title: Commission Implementing Regulation (EU) 2020/598 of 30 April 2020 granting aid for private storage for skimmed milk powder and fixing the amount of aid in advance

text:
                  4.5.2020

                  EN

                  Official Journal of the European Union

                  L 140/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/598
         of 30 April 2020
         granting aid for private storage for skimmed milk powder and fixing the amount of aid in advance
         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 18(2) thereof,
         Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (2), and in particular Article 4(2)(b) thereof,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (3), and in particular Article 62(2)(b) thereof,
         Whereas:

                     (1)

                     Due to the current pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States there has been a drop in demand for certain products in the milk and milk products sector. The spread of the disease and the measures in place limit the availability of labour, compromising notably the stages of production, collection and processing of milk. Furthermore, the mandatory closure of shops, outdoor markets, restaurants and other hospitality establishments has brought the operation of the hospitality and catering industry to a halt, leading to significant changes in the demand patterns for milk and milk products. The hospitality and catering industry is traditionally responsible for the consumption of approximately between 10 and 20 %, depending on the product, of the Union milk and milk products production. In addition, buyers in the Union and on the world market are cancelling contracts and delaying the conclusion of new ones in anticipation of further price falls.

                     (2)

                     As a result, the processing of raw milk intake is partially being diverted into bulk, long shelf life, storable products that are less labour intense, such as skimmed milk powder and butter, beyond the regular market demand.

                     (3)

                     In order to reduce the resulting supply-demand imbalance, it is appropriate to grant private storage aid for skimmed milk powder.

                     (4)

                     Commission Delegated Regulation (EU) 2016/1238 (4) and Commission Implementing Regulation (EU) 2016/1240 (5) lay down rules for the implementation of the aid for private storage. Save as otherwise provided in this Regulation, the provisions of Delegated Regulation (EU) 2016/1238 and Implementing Regulation (EU) 2016/1240 should apply to the private storage aid for skimmed milk powder.

                     (5)

                     The amount of the aid should be fixed in advance so as to allow for a rapid and flexible operational system. In accordance with Article 4 of Regulation (EU) No 1370/2013, the aid for private storage fixed in advance should be based on storage costs and other relevant market elements. It is appropriate to set an aid for fixed storage costs for entry and exit of the products concerned and an aid per day of storage for costs for storage and financing.

                     (6)

                     For reasons of administrative efficiency and simplification, applications should only refer to skimmed milk powder already in storage and a security should not be required. In that context, it is appropriate to fix the period of storage.

                     (7)

                     For reasons of administrative efficiency and simplification, the minimum quantity of products to be covered by each application should be fixed.

                     (8)

                     The measures put in place to address the pandemic of COVID-19 may affect compliance with the requirements for on-the-spot checks concerning aid for private storage pursuant to Article 60 of Implementing Regulation (EU) 2016/1240. It is appropriate to provide flexibility to the Member States concerned by those measures, by prolonging the period for carrying out the entry into storage checks or by substituting them by the use of other relevant evidence, and by not requiring the carrying out of unannounced checks. It is therefore appropriate to derogate from certain provisions of Implementing Regulation (EU) 2016/1240 for the purposes of this Regulation.

                     (9)

                     In order to have an immediate impact on the market and to contribute to stabilise prices, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter and scope

               1.   This Regulation provides for private storage aid for skimmed milk powder, as referred to in point (g) of the first subparagraph of Article 17 of Regulation (EU) No 1308/2013, hereinafter the ‘aid’.

               2.   Delegated Regulation (EU) 2016/1238 and Implementing Regulation (EU) 2016/1240 shall apply save as otherwise provided for in this Regulation.

            Article 2
            Eligible products
            In order to qualify for the aid, the skimmed milk powder shall be of sound and fair marketable quality and of Union origin. The product shall fulfil the requirements laid down in Section VI of Annex VI to Delegated Regulation (EU) 2016/1238.

            Article 3
            Submission and admissibility of applications

               1.   Applications for aid may be lodged as from 7 May 2020. The last date for the submission of applications shall be 30 June 2020.

               2.   Applications shall relate to products that have already been placed in storage.

               3.   The minimum quantity per application is 10 tonnes.

            Article 4
            Amount of aid and period of storage

               1.   The amount of aid shall be fixed as follows:

                           (a)

                           EUR 5,11 per tonne of storage for fixed storage costs;

                           (b)

                           EUR 0,13 per tonne per day of contractual storage.

               2.   Contractual storage shall end on the day preceding that of the removal from storage.

               3.   Aid may be granted only where the contractual storage period is between 90 and 180 days.

            Article 5
            Checks

               1.   By way of derogation from Article 60(1) and (2) of Implementing Regulation (EU) 2016/1240, where due to the measures put in place to address the pandemic of COVID-19, hereinafter ‘the measures’, the paying agency is not in a position to carry out in due time the checks referred to in Article 60(1) and (2) of that Regulation, the Member State concerned may:

                           (a)

                           extend the period referred to in the first subparagraph of Article 60(1) to carry out those checks by up to 30 days after the end of the measures; or

                           (b)

                           substitute those checks during the period when the measures are applicable by the use of relevant evidence, including geotagged photos or other evidence in electronic format.

               2.   By way of derogation from the first subparagraph of Article 60(3) of Implementing Regulation (EU) 2016/1240, where due to the measures the paying agency is not in a position to carry out the unannounced on-the-spot checks, the paying agency shall not be required to perform unannounced checks during the period when the measures are in place.

            Article 6
            Entry into force
            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, 30 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  OJ L 346, 20.12.2013, p. 12.

            (3)  OJ L 347, 20.12.2013, p. 549.

            (4)  Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 15).

            (5)  Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 71).


title: Council Implementing Regulation (EU) 2020/606 of 04 May 2020 implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua

text:
                  4.5.2020

                  EN

                  Official Journal of the European Union

                  LI 139/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/606
         of 04 May 2020
         implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua (1), and in particular Article 13(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 14 October 2019 the Council adopted Regulation (EU) 2019/1716.

