

                  181,3

                  ZA

                  114,5

                  ZZ

                  136,7

                  0808 30 90

                  AR

                  200,3

                  CL

                  135,9

                  ZA

                  117,3

                  ZZ

                  151,2

                  0809 29 00

                  TR

                  397,6

                  ZZ

                  397,6

                  0809 30

                  TR

                  167,9

                  ZZ

                  167,9

                  0809 40 05

                  BA

                  62,1

                  IL

                  60,5

                  ZZ

                  61,3

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


title: Commission Implementing Regulation (EU) No 569/2011 of 15 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.6.2011

               EN

               Official Journal of the European Union

               L 158/29

         COMMISSION IMPLEMENTING REGULATION (EU) No 569/2011
   of 15 June 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 Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
   Whereas:
   Regulation (EC) No 1580/2007 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 XV, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 16 June 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 June 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 350, 31.12.2007, 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

                  90,3

                  MK

                  31,8

                  TR

                  93,0

                  ZZ

                  71,7

                  0707 00 05

                  TR

                  112,2

                  ZZ

                  112,2

                  0709 90 70

                  TR

                  117,4

                  ZZ

                  117,4

                  0805 50 10

                  AR

                  74,7

                  CL

                  79,9

                  TR

                  63,4

                  ZA

                  98,2

                  ZZ

                  79,1

                  0808 10 80

                  AR

                  107,8

                  BR

                  74,6

                  CL

                  95,6

                  CN

                  99,6

                  NZ

                  114,6

                  US

                  178,7

                  UY

                  57,7

                  ZA

                  99,5

                  ZZ

                  103,5

                  0809 10 00

                  TR

                  166,5

                  ZZ

                  166,5

                  0809 20 95

                  TR

                  409,3

                  XS

                  175,4

                  ZZ

                  292,4

         (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: Council Implementing Regulation (EU) No 38/2011 of 18 January 2011 amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India

text:
               20.1.2011

               EN

               Official Journal of the European Union

               L 15/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 38/2011
   of 18 January 2011
   amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India
   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 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9(4) and Article 11(3), (5) and (6) thereof,
   Having regard to the proposal submitted by the European Commission (Commission) after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Previous investigations and existing anti-dumping measures

               (1)

               In August 2001, by Regulation (EC) No 1676/2001 (2), the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India. The measures consisted of an ad valorem anti-dumping duty ranging between 0 % and 62,6 % imposed on imports from individually named exporting producers, with a residual duty rate of 53,3 % on imports from all other companies.

               (2)

               In March 2006, by Regulation (EC) No 366/2006 (3), the Council amended the measures imposed by Regulation (EC) No 1676/2001. The anti-dumping duty imposed ranged between 0 % and 18 %, taking into account the findings of the expiry review of the definitive countervailing duties (Council Regulation (EC) No 367/2006 (4)).

               (3)

               In August 2006, by Regulation (EC) No 1288/2006 (5), the Council, following an interim review concerning the subsidisation of an Indian PET film producer, Garware Polyester Limited, amended the definitive anti-dumping duty imposed on that company by Regulation (EC) No 1676/2001.

               (4)

               In September 2006, by Regulation (EC) No 1424/2006 (6), the Council, following a new exporting producer request, amended Regulation (EC) No 1676/2001 in respect of one Indian exporter. The amended Regulation established a dumping margin of 15,5 % and a anti-dumping duty rate of 3,5 % for the company concerned taking into account the company’s export subsidy margin as ascertained in the anti-subsidy investigation which led to the adoption of Regulation (EC) No 367/2006. Since the company did not have an individual countervailing duty, the rate established for all other companies was applied.

               (5)

               In November 2007, by Regulation (EC) No 1292/2007 (7), the Council imposed a definitive anti-dumping duty on imports of PET film originating in India following an expiry review pursuant to Article 11(2) of the basic Regulation. By the same Regulation a partial interim review pursuant to Article 11(3) of the basic Regulation, limited in scope to the examination of dumping in respect of one Indian exporting producer, was terminated.

               (6)

               In January 2009, by Regulation (EC) No 15/2009 (8), the Council, following a partial interim review initiated by the Commission on its own initiative concerning the subsidisation of five Indian PET film producers, amended the definitive anti-dumping duties imposed on these companies by Regulation (EC) No 1292/2007 and the definitive countervailing duties imposed on these companies by Regulation (EC) No 367/2006.

               (7)

               Regulation (EC) No 1292/2007 also maintained the extension of the measures to Brazil and Israel with certain companies being exempted. The last amendment to Regulation (EC) No 1292/2007 in this regard was made by Council Regulation (EC) No 806/2010 (9).

               (8)

               Applicant of this interim review — Garware Polyester Limited is currently subject to a definitive anti-dumping duty of 14,7 %.

         2.   Existing countervailing measures

               (9)

               It should also be noted that Garware Polyester Limited is subject to a countervailing duty of 5,4 % on the basis of Regulation (EC) No 15/2009.

         3.   Request for a partial interim review

               (10)

               In August 2009, the Commission received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation. The request, limited in scope to the examination of dumping, was lodged by Garware Polyester Limited, an exporting producer from India (‘Garware’ or ‘the applicant’). In its request, the applicant claimed that the circumstances on the basis of which measures were imposed have changed and that these changes are of a lasting nature. The applicant provided prima facie evidence that the continued imposition of the measure at its current level is no longer necessary to offset dumping.

         4.   Initiation of a review

               (11)

               Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of a partial interim review, the Commission announced by a ‘Notice of Initiation’ published on 1 December 2009 in the Official Journal of the European Union
                   (10) the initiation of a partial interim review in accordance with Article 11(3) of the basic Regulation limited in scope to the examination of dumping in respect of the applicant.

