title: Council Implementing Regulation (EU) 2020/1696 of 12 November 2020 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

text:
                  13.11.2020

                  EN

                  Official Journal of the European Union

                  L 381/8

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/1696
         of 12 November 2020
         implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1), and in particular Article 17(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 13 November 2017, the Council adopted Regulation (EU) 2017/2063.

                     (2)

                     On 11 November 2019, the Council, considering the ongoing political, economic, social and humanitarian crisis in Venezuela and the persistent actions undermining democracy, the rule of law and respect for human rights, adopted Decision (CFSP) 2019/1893 (2), which renewed the restrictive measures in place until 14 November 2020, including all designations of persons who are subject to restrictive measures. On the same day the Council adopted Implementing Regulation (EU) 2019/1891 (3), which amended the information relating to eight listed persons.

                     (3)

                     On 21 December 2019, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union which mentioned that the decision of the Venezuelan Supreme Court and the non‐recognised Constituent Assembly to strip four members of the National Assembly of their constitutionally granted parliamentary immunity was a serious violation of the constitutional provisions, the rule of law and the democratic principle of separation of powers. That declaration made clear that the Union will continue to monitor the situation and indicated the Union’s readiness to use its available instruments to promote democracy, the rule of law and human rights, including targeted measures that do not harm the Venezuelan people.

                     (4)

                     On 9 January 2020, the High Representative issued a declaration on behalf of the Union which stated that recent acts against the only democratically elected body in Venezuela, the National Assembly, and many of its Members, including the President of the National Assembly, have further escalated the Venezuelan crisis and that the attempts to forcibly block a legitimate election process for the Board of Directors of the National Assembly on 5 January 2020 and the use of force against its President and several lawmakers to impede their access to the National Assembly were utterly unacceptable. That declaration also indicated that the voting session that led to the so‐called election of Luis Parra was not legitimate as it did not respect the legal procedures, nor the democratic constitutional principles, and that the Members of the National Assembly must be able to exercise their parliamentary mandate as received from the Venezuelan people free of any intimidation or reprisal. Moreover, in light of these serious acts and decisions undermining democracy, the rule of law and human rights, that declaration underlined the Union’s commitment to starting work towards applying targeted measures against individuals involved in the violation of those principles and rights.

                     (5)

                     On 4 June 2020, the High Representative issued a declaration on behalf of the Union on the latest developments in Venezuela, including the decision of the Venezuelan Supreme Court of 26 May 2020 ratifying Luis Parra as President of the National Assembly. That declaration underlined that the Union considers that the voting session that led to the so‐called election of Luis Parra was not legitimate, as it did not respect legal procedure nor democratic constitutional principles. It also stated that the latest developments have further deepened the long‐lasting institutional and political crisis in Venezuela and reduced the democratic and constitutional space in the country. That declaration reiterated the position of the Union that a sustainable way out of the Venezuelan crisis can only be achieved through a genuine and inclusive political process, and underlined that the Union rejects all types of violence, including any military or violent incursion in the country. In this context, the Union noted that the recent agreement between national actors on humanitarian assistance is a positive step and stressed the need for all sides to work together and constructively on alleviating the dramatic suffering of the Venezuelan people that is being aggravated by the COVID‐19 pandemic.

                     (6)

                     On 16 June 2020, the High Representative issued a declaration on behalf of the Union which underlined that free and fair legislative and presidential elections that respect international standards are key to overcome the crisis in Venezuela and that an independent and balanced Electoral Council (CNE) as well as a level playing field enabling the participation of political parties and candidates is a cornerstone for a credible electoral process. Moreover, the EU called on the Government and opposition to engage in meaningful and inclusive negotiations regarding the constitution of the CNE and the lifting of bans on opposition parties.

                     (7)

                     On 29 June 2020, in view of the continuing grave situation in Venezuela, the Council adopted Regulation (EU) 2020/897 (4), which subjected eleven persons to restrictive measures.

                     (8)

                     In this context, in accordance with Article 17(4) of Regulation (EU) 2017/2063, the Council has reviewed the list set out in Annex IV to Regulation (EU) 2017/2063 and has concluded that the restrictive measures against all persons in the list set out therein should be maintained.

                     (9)

                     The Council has also concluded that the statement of reasons for fourteen persons should be updated and the family name of all listed persons should be capitalised.

                     (10)

                     Annex IV to Regulation (EU) 2017/2063 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex IV to Regulation (EU) 2017/2063 is amended in accordance with the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 November 2020.

                  For the Council

                  The President

               M. ROTH

            (1)  OJ L 295, 14.11.2017, p. 21.

            (2)  Council Decision (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 291, 12.11.2019, p. 42).

            (3)  Council Implementing Regulation (EU) 2019/1891 of 11 November 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 291, 12.11.2019, p. 13).