                     (2)

                     On 14 October 2019 the Council also adopted conclusions in which it recalled its concern at the deteriorating political and social situation in Nicaragua and firm condemnation of the repression by security forces and pro-government armed groups of political opponents, demonstrators, independent media and civil society organisations that had been ongoing since April 2018. The Union also affirmed its determination to use all its instruments to support a peaceful and negotiated solution to the crisis and its intention to monitor the situation in the country closely in order to react to further deterioration of human rights and the rule of law.

                     (3)

                     The Council, underscoring its concerns with regard to the overall situation in respect of human rights and democratic governance, adopted restrictive measures and noted that those measures would be used in a gradual and flexible manner and that specific designations could be added in the event of a continued stalemate and further deterioration in respect of human rights and the rule of law.

                     (4)

                     In in view of the continuing grave situation in Nicaragua, six persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2019/1716.

                     (5)

                     Annex I to Regulation (EU) 2019/1716 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) 2019/1716 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 04 May 2020.

                  For the Council

                  The President

               G. GRLIĆ RADMAN

            (1)  OJ L 262, 15.10.2019, p. 1.

            ANNEX
            The following entries are inserted under the heading ‘List of natural and legal persons, entities and bodies referred to in Article 2’ in Annex I to Regulation (EU) 2019/1716:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘1.

                           Ramón Antonio AVELLÁN MEDAL

                           Date of birth: 11 November 1954
                           Place of birth: Jinotepe, Nicaragua
                           Passport number: A0008696
                           Issued: 17 October 2011
                           Expires: 17 October 2021
                           Gender: male

                           Deputy Director-General of the Nicaraguan National Police (NNP) and former chief of the police in Masaya. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by coordinating the repression of protesters in Masaya in 2018.

                           4.5.2020

                           2.

                           Sonia CASTRO GONZÁLEZ

                           Date of birth: 29 September 1967
                           Place of birth: Carazo, Nicaragua
                           Passport number: A00001526
                           Issued: 19 November 2019
                           Expires: 19 November 2028
                           ID number: 0422909670000N
                           Gender: female

                           Special advisor to the President of Nicaragua on health issues and former Minister of Health. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by hindering access to emergency medical assistance for injured civilians involved in demonstrations and ordering hospital staff to report demonstrators who have been brought to hospital by the police.

                           4.5.2020

                           3.

                           Francisco Javier DÍAZ MADRIZ

                           Date of birth: 3 August 1961
                           Gender: male

                           General Director of the Nicaraguan National Police (NNP) since 23 August 2018 and former Deputy General Director of NNP. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by leading police forces committing violence against civilians, including excessive use of force, arbitrary arrests and detentions and torture.

                           4.5.2020

                           4.

                           Néstor MONCADA LAU

                           Date of birth: 2 March 1954
                           Gender: male

                           Personal advisor to the President of Nicaragua on national security matters. In this capacity, he has been directly involved in and responsible for decision-making on national security matters and the establishment of repressive policies carried out by the State of Nicaragua against people taking part in demonstrations, opposition representatives and journalists in Nicaragua from April 2018 onwards.

                           4.5.2020

                           5.

                           Luís PÉREZ OLIVAS

                           Date of birth: 8 January 1956
                           Gender: male

                           General Commissioner and Legal Assistance Main Officer (DAEJ) in the ‘El Chipote’ penitentiary centre. Responsible for serious human rights violations, including torture, use of extensive force, mistreatment of detainees and other forms of degrading treatment.

                           4.5.2020

                           6.

                           Justo PASTOR URBINA

                           Date of birth: 29 January 1956
                           Gender: male

                           Head of Police Special Operations Unit (DOEP). He has been directly involved in the implementation of repressive policies against demonstrators and the opposition in Nicaragua, particularly in Managua. In this context, he is responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua.

                           4.5.2020’


title: Commission Implementing Regulation (EU) 2020/616 of 5 May 2020 renewing the approval of the active substance foramsulfuron in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)

text:
                  6.5.2020

                  EN

                  Official Journal of the European Union

                  L 143/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/616
         of 5 May 2020
         renewing the approval of the active substance foramsulfuron in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) thereof,
         Whereas:

                     (1)

                     Commission Directive 2003/23/EC (2) included foramsulfuron as an active substance in Annex I to Council Directive 91/414/EEC (3).

                     (2)

                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

                     (3)

                     The approval of the active substance foramsulfuron, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2020.

                     (4)

                     An application for the renewal of the approval of the active substance foramsulfuron as a herbicide on maize was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

                     (5)

                     The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

                     (6)

                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 26 March 2015.

                     (7)

                     The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                     (8)

                     On 26 February 2016, the Authority communicated to the Commission its conclusion (6) on whether foramsulfuron can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented an initial draft renewal report and the draft Regulation for foramsulfuron to the Standing Committee on Plants, Animals, Food and Feed on 11 July 2016 and a revised version on 22 October 2019.

                     (9)

                     As regards the criteria to identify endocrine disrupting properties introduced by Commission Regulation (EU) 2018/605 (7), the conclusion of the Authority indicates that, based on the scientific evidence, it is highly unlikely that foramsulfuron is an endocrine disrupter via the estrogenic, androgenic, thyroidogenic and steroidogenic modalities. Therefore the Commission concludes that foramsulfuron is not to be considered as having endocrine disrupting properties.

                     (10)

                     The Commission invited the applicant to submit its comments on the conclusion of the Authority and on the renewal report, in accordance with the third paragraph of Article 14(1) of Implementing Regulation (EU) No 844/2012. The applicant submitted its comments, which have been carefully examined.

                     (11)

                     It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance foramsulfuron that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

                     (12)

                     The risk assessment for the renewal of the approval of the active substance foramsulfuron is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing foramsulfuron may be authorised.