               (12)

               The partial interim review investigation was also to assess the need, depending on the review findings, to amend the rate of duty currently applicable to imports of the product concerned from exporting producers in the country concerned not individually mentioned in Article 2(2) of Regulation (EC) No 1292/2007, i.e. the anti-dumping duty rate as applying to ‘all other companies’ in India.

         5.   Investigation

               (13)

               The investigation of the level of dumping covered the period from 1 October 2008 to 30 September 2009 (‘review investigation period’ or ‘RIP’).

               (14)

               The Commission officially informed the applicant, the authorities of the exporting country, and the Union industry, of the initiation of the partial interim review investigation. Interested parties were given the opportunity to make their views known in writing and to be heard.

               (15)

               In order to obtain the information necessary for its investigation, the Commission sent a questionnaire to the applicant and received a reply within the deadline set for that purpose.

               (16)

               The Commission sought and verified all information it deemed necessary for the determination of dumping. A verification visit was carried out at the premises of the applicant.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

   1.   Product concerned

               (17)

               The product concerned by this review is the same as that defined in Regulation (EC) No 1292/2007 imposing the measures in force, namely polyethylene terephthalate (PET) film, originating in India, currently falling within CN codes ex 3920 62 19 and ex 3920 62 90.

         2.   Like product

               (18)

               As in previous investigations, this investigation has shown that PET film produced in India and exported to the Union and the PET film produced and sold domestically on the Indian market, as well as the PET film produced and sold in the EU by the Union producers, have the same basic physical and chemical characteristics and the same basic uses.

               (19)

               These products are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.

         C.   DUMPING

   (a)   Normal value

               (20)

               In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the applicant’s domestic sales of the like product to independent customers were representative, i.e. whether the total volume of such sales was equal to at least 5 % of the total volume of the corresponding export sales to the Union.

               (21)

               The Commission subsequently identified those types of the like product sold domestically by the company that were identical or directly comparable to the types sold for export to the Union.

               (22)

               It was further examined whether the domestic sales of the applicant were representative for each product type, i.e. whether domestic sales of each product type constituted at least 5 % of the sales volume of the same product type to the Union. For the product types sold in representative quantities it was then examined whether such sales were made in the ordinary course of trade, in accordance with Article 2(4) of the basic Regulation.

               (23)

               The examination as to whether the domestic sales of each product type, sold domestically in representative quantities, could be regarded as having been made in the ordinary course of trade was made by establishing the proportion of the profitable sales to independent customers of the type in question. In all cases where the domestic sales of the particular product type were made in sufficient quantities and in the ordinary course of trade, normal value was based on the actual domestic price, calculated as a weighted average of all the domestic sales of that type made during the RIP.

               (24)

               For the remaining product types where domestic sales were not representative or not sold in the ordinary course of trade, normal value was constructed in accordance with Article 2(3) of the basic Regulation. Normal value was constructed by adding to the manufacturing costs of the exported types, adjusted where necessary, a reasonable percentage for selling, general and administrative expenses and a reasonable margin for profit, on the basis of actual data pertaining to production and sales, in the ordinary course of trade, of the like product, by the exporting producer under investigation in accordance with the first sentence of Article 2(6) of the basic Regulation.

         (b)   Export price

               (25)

               Since all export sales of the cooperating Indian exporting producer to the Union were made directly to independent customers, the export price was established on the basis of the prices actually paid or payable for the product concerned in accordance with Article 2(8) of the basic Regulation.

         (c)   Comparison

               (26)

               The comparison between the weighted average normal value and the weighted average export price was made on an ex-works basis and at the same level of trade. In order to ensure a fair comparison between normal value and the export price, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were demonstrated to affect prices and price comparability. For this purpose, due allowance in the form of adjustments was made for differences in transport, insurance, handling, loading and ancillary costs, commissions, financial costs and packing costs paid by the applicant where applicable and justified.

         (d)   Dumping margin

               (27)

               As provided for under Article 2(11) of the basic Regulation, the weighted average normal value by type was compared with the weighted average export price of the corresponding type of the product concerned. This comparison did not show the existence of dumping.

         D.   LASTING NATURE OF CHANGED CIRCUMSTANCES

               (28)

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

               (29)

               In this regard the investigation showed that after the previous investigation, i.e. the expiry review referred to in recital 5, Garware has made significant changes in its production process and technology. The company has shifted from dimethyl terephthalate (DMT) to purified terephthalic acid (PTA) as the main raw material. During the investigation period of that expiry review Garware was the only Indian exporting producer which was still using the old technology based on DMT. This change of technology as well as the investment in a new plant for manufacturing chips has resulted in a significant reduction of costs of manufacturing between the previous expiry review and the current review. This cost reduction has a direct impact on the dumping margin. This change in circumstances can therefore be considered to be of a lasting nature.

               (30)

               It should be also noted that an indicative dumping margin calculated for export sales of the applicant to third countries in the RIP was negative. In terms of volume these sales were several times higher than the export sales to the Union.

               (31)

               It was therefore considered that the circumstances that led to the initiation of this interim review are unlikely to change in the foreseeable future in a manner that would affect the findings of the interim review. Therefore it was concluded that the changed circumstances are of a lasting nature and that the application of the measure at its current level is no longer justified.

         E.   ANTI-DUMPING MEASURES

               (32)

               In the light of the results of this review investigation, it is considered appropriate to amend the anti-dumping duty applicable to imports of the product concerned from Garware to 0 %.