                     (13)

                     It is therefore appropriate to renew the approval of foramsulfuron.

                     (14)

                     In accordance with Article 14(1) of Regulation (EC) No 1107/2009, in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge it is, however, necessary to provide for certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information as regards the effect of water treatment processes on the nature of residues of both the active substance and its identified metabolites potentially present in surface and groundwater, when surface water or groundwater are abstracted for drinking water.

                     (15)

                     In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

                     (16)

                     Commission Implementing Regulation (EU) 2019/707 (8) extended the approval period of foramsulfuron to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal of the approval is taken ahead of the expiry of that extended approval period, this Regulation shall apply from 1 June 2020.

                     (17)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Renewal of the approval of the active substance
            The approval of the active substance foramsulfuron is renewed as set out in Annex I.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

            Article 3
            Entry into force and date of application
            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 June 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 May 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Directive 2003/23/EC of 25 March 2003 amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substances (OJ L 81, 28.3.2003, p. 39).

            (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

            (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            (6)  EFSA Journal 2016;14(3):4421, 119 pp. Available online: www.efsa.europa.eu

            (7)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).

            (8)  Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (OJ L 120, 8.5.2019, p. 16).

            ANNEX I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                        Foramsulfuron
                        CAS No 173159-57-4
                        CIPAC No 659

                        1-(4,6-dimethoxypyrimidin-2-yl)-3-[2-(dimethylcarbamoyl)-5-formamidophenylsulfonyl]urea

                        ≥ 973 g/kg

                        1 June 2020

                        31 May 2035

                        For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on foramsulfuron, and in particular Appendices I and II thereto, shall be taken into account.
                        In this overall assessment Member States shall pay particular attention to:

                                    —

                                    the risk to consumers and operators,

                                    —

                                    the risk to aquatic organisms and non-target plants.

                              Conditions of use shall include risk mitigation measures, where appropriate.
                        The applicant shall submit confirmatory information as regards the effect of water treatment processes on the nature of residues present in surface water and groundwater, when surface water or groundwater is abstracted for drinking water, within two years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.

               (1)  Further details on the identity and the specification of the active substance are provided in the renewal repo

            ANNEX II
            The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in Part A, entry 44 on foramsulfuron is deleted;

                        (2)

                        in Part B, the following entry is added:

                                    Number

                                    Common Name, Identification Numbers

                                    IUPAC Name

                                    Purity (1)

                                    Date of approval

                                    Expiration of approval

                                    Specific provisions

                                    ‘141

                                    Foramsulfuron
                                    CAS No 173159-57-4
                                    CIPAC No 659

                                    1-(4,6-dimethoxypyrimidin-2-yl)-3-[2-(dimethylcarbamoyl)-5-formamidophenylsulfonyl]urea

                                    ≥ 973 g/kg

                                    1 June 2020

                                    31 May 2035

                                    For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on foramsulfuron, and in particular Appendices I and II thereto, shall be taken into account.
                                    In this overall assessment Member States shall pay particular attention to:

                                                —

                                                the risk to consumers and operators,

                                                —

                                                the risk to aquatic organisms and non-target plants.

                                          Conditions of use shall include risk mitigation measures, where appropriate.
                                    The applicant shall submit confirmatory information as regards the effect of water treatment processes on the nature of residues present in surface water and groundwater, when surface water or groundwater is abstracted for drinking water, within two years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.’

               (1)  Further details on the identity and the specification of the active substance are provided in the renewal report.


title: Commission Implementing Regulation (EU) 2020/617 of 5 May 2020 renewing the approval of the active substance metalaxyl-M, and restricting the use of seeds treated with plant protection products containing it, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)

text:
                  6.5.2020

                  EN

                  Official Journal of the European Union

                  L 143/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/617
         of 5 May 2020
         renewing the approval of the active substance metalaxyl-M, and restricting the use of seeds treated with plant protection products containing it, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) and 49(2) thereof,
         Whereas:

                     (1)

                     Commission Directive 2002/64/EC (2) included metalaxyl-M as an active substance in Annex I to Council Directive 91/414/EEC (3).

                     (2)

                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

                     (3)

                     The approval of the active substance metalaxyl-M, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 30 June 2020.

                     (4)

                     An application for the renewal of the inclusion of metalaxyl-M in Annex I to Directive 91/414/EEC was submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010 (5) within the time period provided for in that Article.

                     (5)

                     The applicant submitted the supplementary dossiers required in accordance with Article 9 of Regulation (EU) No 1141/2010. The application was found to be complete by the rapporteur Member State.

                     (6)

                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 13 November 2013.

                     (7)

                     The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                     (8)

                     On 30 January 2015, the Authority communicated to the Commission its conclusion (6) on whether metalaxyl-M can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented an initial draft review report for metalaxyl-M to the Standing Committee on Plants, Animals, Food and Feed on 14 July 2015 and a revised version on 16 July 2019.

                     (9)

                     The applicant was given the opportunity to submit comments on the draft review report.

                     (10)

                     It has been established with respect to one or more representative uses of at least one plant protection product containing metalaxyl-M that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

                     (11)

                     It is therefore appropriate to renew the approval of metalaxyl-M.

                     (12)

                     In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.

                     (13)

                     Risks for birds and mammals from consumption of treated seeds have been identified by the Authority. Taking into consideration those risks, the use of seeds treated with plant protection products containing metalaxyl-M should be restricted. It is therefore appropriate that seeds treated with plant protection products containing metalaxyl-M should only be sown in greenhouses.

                     (14)

                     The Commission considers that metalaxyl-M does not have endocrine disrupting properties based on the available scientific information summarised in the conclusion of the Authority. However, in order to increase the confidence in this conclusion, the applicant should provide an updated assessment, in accordance with point 2.2(b) of Annex II to Regulation (EC) No 1107/2009, of the criteria laid down in points 3.6.5 and 3.8.2 of Annex II to Regulation (EC) No 1107/2009, as amended by Regulation (EU) 2018/605, and in accordance with the guidance for the identification of endocrine disruptors (7).

                     (15)

                     The risk assessment for the renewal of the approval of metalaxyl-M is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing metalaxyl-M may be authorised. It is therefore appropriate not to maintain the restriction to uses as a fungicide.

                     (16)

                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (17)

                     The restriction to the use of treated seeds should apply as of 1 June 2021 in order to allow for a sufficient period of transition.

                     (18)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Renewal of the approval of the active substance
            The approval of the active substance metalaxyl-M is renewed as set out in Annex I.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

            Article 3
            Restriction to the use of treated seeds
            Seeds treated with plant protection products containing metalaxyl-M shall only be sown in greenhouses.

            Article 4
            Entry into force and date of application
            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 June 2020.
            However, Article 3 shall apply as of 1 June 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 May 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Directive 2002/64/EC of 15 July 2002 amending Council Directive 91/414/EEC to include cinidon-ethyl, cyhalofop butyl, famoxadone, florasulam, metalaxyl-M and picolinafen as active substances (OJ L 189, 18.7.2002, p. 27).

            (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

            (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (5)  Commission Regulation (EU) No 1141/2010 of 7 December 2010 laying down the procedure for the renewal of the inclusion of a second group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (OJ L 322, 8.12.2010, p. 10).

            (6)  EFSA (European Food Safety Authority), 2015. Conclusion on the peer review of the pesticide risk assessment of the active substance metalaxyl-M. EFSA Journal 2015;13(3):3999, 105 pp. doi:10.2903/j.efsa.2015.3999.

            (7)  Guidance for the identification of endocrine disruptors in the context of Regulations (EU) No 528/2012 and (EC) No 1107/2009. EFSA Journal 2018;16(6):5311, 135 pp. https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2018.5311

            ANNEX I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                        Metalaxyl-M

                        methyl N-(methoxyacetyl)-N-(2,6-xylyl)-D-alaninate

                        ≥ 920 g/kg

                        1 June 2020

                        31 May 2035

                        When used for seed treatment, only the treatment of seeds intended to be sown in greenhouses may be authorised.

                        CAS No 70630-17-0 (R)
                        CIPAC No 580

                        The following impurities are of toxicological concern and must not exceed the following levels in the technical material:

                                    2,6-dimethylphenylamine:
                                    max. content 0,5 g/kg

                                    4-methoxy-5-methyl-5H-[1,2]oxathiole 2,2-dioxide:
                                    max. content 1 g/kg

                                    2-[(2,6-dimethyl-phenyl)-(2-methoxyacetyl)-amino]-propionic acid 1-methoxycarbonyl-ethyl ester:
                                    max. content 0,18 g/kg

                        For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on metalaxyl-M, and in particular Appendices I and II thereto, shall be taken into account.
                        In this overall assessment Member States shall pay particular attention to:

                                    —

                                    the specification of the technical material as commercially manufactured;

                                    —

                                    the protection of operators and workers, ensuring that the conditions of use prescribe the use of adequate personal protective equipment, where appropriate;

                                    —

                                    the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

                                    —

                                    the protection of non-target arthropods, birds and mammals.

                              Conditions of use shall include risk mitigation measures, where appropriate.
                        The applicant shall submit to the Commission, the Member States and the Authority an updated assessment of the information submitted and, where relevant, further information to confirm the absence of endocrine activity in accordance with points 3.6.5 and 3.8.2 of Annex II to Regulation (EC) No 1107/2009, as amended by Commission Regulation (EU) 2018/605 (2) by 26 May 2022.

               (1)  Further details on the identity and the specification of the active substance are provided in the review report.

               (2)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).

            ANNEX II
            The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in Part A, entry 37 on metalaxyl-M is deleted;

                        (2)

                        in Part B, the following entry is added:

                                    No

                                    Common Name, Identification Numbers

                                    IUPAC Name

                                    Purity (1)

                                    Date of approval

                                    Expiration of approval

                                    Specific provisions

                                    ‘140

                                    Metalaxyl-M

                                    methyl N-(methoxyacetyl)-N-(2,6-xylyl)-D-alaninate

                                    ≥ 920 g/kg

                                    1 June 2020

                                    31 May 2035

                                    When used for seed treatment, only the treatment of seeds intended to be sown in greenhouses may be authorised.

                                    CAS No 70630-17-0 (R)
                                    CIPAC No 580

                                    The following impurities are of toxicological concern and must not exceed the following levels in the technical material:

                                                2,6-dimethylphenylamine:
                                                max. content 0,5 g/kg

                                                4-methoxy-5-methyl-5H-[1,2]oxathiole 2,2-dioxide:
                                                max. content 1 g/kg

                                                2-[(2,6-dimethyl-phenyl)-(2-methoxyacetyl)-amino]-propionic acid 1-methoxycarbonyl-ethyl ester:
                                                max. content 0,18 g/kg

                                    For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on metalaxyl-M, and in particular Appendices I and II thereto, shall be taken into account.
                                    In this overall assessment Member States shall pay particular attention to:

                                                —

                                                the specification of the technical material as commercially manufactured;

                                                —

                                                the protection of operators and workers, ensuring that the conditions of use prescribe the use of adequate personal protective equipment, where appropriate;

                                                —

                                                the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions;

                                                —

                                                the protection of non-target arthropods, birds and mammals.

                                          Conditions of use shall include risk mitigation measures, where appropriate.
                                    The applicant shall submit to the Commission, the Member States and the Authority an updated assessment of the information submitted and, where relevant, further information to confirm the absence of endocrine activity in accordance with points 3.6.5 and 3.8.2 of Annex II to Regulation (EC) No 1107/2009, as amended by Regulation (EU) 2018/605 by 26 May 2022.