               (33)

               Pursuant to 14(1) of the basic Regulation and Article 24(1), second subparagraph of Council Regulation (EC) No 597/2009 (11), no product shall be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from export subsidisation. As mentioned in recital 9 above, the applicant is subject to a countervailing duty. Since the anti-dumping duty established for the applicant is 0 % with regard to the product concerned, this situation does not arise in the present case.

               (34)

               Interested parties were informed of the essential facts and considerations on the basis of which it was intended to propose to amend the duty rate applicable to the applicant and were given opportunity to comment. No comments were received,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The entry concerning Garware Polyester Limited, in the table in Article 2(2) of Regulation (EC) No 1292/2007, shall be replaced by the following:

                  ‘Garware Polyester Limited, Garware House, 50-A, Swami Nityanand Marg, Vile Parle (East), Mumbai 400 057, India

                  0,0

                  A028’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 January 2011.

            For the Council

            The President

         G. MATOLCSY

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

      (2)  OJ L 227, 23.8.2001, p. 1.

      (3)  OJ L 68, 8.3.2006, p. 6.

      (4)  OJ L 68, 8.3.2006, p. 15.

      (5)  OJ L 236, 31.8.2006, p. 1.

      (6)  OJ L 270, 29.9.2006, p. 1.

      (7)  OJ L 288, 6.11.2007, p. 1.

      (8)  OJ L 6, 10.1.2009, p. 1.

      (9)  OJ L 242, 15.9.2010, p. 6.

      (10)  OJ C 291, 1.12.2009, p. 28.

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


title: Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council  Text with EEA relevance

text:
               19.4.2013

               EN

               Official Journal of the European Union

               L 109/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 354/2013
   of 18 April 2013
   on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 51 thereof,
   Whereas:

               (1)

               In order to ensure a harmonised approach, it is appropriate to adopt provisions for changes of biocidal products in respect of any of the information submitted in relation to the initial application for the authorisation or registration of biocidal products and biocidal product families authorised or registered in accordance with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (2) and Regulation (EU) No 528/2012.

               (2)

               Proposed changes of biocidal products should be classified in different categories, taking into account the extent to which they require a reassessment of the risk for human or animal health or the environment and of the efficacy of the biocidal product or biocidal product family. It is appropriate to establish the criteria to be used for classifying a change of a product in one of the categories referred to in Article 50(3) of Regulation (EU) No 528/2012.

               (3)

               In order to bring further predictability, the European Chemicals Agency (hereinafter ‘the Agency’) should issue opinions on the classification of changes of products. The Agency should also issue guidelines on the details of the various categories of changes. Those guidelines should be regularly updated in the light of scientific and technical progress.

               (4)

               It is necessary to clarify the procedure which will lead to a decision by the Commission in accordance with the first subparagraph of Article 50(2) of Regulation (EU) No 528/2012 and, where relevant, Article 44(5) thereof.

               (5)

               In order to reduce the overall number of possible applications and to enable Member States, the Agency and the Commission to focus on those changes that have a genuine impact on the properties of biocidal products, an annual reporting system should be introduced for certain changes of an administrative nature. Such changes should not require any prior agreement and should be notified within 12 months following implementation. However, other types of changes of an administrative nature, whose immediate reporting and prior examination is necessary for the continuous supervision of the biocidal product concerned should not be subject to the annual reporting system.

               (6)

               Each change should require a separate submission. Grouping of changes should nevertheless be allowed in certain cases, in order to facilitate the review of the changes and reduce the administrative burden.

               (7)

               Provisions should be introduced regarding the role of the coordination group established under Regulation (EU) No 528/2012 to increase cooperation between Member States and allow for the settlement of disagreements in the evaluation of certain changes.

               (8)

               This Regulation should clarify when the authorisation holder is allowed to implement a given change, as such clarification is essential for economic operators.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   This Regulation lays down provisions concerning changes of biocidal products sought in accordance with Article 50(2) of Regulation (EU) No 528/2012 with regard to any of the information submitted in relation to the initial application for the authorisation of biocidal products or biocidal product families in accordance with Directive 98/8/EC and Regulation (EU) No 528/2012 (hereinafter ‘changes of products’).
   Article 2
   Classification of changes of products
   1.   Changes of products are classified in accordance with the criteria laid down in the Annex to this Regulation. Certain categories of changes are listed in the tables of the Annex.
   2.   The holder of an authorisation may request the Agency to provide an opinion on the classification in accordance with the criteria laid down in the Annex to this Regulation of a change not listed in one of the tables of that Annex.
   The opinion shall be delivered within 45 days following receipt of the request and payment of the fee referred to in Article 80(1)(a) of Regulation (EU) No 528/2012.
   The Agency shall publish the opinion after deletion of all information of commercial confidential nature.
   Article 3
   Guidelines on classification
   1.   The Agency shall, after consulting the Member States, the Commission and interested parties, draw up guidelines on the details of the various categories of changes of products.
   2.   Those guidelines shall be regularly updated, taking into account the opinions taken in accordance with Article 2(2), contributions from Member States as well as scientific and technical progress.
   Article 4
   Grouping of changes
   1.   Where several changes of products are sought, a separate notification or application shall be submitted in respect of each change sought.
   2.   By way of derogation from paragraph 1, the following rules shall apply:

               (a)

               a single notification may cover a series of proposed administrative changes affecting different products in the same manner;

               (b)

               a single notification may cover a series of proposed administrative changes affecting the same product;

               (c)

               a single application may cover more than one proposed change of the same product in the following cases:

                           (1)

                           one of the proposed changes in the group is a major change of the product; all other proposed changes in the group are a direct consequence of that change;

                           (2)

                           one of the proposed changes in the group is a minor change; all other proposed changes in the group are a direct consequence of that change;

                           (3)

                           all changes in the group are a direct consequence of a new classification of the active substance(s) or non-active substance(s) contained in the product or of the product itself;

                           (4)

                           all changes in the group are a direct consequence of a specific condition of the authorisation;

               (d)

               a single application may cover more than one proposed change if the Member State evaluating the application in accordance with Article 7(4) or 8(4), or, in the case of a change of a Union authorisation, the Agency, confirms that it is practically feasible to handle those changes in the same procedure.