               (1)  Further details on the identity and the specification of the active substance are provided in the review report.’


title: Commission Implementing Regulation (EU) 2020/611 of 30 April 2020 re-imposing the definitive anti-dumping duty imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not

text:
                  5.5.2020

                  EN

                  Official Journal of the European Union

                  L 141/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/611
         of 30 April 2020
         re-imposing the definitive anti-dumping duty imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union (‘TFEU’),
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (the ‘basic Regulation’) (1), and in particular Articles 13 and 14(1) thereof,
         Whereas:
         1.   PROCEDURE

                     (1)

                     By Regulation (EC) No 91/2009 (2), the Council imposed a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (‘the PRC’ or ‘China’). Those measures will hereinafter be referred to as ‘the original measures’ and the investigation that led to these measures will hereinafter be referred to as ‘the original investigation’.

                     (2)

                     Following the imposition of the definitive anti-dumping duty, the Commission received evidence that these measures were being circumvented through transhipping via Malaysia.

                     (3)

                     For that reason, on 28 November 2010, the Commission, by way of Regulation (EU) No 966/2010 (3), initiated an investigation concerning the possible circumvention of the anti-dumping measures imposed by Regulation (EC) No 91/2009 (‘the anti-circumvention investigation’).

                     (4)

                     On 26 July 2011, the Council extended the anti-dumping duty imposed by Regulation (EC) No 91/2009 to certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, by Council Implementing Regulation (EU) No 723/2011 (4) (‘the anti-circumvention Regulation’).

                     (5)

                     On 27 February 2016, the Commission repealed the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009, as extended by Implementing Regulation (EU) No 723/2011, by way of Commission Regulation (EU) 2016/278 (5).

                     (6)

                     By its judgment in Case C-644/17 Eurobolt of 3 July 2019 (6), the Court of Justice declared Implementing Regulation (EU) No 723/2011 invalid inasmuch as it was adopted in breach of the consultation procedure contained in Article 15(2) of Council Regulation (EC) No 1225/2009 (7).

               2.   IMPLEMENTATION OF THE JUDGMENT OF THE COURT OF JUSTICE IN CASE C-644/17 EUROBOLT

                     (7)

                     The Court of Justice held that the requirement to provide the Advisory Committee with all relevant information no later than 10 working days before the meeting of that committee, as laid down in Article 15(2) of Regulation (EC) No 1225/2009, constitutes an essential procedural requirement governing the proper conduct of proceedings, the breach of which renders the act concerned invalid (8). According to the Court, that provision had been infringed inasmuch as the observations of Eurobolt, a Dutch importer of fasteners from Malaysia, were not communicated to the Member States no later than 10 working days before the meeting of the Advisory Committee.

                     (8)

                     In accordance with Article 266 TFEU, the Union’s institutions must take the necessary steps to comply with the judgment of the Court of Justice of the European Union. On 27 August 2019, the Commission, therefore, re-opened the anti-circumvention investigation in order to correct the illegality identified by the Court of Justice (9).

                     (9)

                     The reopening of the anti-circumvention investigation was limited in scope to the implementation of the judgment of the Court of Justice in Case C-644/17 Eurobolt, namely to ensure that all procedural requirements arising from the Advisory Committee procedure contained in Article 15(2) of Regulation (EC) No 1225/2009 were met (10). That procedure has, in the meantime, been replaced by the examination committee procedure contained in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (11).

                     (10)

                     In this respect, it should be pointed out that acts of the European Union are to be adopted in accordance with the procedural rules in force at the time of their adoption. Article 15(2) of Regulation (EC) No 1225/2009 in the form as it stood at the time of the underlying investigation was repealed. Therefore, a proceeding like the current re-opening of an anti-circumvention investigation initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009 can, as from the repeal of Article 15(2) of Regulation (EC) No 1225/2009 in the form as applicable at the time of adoption of Implementing Regulation (EU) No 723/2011, be completed only on the basis of the committee procedure currently in place for the imposition of anti-circumvention measures (12). Pursuant to Article 15(3) of Regulation (EC) No 1225/2009, as amended and codified in Regulation (EU) 2016/1036, the procedure to be followed for the purposes of this re-opening is the one contained in Article 5 of Regulation (EU) No 182/2011.

               3.   ASSESSMENT OF THE CLAIMS

         3.1.   Claims made in the anti-circumvention investigation

                     (11)

                     Eurobolt, in its submission of 13 June 2011, questioned the legality of the Commission’s interpretation of Article 13 of Regulation (EC) No 1225/2009 on two accounts. First, it argued that the extended measures should not apply to the product concerned if it was of genuine Malaysian origin. Second, Eurobolt questioned the Commission’s power to, in an ex officio anti-circumvention investigation, allege injury on the basis of data of the original investigation without providing evidence of injury.

                     (12)

                     The Commission observed that neither claim related to the implementation of the judgment. Eurobolt’s comments thus related to issues falling outside the scope of the implementation exercise. In any case, the claims could also be dismissed on the merits.

                     (13)

                     Regarding Eurobolt’s first claim, and as noted in recital 46 of the anti-circumvention Regulation, Article 13(1) of the basic Regulation allows for the extension of measures to imports of the like product from ‘third countries’. Article 13(4) of the basic Regulation allows for exceptions for genuine producers from that third country. As the anti-circumvention investigation revealed circumvention practises in line with the findings of investigations carried out by OLAF and the Malaysian authorities, Article 1 of the anti-circumvention Regulation extended the anti-dumping measures to imports consigned from Malaysia. However, any company that had demonstrated that it was a genuine Malaysian producer was granted an exemption from the extended measures. Moreover, requests for future exemptions were possible under Article 2 of the anti-circumvention Regulation. Accordingly, as the existence of transhipment of Chinese-origin products via Malaysia was confirmed (see recitals 34 and 45 of the anti-circumvention Regulation) and exports from genuine Malaysian producers were exempted from the extension of the measures, Eurobolt’s first claim was rejected.