         The single applications referred to in points (c) and (d) of the first subparagraph shall be made in accordance with Article 7 or 12 where at least one of the proposed changes is a minor change of the product and none of the proposed changes is a major change of the product, and with Article 8 or 13 where at least one of the proposed changes is a major change of the product.
   Article 5
   Information requirements
   An application submitted in accordance with Article 50(2) of Regulation (EU) No 528/2012 shall contain the following:

               (1)

               the relevant filled application form as available from the Register for Biocidal Products, which shall contain:

                           (a)

                           a list of all the authorisations affected by the proposed change(s);

                           (b)

                           a list indicating all the Member States in which the product is authorised and the changes are sought (hereinafter the ‘Member States concerned’);

                           (c)

                           for products authorised by national authorisation, the Member State which evaluated the initial application for authorisation of the biocidal product or, if the changes are not sought in that Member State, the Member State having been chosen by the applicant together with written confirmation that that Member State agrees to be reference Member State (hereinafter referred to as the ‘reference Member State’);

                           (d)

                           for major changes of products authorised by Union authorisation, the Member State who evaluated the initial application for authorisation of the biocidal product or, if the changes are not sought in that Member State, the Member State having been chosen by the applicant together with written confirmation that that Member State agrees to evaluate the application of the change;

                           (e)

                           where relevant, a draft revised summary of the biocidal product characteristics in, as appropriate,

                                       (1)

                                       for products authorised by national authorisation, the official language(s) of all the Member States concerned;

                                       (2)

                                       for products authorised by Union authorisation, one of the official languages of the Union, which in case of major changes must be a language accepted by the Member State referred to in point (c) at the time of application;

               (2)

               a description of all the changes sought;

               (3)

               where a change leads to or is the consequence of other changes of the terms of the same authorisation, a description of the relation between these changes;

               (4)

               all relevant supporting documents to demonstrate that the proposed change would not adversely affect the conclusions previously reached concerning the compliance with the conditions set out in Article 19 or 25 of Regulation (EU) No 528/2012;

               (5)

               where relevant, the opinion issued by the Agency in accordance with Article 3 of this Regulation.

         CHAPTER II

      CHANGES OF PRODUCTS AUTHORISED BY MEMBER STATES

   Article 6
   Notification procedure for administrative changes of products
   1.   The authorisation holder, or its representative, shall submit simultaneously to all Member States concerned a notification complying with Article 5 and, in each of those Member States, pay the fee payable in accordance with Article 80(2) of Regulation (EU) No 528/2012.
   2.   Without prejudice to the second subparagraph, the notification shall be submitted within 12 months following the implementation of the change.
   In case of a change referred to in Section 1 of Title 1 of the Annex to this Regulation, the notification shall be submitted before the implementation of the change.
   3.   Within 30 days following receipt of the notification, where one of the Member States concerned disagrees with the change or the relevant fee has not been paid, that Member State shall inform the authorisation holder, or its representative, and the other Member States concerned that the change is rejected and the grounds for the rejection.
   If, within 30 days following receipt of the notification, a Member State concerned has not expressed its disagreement, that Member State shall be deemed to have agreed with the change.
   4.   Each of the Member States concerned which has not rejected the change in accordance with paragraph 3 shall, where relevant, amend the authorisation of the biocidal product in conformity with the agreed change.
   Article 7
   Procedure for minor changes of products
   1.   The authorisation holder, or its representative, shall submit simultaneously to all Member States concerned an application complying with Article 5.
   2.   Each Member State concerned shall inform the applicant of the fee payable in accordance with Article 80(2) of Regulation (EU) No 528/2012. If the applicant fails to pay the fee within 30 days, the Member State concerned shall reject the application and inform the applicant and the other Member States concerned accordingly. Upon receipt of the fee, the Member State concerned shall accept the application and inform the applicant accordingly indicating the date of acceptance.
   3.   The reference Member State shall validate the application within 30 days of its acceptance, if it complies with the requirements laid down in Article 5 and inform the applicant and the Member States concerned accordingly.
   In the context of the validation referred to in the first subparagraph, the reference Member State shall not make an assessment of the quality or the adequacy of the data or justifications submitted.
   Where the reference Member State considers that the application is incomplete, it shall inform the applicant as to what additional information is required for the application to be completed and shall set a reasonable time limit for the submission of that information. That time limit shall not normally exceed 45 days.
   The reference Member State shall, within 30 days of receipt of the additional information, validate the application if the additional information submitted is sufficient to comply with the requirements laid down in Article 5.
   The reference Member State shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the Member States concerned accordingly.
   4.   Within 90 days of validating an application, the reference Member State shall evaluate the application and draft an assessment report and shall send its assessment report and, where relevant, the revised summary of the biocidal product characteristics to the Member States concerned and to the applicant.
   5.   Where it appears that additional information is necessary to carry out the evaluation, the reference Member State shall ask the applicant to submit such information within a specified time limit. The period referred to in paragraph 4, shall be suspended from the date of the request until the date the information is received. The time limit given to the applicant shall not exceed 45 days in total unless justified by the nature of the data requested or by exceptional circumstances.
   The reference Member State shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the Member States concerned accordingly.
   6.   If, within 45 days of receipt of the assessment report and, where relevant, of the revised summary of the biocidal product characteristics, the Member States concerned express no disagreement in accordance with Article 10, those Member States shall be deemed to have agreed with the conclusions of the assessment report and, where relevant, the revised summary of the biocidal product characteristics.
   7.   Within 30 days of reaching agreement, the reference Member State shall inform the applicant of the agreement and make it available in the Register for Biocidal Products referred to in Article 71 of Regulation (EU) No 528/2012. The reference Member State and each of the Member States concerned shall, where relevant, amend the authorisations of the biocidal product in conformity with the agreed change.
   Article 8
   Procedure for major changes of products
   1.   The authorisation holder, or its representative, shall submit simultaneously to all Member States concerned an application complying with Article 5.
   2.   Each Member State concerned shall inform the applicant of the fee payable in accordance with Article 80(2) of Regulation (EU) No 528/2012. If the applicant fails to pay the fee within 30 days, the Member State concerned shall reject the application and inform the applicant and the other Member States concerned accordingly. Upon receipt of the fee, the Member State concerned shall accept the application and inform the applicant accordingly indicating the date of acceptance.
   3.   The reference Member State shall validate the application within 30 days of its acceptance if it complies with the requirements laid down in Article 5 and inform the applicant and the Member States concerned accordingly.
   In the context of the validation referred to in the first subparagraph, the reference Member State shall not make an assessment of the quality or the adequacy of the data or justifications submitted.
   Where the reference Member State considers that the application is incomplete, it shall inform the applicant as to what additional information is required for the validation of the application and shall set a reasonable time limit for the submission of that information. That time limit shall not normally exceed 90 days.
   The reference Member State shall, within 30 days of receipt of the additional information, validate the application if it determines that the additional information submitted is sufficient to comply with the requirements laid down in Article 5.
   The reference Member State shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the Member States concerned accordingly.
   4.   Within 180 days of validating an application, the reference Member State shall evaluate the application and draft an assessment report and shall send its assessment report and, where relevant, the revised summary of the biocidal product characteristics to the Member States concerned and to the applicant.
   5.   Where it appears that additional information is necessary to carry out the evaluation, the reference Member State shall ask the applicant to submit such information within a specified time limit. The period referred to in paragraph 4 shall be suspended from the date of the request until the date on which the information is received. The time limit given to the applicant shall not exceed 90 days in total unless justified by the nature of the data requested or by exceptional circumstances.
   The reference Member State shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the Member States concerned accordingly.
   6.   If, within 90 days of receipt of the assessment report and, where relevant, of the revised summary of the biocidal product characteristics, the Member States concerned express no disagreement in accordance with Article 10, those Member States shall be deemed to agree with the conclusions of the assessment report and, where appropriate, the revised summary of the biocidal product characteristics.
   7.   Within 30 days of reaching agreement, the reference Member State shall inform the applicant of the agreement, and the reference Member State and each of the Member States concerned shall, where relevant, amend the authorisations of the biocidal product in conformity with the agreed change.
   Article 9
   Biocidal products authorised in accordance with Article 26 of Regulation (EU) No 528/2012
   1.   Where the authorisation has been granted in accordance with Article 26 of Regulation (EU) No 528/2012, the authorisation holder or its representative shall notify each Member State, on the territory of which the biocidal product is made available, of notifications or applications made to the reference Member State in accordance with Article 6, 7 or 8 of this Regulation.
   2.   Where a reference Member State has agreed with a revised summary of the biocidal product characteristics, the authorisation holder or its representative shall submit the revised summary to each Member State on the territory of which the biocidal product is made available in the official language(s) of that Member State.
   Article 9a
   Procedure for changes already agreed by other Member States
   1.   Where an administrative change has already been agreed in one or more Member States and the authorisation holder seeks the same administrative change in an additional Member State concerned, the authorisation holder or its representative shall submit a notification in accordance with Article 6(1) to the additional Member State concerned.
   2.   Where a minor or a major change has already been agreed in one or more Member States and the authorisation holder seeks the same minor or major change in an additional Member State concerned, the authorisation holder, or its representative, shall submit an application complying with Article 5 to the additional Member State concerned.
   3.   The Member State concerned shall inform the applicant of the fee payable in accordance with Article 80(2) of Regulation (EU) No 528/2012. If the applicant fails to pay the fee within 30 days, the Member State concerned shall reject the application and inform the applicant and the other Member States concerned accordingly. Upon receipt of the fee, the Member State concerned shall accept the application and inform the applicant accordingly indicating the date of acceptance.
   4.   If within 45 days in the case of a minor change, or 90 days in the case of a major change, of the date of acceptance, the Member State concerned express no disagreement in accordance with Article 10, it shall be deemed to agree with the conclusions of the assessment report and, where appropriate, the revised summary of the biocidal product characteristics.
   5.   Within 30 days of the agreement referred to in paragraph 4, the Member State concerned shall inform the applicant of the agreement, and, where relevant, amend the authorisation of the biocidal product in conformity with the agreed change.
   Article 10
   Coordination group, arbitration and derogation from mutual recognition
   1.   A Member State concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation in accordance with Article 37 of Regulation (EU) No 528/2012.
   2.   Where, regarding matters other than those referred to in paragraph 1, the Member States concerned do not reach an agreement on the conclusions of the assessment report or, where relevant, on the revised summary of the biocidal product characteristics in accordance with Article 7(6) or 8(6), or a Member State concerned has disagreed in accordance with Article 6(3), the reference Member State shall refer the matter to the coordination group referred to in Article 35 of Regulation (EU) No 528/2012.
   Where a Member State concerned is in disagreement with the reference Member State, the former shall give a detailed statement of the reasons for its position to all Member States concerned and to the applicant.
   3.   Articles 35 and 36 of Regulation (EU) No 528/2012 shall apply to matters of disagreement referred to in paragraph 2.
   CHAPTER III