                     (14)

                     Regarding Eurobolt’s second claim, it should be pointed out that Article 13(1) of the basic Regulation requires, inter alia, ‘evidence of injury or that the remedial effects of the duty are being undermined in terms of the prices and/or quantities of the like product ...’ (emphasis added). These two requirements are not cumulative. Recitals 37 and 38 of the anti-circumvention Regulation show that the remedial effects of the anti-dumping duty imposed by the original Regulation were undermined by the circumvention, both in terms of prices and quantities. Therefore, the legal requirements of Article 13 of the basic Regulation were met. Accordingly, there was no need or legal obligation to re-assess or re-use injury data from the original investigation with regard to imports from China. Consequently, this claim was rejected as well.

                     (15)

                     The Commission concluded from the above that Eurobolt’s submission of 13 June 2011 had been duly considered and Eurobolt’s claims were dealt with in the anti-circumvention Regulation, in particular in Sections 2.8 and 4 thereof. Moreover, it is important to note in this regard that Eurobolt questioned neither the evidence of transhipment of Chinese-origin products via Malaysia nor the finding that the companies from which Eurobolt sourced the product concerned had provided misleading information to the Commission and had not been able to demonstrate that they were genuine Malaysian producers.

               3.2.   Assessment of claims made after re-opening

                     (16)

                     Commission Implementing Regulation (EU) 2019/1374 re-opening the anti-circumvention investigation invited interested parties to make comments pertaining to the reopening of the anti-circumvention investigation. Two parties submitted comments.

                     (17)

                     Eurobolt claimed that the violation of Article 15(2) of Regulation (EC) No 1225/2009 found to have occurred by the Court of Justice cannot be cured ex post because it is a violation of an essential procedural requirement and therefore it vitiates the entire conduct of the original anti-circumvention investigation.

                     (18)

                     This claim is unfounded for the following reasons. A breach of Article 15(2) does not vitiate the entire proceeding, as the illegality identified by the Court did not concern the substantive findings on circumvention. The breach can therefore be cured by reopening the anti-circumvention investigation at the point at which the illegality occurred. That entailed forwarding Eurobolt’s original observations, together with the draft implementing act, to the committee in line with the procedure currently in place for the imposition of anti-circumvention measures. That is the procedure referred to in recital (10) above. The applicable legal deadline for the relevant information to reach the committee requires submission no later than 14 days before the meeting of that committee. This enables the committee, which consists of representatives of the Member States, to familiarise itself with all relevant information so that the Member States may formulate a position on the draft implementing act. As the Court of Justice has recently recognised, the resumption of the administrative procedure and the re-imposition of anti-dumping duties on imports that were made during the period of application of the regulation which was annulled can also not be considered as contrary to the rule of non-retroactivity (13).

                     (19)

                     Where a judgment of the Court of Justice invalidates an anti-dumping regulation, the institution implementing that judgment (in this case the Commission) has the option of resuming the proceeding at the origin of that Regulation (14). Furthermore, except where the irregularity found has vitiated the entire proceeding, the institution has the option, in order to adopt an act intended to replace the act that has been declared invalid, to resume that proceeding at the stage when the irregularity occurred (15).

                     (20)

                     Eurobolt also claimed that it would be inappropriate for the Commission to re-impose the anti-circumvention measures, as they have both expired and been repealed since.

                     (21)

                     In this respect, it should be pointed out that, by remedying a procedural irregularity and confirming the findings of the investigation which were not contested by the judgment at issue, the Commission complies with its obligation to impose measures on imports of the product concerned that took place during the period of application of these measures, i.e. between 27 July 2011 and 27 February 2016. Therefore, the Commission rejected Eurobolt’s claim.

                     (22)

                     Another party, the European Fastener Distributor Association (EFDA), claimed ‘persistent failures to take seriously the valid and carefully considered comments of European fastener distributors and their respective representative bodies.’ They also claimed that, in a case where an importer can demonstrate that they have carried out proper due diligence and taken all reasonable and appropriate measures to ensure that the imported product has been legitimately manufactured in Malaysia, they should not be responsible for paying the anti-dumping duty and any such duties paid should be reimbursed.

                     (23)

                     The Commission rejected the first EFDA claim, as the Association did not show any specific violation of due process in the investigation re-opening proceedings and did not provide any evidence in this respect.

                     (24)

                     As regards the EFDA’s second claim, Article 13(4) of the basic Regulation stipulates that, where the circumventing practice, process or work takes place outside the Union, exemptions may be granted to producers of the product concerned that are found not to be engaged in the circumvention practices. Consequently, there is no scope for exemptions based on importer due diligence when the circumvention takes place outside the EU (as is the case here). Rather, it is up to the exporter to prove that they are a genuine Malaysian producer and to ask for an exemption. As mentioned in Section 4 of the anti-circumvention Regulation, a number of Malaysian exporters applied and were considered for exemptions, with a total of nine companies being granted such exemptions by the Commission. The Commission, therefore, rejected EFDA’s second claim.

                     (25)

                     Having taken account of the comments made and the analysis thereof, the Commission concluded that the original measures should be re-imposed on imports of the product concerned consigned from Malaysia, whether declared as originating in Malaysia or not.

               4.   DISCLOSURE

                     (26)

                     All parties that came forward at the reopening of the anti-circumvention investigation were informed of the essential facts and considerations on the basis of which it was intended to re-impose the anti-dumping duty. They were granted a period within which to make representations subsequent to disclosure. Eurobolt and EFDA submitted comments.