      CHANGES OF PRODUCTS AUTHORISED BY THE COMMISSION

   Article 11
   Notification procedure for administrative changes of products
   1.   The authorisation holder, or its representative, shall submit to the Agency a notification complying with Article 5 and pay the fee referred to in Article 80(1)(a) of Regulation (EU) No 528/2012.
   2.   Without prejudice to the second subparagraph, that notification shall be submitted within 12 months following implementation of the change.
   In case of a change referred to in Section 1 of Title 1 of the Annex to this Regulation, the notification shall be submitted before the implementation of the change.
   3.   Within 30 days following receipt of the notification and subject to the payment of the relevant fee, the Agency shall prepare and submit to the Commission an opinion on the proposed change.
   4.   If, within 30 days following receipt of the notification, the relevant fee has not been paid, the Agency shall reject the application and inform the applicant accordingly.
   An appeal may be brought, in accordance with Article 77 of Regulation (EU) No 528/2012, against Agency decisions under this paragraph.
   5.   The Agency shall inform the applicant of its opinion and shall, where relevant, request the applicant to submit in all the official languages of the Union, a draft revised summary of the biocidal product characteristics.
   6.   Within 30 days of the submission of its opinion to the Commission, the Agency shall, where relevant, transmit to the Commission, in all the official languages of the Union, the revised summary of the biocidal product characteristics, as referred to in Article 22(2) of Regulation (EU) No 528/2012.
   Article 12
   Procedure for minor changes of products
   1.   The authorisation holder, or its representative, shall submit to the Agency an application complying with the Article 5.
   2.   The Agency shall inform the applicant of the fee payable under Article 80(1)(a) of Regulation (EU) No 528/2012, and shall reject the application if the applicant fails to pay the fee within 30 days. It shall inform the applicant accordingly.
   Upon receipt of the fee, the Agency shall accept the application and inform the applicant accordingly.
   An appeal may be brought, in accordance with Article 77 of Regulation (EU) No 528/2012, against Agency decisions under this paragraph.
   3.   The Agency shall validate the application within 30 days of the date of acceptance if it complies with the requirements laid down in Article 5.
   In the context of the validation referred to in the first subparagraph, the Agency shall not make an assessment of the quality or the adequacy of the data or justifications submitted.
   Where the Agency considers that the application is incomplete, it shall inform the applicant as to what additional information is required for the completeness of the application and shall set a reasonable time limit for the submission of that information. That time limit shall not normally exceed 45 days.
   The Agency shall, within 30 days of receipt of the additional information, validate the application if it determines that the additional information submitted is sufficient to comply with the requirements laid down in Article 5.
   The Agency shall reject the application if the applicant fails to submit the requested information within the deadline and inform the applicant accordingly. In such cases, part of the fee paid in accordance with paragraph 2 shall be reimbursed.
   An appeal may be brought, in accordance with Article 77 of Regulation (EU) No 528/2012, against Agency decisions under this paragraph.
   4.   Within 90 days of accepting an application as valid, the Agency shall prepare and submit to the Commission an opinion on the proposed change. In case of a favourable opinion, the Agency shall indicate whether the proposed change would require an amendment of the authorisation.
   The Agency shall inform the applicant of its opinion and make it available in the Register for Biocidal Products referred to in Article 71 of Regulation (EU) No 528/2012, and shall, where relevant, request the applicant to submit in all the official languages of the Union, a draft revised summary of the biocidal product characteristics.
   5.   Where it appears that additional information is necessary to carry out the evaluation, the Agency shall ask the applicant to submit such information within a specified time limit. The period referred to in paragraph 4 shall be suspended from the date of the request until the date the information is received. The time limit given to the applicant shall not exceed 45 days in total unless justified by the nature of the data requested or by exceptional circumstances.
   6.   Within 30 days of the submission of its opinion to the Commission, the Agency shall, where relevant, transmit to the Commission, in all the official languages of the Union, the revised summary of the biocidal product characteristics, as referred to in Article 22(2) of Regulation (EU) No 528/2012.
   Article 13
   Procedure for major changes of products
   1.   The authorisation holder, or its representative, shall submit to the Agency an application complying with Article 5.
   2.   The Agency shall inform the applicant of the fee payable under Article 80(1)(a) of Regulation (EU) No 528/2012, and shall reject the application if the applicant fails to pay the fee within 30 days. It shall inform the applicant and the competent authority of the Member State referred to in Article 5(1)(d) (hereinafter referred to as the ‘evaluating competent authority’) accordingly.
   Upon receipt of the fee, the Agency shall accept the application and inform the applicant and the evaluating competent authority accordingly.
   An appeal may be brought, in accordance with Article 77 of Regulation (EU) No 528/2012, against decisions of the Agency under this paragraph.
   3.   Within 30 days of the Agency accepting an application, the evaluating competent authority shall validate the application if it complies with the requirements laid down in Article 5.
   In the context of the validation referred to in the first subparagraph, the evaluating competent authority shall not make an assessment of the quality or the adequacy of the data or justifications submitted.
   The evaluating competent authority shall, within 15 days from the Agency’s acceptance of an application, inform the applicant of the fee payable under Article 80(2) of Regulation (EU) No 528/2012 and shall reject the application if the applicant fails to pay the fee within 30 days.
   4.   Where the evaluating competent authority considers that the application is incomplete, it shall inform the applicant as to what additional information is required for the completeness of the application and shall set a reasonable time limit for the submission of that information. That time limit shall not normally exceed 90 days.
   The evaluating competent authority shall, within 30 days of receipt of the additional information, validate the application if it determines that the additional information submitted is sufficient to comply with the requirements laid down in Article 5.
   The evaluating competent authority shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the Agency accordingly. In such cases, part of the fee paid in accordance with paragraph 2 shall be reimbursed.
   5.   The evaluating competent authority shall, within 180 days of the validation of an application, evaluate it and send an assessment report and the conclusions of its evaluation, including, where relevant, a draft revised summary of the product characteristics, to the Agency.
   Prior to submitting its conclusions to the Agency, the evaluating competent authority shall provide the applicant with the opportunity to provide written comments on the conclusions of the evaluation within 30 days. The evaluating competent authority shall take due account of those comments when finalising its evaluation.
   6.   Where it appears that additional information is necessary to carry out the evaluation, the evaluating competent authority shall ask the applicant to submit such information within a specified time limit, and shall inform the Agency accordingly. The period referred to in paragraph 5 shall be suspended from the date of the request until the date the information is received. The time limit given to the applicant shall not exceed 90 days in total unless justified by the nature of the data requested or by exceptional circumstances.
   7.   Within 90 days of receipt of the conclusions of the evaluation, the Agency shall prepare and submit to the Commission an opinion on the proposed change. In case of a favourable opinion, the Agency shall indicate whether the proposed change would require an amendment of the authorisation.
   The Agency shall inform the applicant of its opinion and shall, where relevant, request the applicant to submit, in all the official languages of the Union, a draft revised summary of the biocidal product characteristics.
   8.   Within 30 days of the submission of its opinion to the Commission, the Agency shall, where relevant, transmit to the Commission, in all the official languages of the Union, the draft revised summary of the biocidal product characteristics, as referred to in Article 22(2) of Regulation (EU) No 528/2012.
   CHAPTER IV

      IMPLEMENTATION OF CHANGES

   Article 14
   Administrative changes of products
   1.   Administrative changes referred to in Section 2 of Title 1 of the Annex may be implemented any time before completion of the procedures laid down in Articles 6 and 11.
   Administrative changes referred to in Section 1 of Title 1 of the Annex may be implemented at the earliest on the date when the Member State or, in the case of changes of a product authorised by Union authorisation, the Commission explicitly agrees with the change, or 45 days following receipt of the notification submitted in accordance with Articles 6 and 11, whichever is earliest.
   2.   Where one of the changes referred to in paragraph 1 is rejected, the authorisation holder shall cease to apply the concerned change within 30 days following notification of the decision of the relevant Member States or, in the case of changes of a product authorised by Union authorisation, the Commission.
   Article 15
   Minor changes
   1.   Subject to a favourable opinion from the Agency, minor changes of a product authorised by Union authorisation may be implemented any time after the Agency’s opinion has been made available in the Register for Biocidal Products in accordance with Article 12(4).
   2.   Where the proposed minor change of the product is rejected by the Commission in accordance with Article 50(2) of Regulation (EU) No 528/2012, the authorisation holder shall cease to apply the proposed change within 30 days following notification of the decision of the Commission.
   3.   Minor changes of a product authorised by Member States may be implemented any time after the reference Member State has made the agreement available in the Register for Biocidal Products in accordance with Article 7(7).
   Article 16
   Major changes
   Major changes may only be implemented after the concerned Member States have or, in the case of changes of a product authorised by Union authorisation, the Commission has agreed with the change and, where relevant, amended the decision granting the authorisation by the decision referred to in Article 50(2) of Regulation (EU) No 528/2012.
   CHAPTER V

      FINAL PROVISIONS

   Article 17
   Continuous monitoring of implementation of changes
   Where requested by a Member State, the Agency or the Commission and for the purpose of monitoring biocidal products placed on the market, authorisation holders shall without delay supply the requesting authority with any information related to the implementation of a given change.
   Article 18
   Entry into force
   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 September 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  OJ L 123, 24.4.1998, p. 1.

      ANNEX

         CLASSIFICATION OF CHANGES OF PRODUCTS

      TITLE 1

         Administrative changes of products

      An administrative change of a product is a change following which any change of the existing authorisation can be expected to be only administrative within the meaning of Article 3(1)(aa) of Regulation (EU) No 528/2012.

         SECTION 1

            Administrative changes of products requiring prior notification before implementation

      An administrative change of a product requiring prior notification before implementation is an administrative change, the knowledge of which is important for purposes of control and enforcement. Such changes include those listed in the following table, provided that the conditions therein are met:

                     Name of the biocidal product

                  1.

                  Changes of the name of the biocidal product where there is no risk of confusion with the names of other biocidal products.

                  2.

                  Addition of a name for the biocidal product where there is no risk of confusion with the names of other biocidal products.

                     Authorisation holder

                  3.

                  Transfer of the authorisation to a new holder established in the European Economic Area (EEA).

                  4.

                  Change in the name or address of the authorisation holder, which remains in the EEA.

                     Manufacturer(s) of the active substance(s)

                  5.

                  Addition of a manufacturer of the active substance or change in the manufacturer’s identity or in manufacturing location or process, where the technical equivalence between the substances from the two manufacturers, manufacturing locations and processes has been established by the Agency in accordance with Article 54 of Regulation (EU) No 528/2012, and the manufacturer or importer is listed in accordance with Article 95(2) of Regulation (EU) No 528/2012.