                     (27)

                     First, Eurobolt maintained that violations of essential procedural requirements vitiate the entire proceeding, and so cannot be cured ex post. Second, Eurobolt maintained that the re-imposition of measures whose legal basis is an act found to be illegal by the WTO violates the rule of law and the principle of good administration. Third, Eurobolt claimed that the Commission’s proposal to re-impose measures results in the absence of effective judicial protection as it means that the Commission can simply cure any violation ex post, and that this outcome upsets the balance of power in trade defence proceedings. Fourth, Eurobolt claimed that the Commission’s proposal ignores the decision of the Hoge Raad (the Dutch High Court) of the Netherlands in Eurobolt v Staatssecretaris van Financiën (16), and urged the Commission to refrain from interfering in customs authorities’ exclusive competence to decide on the repayment of the anti-circumvention duties paid by Eurobolt.

                     (28)

                     As regards Eurobolt’s first argument, which had already made upon the re-opening of the anti-circumvention investigation, the Commission refers to recital (18) and (19) above. As no new arguments were provided, this claim was rejected.

                     (29)

                     As regards Eurobolt’s second argument, the Commission decided to bring the measures in line with the findings of the WTO panels and appellate body, which was the reason why the Regulation of 26 February 2016 (see recital (5) above) was issued. It decided not to do so with ex tunc effect. Subsequently, the Commission had the obligation to take the necessary steps to comply with a judgement of the Court of Justice, i.e. to correct an illegality identified by the Court. As the procedural error could be remedied and the findings of circumvention were confirmed, the Commission was entitled to re-impose the anti-circumvention duties for the period of application of the measures, based on the uncontested findings of the anti-circumvention investigation. None of the above actions implicate a violation of the principle of good administration. In any event, Eurobolt referred to the principle of good administration, but did not specify which right was allegedly violated in this respect (17). Therefore, the Commission rejected this claim.

                     (30)

                     As regards Eurobolt’s third argument, it is established case-law that the scope and grounds of the declaration of invalidity by the Court in a judgment should be determined in each specific case (C-283/14 and C-284/14 CM Eurologistik and GLS, judgment of 28 January 2016, EU:C:2016:57, para. 49 and the case-law cited) and may be such that would not necessitate the full and immediate repayment of the relevant duties (case C-256/16 Deichmann SE v Hauptzollamt Duisburg, Judgment of the Court of 15 March 2018, paragraph 70). In the current case, the violation did not vitiate the entire proceeding with irregularity. As set out above in recitals (7) to (10), in this case the violation of the procedural requirement could be cured and the measure could be re-imposed in accordance with the applicable procedural rules. These obligations do not undermine the principle of effective judicial protection. The Commission therefore rejected this claim as well.

                     (31)

                     As regards Eurobolt’s fourth argument, as set out in recital (8) above, the Commission had to take the necessary steps to comply with the judgment of the Court of Justice of the European Union. The decision of the Dutch High Court, which in addition concerned the question as to whether interests should be paid in case of repayment of the anti-dumping duties, could not discharge the Commission of its obligation arising from the judgment of the Court of Justice. In any event, the Commission’s action also does not usurp the competences of the customs authorities of the Member States, as recognised by the Court of Justice in both C&J Clark International (18) and Deichmann (19). Therefore, the Commission rejected this claim.

                     (32)

                     EFDA expressed regret that its previous claim for the exemption of importers from paying anti-dumping duties in cases where importers were able to demonstrate due diligence in ensuring that the product imported had been legitimately manufactured in Malaysia was rejected. EFDA requested that the Commission reconsider its concerns.

                     (33)

                     As stated in recital (24), there is no scope for exemptions based on importer due diligence when the circumvention takes place outside the EU (as is the case here). Therefore, the Commission confirmed its previous rejection of EFDA’s claim.

                     (34)

                     In view of the above, the comments made after disclosure did not give rise to a change of the conclusion of the Commission, as set out in recital (25) above.

                     (35)

                     In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (20), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

                     (36)

                     This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People’s Republic of China, is hereby extended to imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, consigned from Malaysia, whether declared as originating in Malaysia or not, and falling, during the period of application of Implementing Regulation (EU) No 723/2011, under CN codes ex 7318 12 90, ex 7318 14 91, ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81, ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00. The TARIC codes are listed in Annex I to this Regulation.

               2.   Paragraph 1 of this Article shall not apply in the case of the exporting producers listed in Annex II.

               3.   The duty extended by paragraph 1 of this Article shall be collected on imports consigned from Malaysia, whether declared as originating in Malaysia or not, registered in accordance with Article 2 of Regulation (EU) No 966/2010 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, with the exception of those produced by the companies listed in paragraph 2.

            Article 2

               1.   Duties collected on the basis of Implementing Regulation (EU) No 723/2011 shall not be reimbursed.

               2.   Any reimbursements that took place following the judgment of the Court of Justice Case C-644/17 Eurobolt (EU:C:2019:555) shall be recovered by the authorities which made those reimbursements.

            Article 3
            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, 30 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ L 29, 31.1.2009, p. 1).

            (3)  Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China by imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, and making such imports subject to registration (OJ L 282, 28.10.2010, p. 29).

            (4)  Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 194, 26.7.2011, p. 6).

            (5)  Commission Implementing Regulation (EU) 2016/278 of 26 February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 52, 27.2.2016, p. 24).

            (6)  Case C-644/17 Eurobolt, ECLI:EU:C:2019:555.

            (7)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51). Repealed and replaced by Regulation (EU) 2016/1036.

            (8)  Case C-644/17 Eurobolt, ECLI:EU:C:2019:555, paragraph 51.

            (9)  Commission Implementing Regulation (EU) 2019/1374 of 26 August 2019 reopening of the investigation following the judgment of 3 July 2019, in case C-644/17 Eurobolt, with regard to Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 223, 27.8.2019, p. 1).

            (10)  Findings that were not contested by the judgment at issue remain fully valid (see, mutatis mutandis, Case T-650/17 Jinan Meide Casting Co. Ltd, ECLI:EU:T:2019:644, paras. 333–342).

            (11)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). See
            , in this regard, Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (OJ L 18, 21.1.2014, p. 1).

            (12)  Judgment of the Court of 15 March 2018, Case C-256/16 Deichmann, ECLI:EU:C:2018:187, paragraphs 44–55.

            (13)  Judgment of the Court of 15 March 2018, Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, ECLI:EU:C:2018:187, paragraph 79; and judgment of the Court of 19 June 2019, C-612/16 C & J Clark International Ltd v Commissioners for Her Majesty’s Revenue & Customs, EU:C:2019:508, paragraph 58.

            (14)  Judgment of the Court of 15 March 2018, Case C-256/16 Deichmann, ECLI:EU:C:2018:187, paragraph 73; see also judgment of the Court of 19 June 2019, Case C-612/16 P&J Clark International, ECLI:EU:C:2019:508, paragraph 43.

            (15)  Ibid, paragraph 74; see also judgment of the Court of 19 June 2019, Case C-612/16 P&J Clark International, EU:C:2019:508, paragraph 43.

            (16)  Hoge Raad, Eurobolt v Staatssecretaris van Financiën, 29 November 2019, 15/04667 bis, NL:HR:2019:1875.

            (17)  See judgments of 2 October 2003, Area Cova v Council and Commission, Case T-196/99, EU:T:2001:281 paragraph 43; of 4 October 2006, Tillack v Commission, Case T-193/04, EU:T:2006:292, paragraph 127; and of 13 November 2008, SPM v Council and Commission, Case T-128/05, EU:T:2008:494, paragraph 127.

            (18)  Judgment of 19 June 2019, Case C-612/16 C&J Clark International, EU:C:2019:508, paragraph 84–85.

            (19)  Judgment of 15 March 2018, Case C-256/16 Deichmann, EU:C:2018:187, paragraph 84.

            (20)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

            ANNEX I
            TARIC codes for certain iron or steel fasteners as defined in Article 1
            (a)   Valid from 27 July 2011 to 27 February 2016

            CN codes ex 7318 12 90, ex 7318 14 91, ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81, ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318129011, 7318129091, 7318149111, 7318149191, 7318149911, 7318155911, 7318155961, 7318155981, 7318156911, 7318156961, 7318156981, 7318158111, 7318158161, 7318158181, 7318158911, 7318158961, 7318158981, 7318159021, 7318159071, 7318159091, 7318210031, 7318210095, 7318220031 and 7318220095)
            (b)   Valid from 27 July 2011 to 30 June 2012

            7318149991
            (c)   Valid from 1 July 2012 to 27 February 2016

            7318149920, 7318149992

            ANNEX II
            List of exporting producers

                        Name of the exporting producer

                        TARIC additional code

                        Acku Metal Industries (M) Sdn. Bhd

                        B123

                        Chin Well Fasteners Company Sdn. Bhd

                        B124

                        Jinfast Industries Sdn. Bhd

                        B125

                        Power Steel and Electroplating Sdn. Bhd

                        B126

                        Sofasco Industries (M) Sdn. Bhd

                        B127

                        Tigges Fastener Technology (M) Sdn. Bhd

                        B128

                        TI Metal Forgings Sdn. Bhd

                        B129

                        United Bolt and Nut Sdn. Bhd

                        B130

                        Andfast Malaysia Sdn. Bhd.

                        B265


title: Commission Implementing Regulation (EU) 2020/629 of 5 May 2020 entering a name in the register of protected designations of origin and protected geographical indications ‘Φασόλια Κατταβιάς Ρόδου’ (Fasolia Kattavias Rodou)/‘Λόπια Κατταβιάς Ρόδου’ (Lopia Kattavias Rodou) (PGI)

text:
                  11.5.2020

                  EN

                  Official Journal of the European Union

                  L 148/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/629
         of 5 May 2020
         entering a name in the register of protected designations of origin and protected geographical indications ‘Φασόλια Κατταβιάς Ρόδου’ (Fasolia Kattavias Rodou)/‘Λόπια Κατταβιάς Ρόδου’ (Lopia Kattavias Rodou) (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece’s application to register the name ‘Φασόλια Κατταβιάς Ρόδου’ (Fasolia Kattavias Rodou)/‘Λόπια Κατταβιάς Ρόδου’ (Lopia Kattavias Rodou) was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Φασόλια Κατταβιάς Ρόδου’ (Fasolia Kattavias Rodou)/‘Λόπια Κατταβιάς Ρόδου’ (Lopia Kattavias Rodou) should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Φασόλια Κατταβιάς Ρόδου’ (Fasolia Kattavias Rodou)/‘Λόπια Κατταβιάς Ρόδου’ (Lopia Kattavias Rodou) (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 May 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 428, 20.12.2019, p. 48.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2020/630 of 6 May 2020 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Chozas Carrascal’ (PDO)

text:
                  11.5.2020

                  EN

                  Official Journal of the European Union

                  L 148/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/630
         of 6 May 2020
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Chozas Carrascal’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Chozas Carrascal’ (PDO) is hereby protected.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 6 May 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 35, 3.2.2020, p. 11.


title: Commission Implementing Regulation (EU) 2020/631 of 6 May 2020 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Dealu Mare’ (PDO))

text:
                  11.5.2020

                  EN

                  Official Journal of the European Union

                  L 148/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/631
         of 6 May 2020
         approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Dealu Mare’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Dealu Mare’, sent by Romania in accordance with Article 105 of Regulation (EU) No 1308/2013.

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Dealu Mare’ (PDO) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 6 May 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 394, 21.11.2019, p. 11.


title: Commission Implementing Regulation (EU) 2020/632 of 6 May 2020 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Menfi’ (PDO))

text:
                  11.5.2020

                  EN

                  Official Journal of the European Union

                  L 148/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/632
         of 6 May 2020
         approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Menfi’ (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
         Whereas:

                     (1)

                     The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Menfi’, sent by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Menfi’ (PDO) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 6 May 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 18, 20.1.2020, p. 24.