                     Biocidal product family

                  6.

                  Authorisation as a biocidal product family of a number of authorised products falling within the specifications of a frame-formulation established in accordance with Directive 98/8/EC in accordance with the same terms and conditions.

         SECTION 2

            Administrative changes of products which can be notified after implementation

      An administrative change of a product which can be notified after implementation is an administrative change, the knowledge of which is not important for purposes of control and enforcement. Such changes include those listed in the following table, provided that the conditions therein are met:

                     Authorisation holder

                  1.

                  Change in other administrative details of the authorisation holder than the name and address.

                     Formulator(s) of the biocidal product

                  2.

                  Change in the name, the administrative details or the formulating location of the biocidal product formulator, where the biocidal product composition and the formulating process remain unchanged.

                  3.

                  Deletion of a formulating location or a formulator of the biocidal product

                  4.

                  Addition of a formulator of the biocidal product, where the biocidal product composition and the formulating process remain unchanged.

                     Manufacturer(s) of the active substance(s)

                  5.

                  Change in the name or the administrative details of a manufacturer of the active substance, where the manufacturing location and process remain unchanged and the manufacturer remains listed in accordance with Article 95(2) of Regulation (EU) No 528/2012

                  6.

                  Deletion of a manufacturer or a manufacturing location of the active substance

                     Conditions of use

                  7.

                  More precise instructions for use, where only wording but not content of instructions are changed.

                  8.

                  Removal of a particular claim, such as a specific target organism or a specific use.

                  9.

                  Removal of a category of users.

                  10.

                  Addition, replacement or modification of a measuring or administration device not relevant for the risk assessment and not regarded as a risk mitigation measure.

                     Classification and labelling

                  11.

                  Change to the classification and labelling, where the change is limited to what is necessary to comply with newly applicable requirements of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (1).

            TITLE 2

         Minor changes of products

      A minor change of a product is a change, following which any change of the existing authorisation can be expected to be minor within the meaning of Article 3(1)(ab) of Regulation (EU) No 528/2012, since the change of the product is not expected to affect the conclusion with regard to the fulfilment of the conditions of Article 19 or 25 of that Regulation. Such changes include the changes listed in the following table, provided that the conditions therein are met:

                     Composition

                  1.

                  Increase or reduction, addition, deletion or replacement of a non-active substance intentionally incorporated in the product, where:

                              —

                              The added or increased non active-substance is not a substance of concern.

                              —

                              The deletion or reduction of the non-active substance does not lead to an increase of an active substance or a substance of concern.

                              —

                              The physical-chemical properties and the shelf-life of the product are expected to remain the same.

                              —

                              The risk and efficacy profile are expected to remain the same.

                              —

                              A new quantitative risk assessment is not expected to be necessary

                  2.

                  Increase, reduction, addition or deletion, or replacement of a non-active substance intentionally incorporated in a biocidal product family outside the authorised range, where:

                              —

                              The added or increased non-active substance is not a substance of concern.

                              —

                              The deletion or reduction of the non-active substance does not lead to an increase of an active substance or a substance of concern.

                              —

                              The physical-chemical properties and the shelf-life of the products of the biocidal product family remain the same.

                              —

                              The risk and efficacy profile are expected to remain the same.

                              —

                              A new quantitative risk assessment is not expected to be necessary.

                     Conditions of use

                  3.

                  Changed instructions for use, where the changes do not adversely affect the exposure

                  4.

                  Addition, replacement or modification of a measuring or administration device relevant for the risk assessment and regarded as a risk mitigation measure, where:

                              —

                              The new device accurately delivers the required dose for the biocidal product concerned in line with the approved conditions of use.

                              —

                              The new device is compatible with the biocidal product.

                              —

                              The change is not expected to adversely affect the exposure.

                     Shelf-life and conditions of storage

                  5.

                  Change in the shelf-life.

                  6.

                  Change in the conditions of storage

                     Pack size

                  7.

                  Change in the pack size range, where:

                              —

                              New range is consistent with the dose rate and instructions for use as approved in the summary of the biocidal product characteristics.

                              —

                              No change of user category.

                              —

                              The same risk-mitigation measures apply.

            TITLE 3

         Major changes of products

      A major change of a product is a change, following which any change of the existing authorisation can be expected to be major within the meaning of Article 3(1)(ac) of Regulation (EU) No 528/2012, since the change of the product can be expected to affect the conclusion with regard to the fulfilment of the conditions of Article 19 or 25 of that Regulation.

         (1)  OJ L 353, 31.12.2008, p. 1.


title: Commission Implementing Regulation (EU) 2017/1581 of 18 September 2017 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 September 2017 under the tariff quotas opened by Regulation (EC) No 1385/2007 in the poultrymeat sector

text:
               19.9.2017

               EN

               Official Journal of the European Union

               L 239/30

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1581
   of 18 September 2017
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 September 2017 under the tariff quotas opened by Regulation (EC) No 1385/2007 in the poultrymeat sector
   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 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1385/2007 (2) opened annual tariff quotas for imports of poultrymeat products.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 September 2017 for the subperiod from 1 October to 31 December 2017 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               In order to ensure the efficient management of the measure, 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 quantities covered by the applications for import licences lodged under Regulation (EC) No 1385/2007 for the subperiod from 1 October to 31 December 2017 shall be multiplied by the allocation coefficient 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.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 September 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (OJ L 309, 27.11.2007, p. 47).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 October to 31 December 2017
                  (%)

                  09.4410

                  0,122017

                  09.4411

                  0,147890

                  09.4412

                  0,124570

                  09.4420

                  0,138450

                  09.4421

                  —

                  09.4422

                  0,138449