            (4)  Council Implementing Regulation (EU) 2020/897 of 29 June 2020 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 205I, 29.6.2020, p. 1).

            ANNEX
            Annex IV to Regulation (EU) 2017/2063 is replaced by the following:

                     ‘ANNEX IV
                     List of natural and legal persons, entities and bodies referred to in Article 8(3)

                                 Name

                                 Identifying information

                                 Reasons

                                 Date of listing

                                 1.

                                 Néstor Luis REVEROL TORRES

                                 Date of birth: 28 October 1964
                                 Gender: male

                                 Minister for Interior, Justice and Peace since 2016. Also appointed as Vice‐President of Public Works and Services and Executive Secretary of the Electrical General Staff in April 2019. Former Commander General of the Bolivarian National Guard, he was promoted to General in Chief of the Bolivarian National Guard in August 2020. Responsible for serious human rights violations, including the torture of (political) prisoners, and the repression of the democratic opposition in Venezuela, including the prohibition and repression of political demonstrations, committed by security forces under his command.

                                 22.1.2018

                                 2.

                                 Gustavo Enrique GONZÁLEZ LÓPEZ

                                 Date of birth: 2 November 1960
                                 Gender: male

                                 Reappointed as Head of the Bolivarian National Intelligence Service (SEBIN) on 30 April 2019. Formerly Security and Intelligence Adviser for the President's office from 8 January 2019 to 30 April 2019 and Head of SEBIN until October 2018. As Head of SEBIN, responsible for serious human rights violations (including arbitrary detention, inhuman and degrading treatment, and torture) and the repression of civil society and the democratic opposition in Venezuela.

                                 22.1.2018

                                 3.

                                 Tibisay LUCENA RAMÍREZ

                                 Date of birth: 26 April 1959
                                 Gender: female

                                 President of the National Electoral Council (Consejo Nacional Electoral or CNE) from April 2006 until June 2020. Her actions and policies have undermined democracy and the rule of law in Venezuela, including by failing to ensure that the CNE remains an impartial and independent institution in accordance with the Venezuelan Constitution, thereby facilitating the establishment of the Constituent Assembly and the re‐election of Nicolás Maduro in May 2018 through presidential elections that were neither free nor fair.

                                 22.1.2018

                                 4.

                                 Antonio José BENAVIDES TORRES

                                 Date of birth: 13 June 1961
                                 Gender: male

                                 Chief of the Capital District (Distrito Capital) Government until January 2018. General Commander of the Bolivarian National Guard until 21 June 2017. Involved in the repression of civil society and democratic opposition in Venezuela, and responsible for serious human rights violations committed by the Bolivarian National Guard under his command. His actions and policies as General Commander of the Bolivarian National Guard, including the Bolivarian National Guard taking the lead in the policing of civilian demonstrations and publicly advocating that military courts should have jurisdiction over civilians, have undermined the rule of law in Venezuela.

                                 22.1.2018

                                 5.

                                 Maikel José MORENO PÉREZ

                                 Date of birth: 12 December 1965
                                 Gender: male

                                 President, and former Vice President, of the Supreme Court of Justice of Venezuela (Tribunal Supremo de Justicia). In these roles, he has supported and facilitated the Government's actions and policies which have undermined democracy and the rule of law in Venezuela, and is responsible for actions and statements that have usurped the authority of the National Assembly, including the appointment of the National Electoral Council (CNE) in June 2020 and the suspension and replacement of the leadership boards of three opposition parties in June and July 2020.

                                 22.1.2018

                                 6.

                                 Tarek William SAAB HALABI

                                 Date of birth: 10 September 1963
                                 Place of birth: El Tigre, Anzoátegui state, Venezuela
                                 Gender: male

                                 Venezuelan Attorney General appointed by the Constituent Assembly. In this role, and in previous roles as Ombudsman and President of the Republican Moral Council, he has undermined democracy and the rule of law in Venezuela by publicly supporting actions against opponents of the government of Venezuela and the withdrawal of competences from the National Assembly.

                                 22.1.2018

                                 7.

                                 Diosdado CABELLO RONDÓN

                                 Date of birth: 15 April 1963
                                 Gender: male

                                 President of the Constituent Assembly and First Vice President of the United Socialist Party of Venezuela (PSUV). Involved in undermining democracy and the rule of law in Venezuela, including by using the media to publicly attack and threaten political opposition, other media and civil society.

                                 22.1.2018

                                 8.

                                 Tareck Zaidan EL‐AISSAMI MADDAH

                                 Date of birth: 12 November 1974
                                 Gender: male

                                 Vice President of Economy and Minister of the Popular Power of Petroleum as well as National Industry and Production. As the former Vice President of Venezuela with oversight of the direction of the Bolivarian National Intelligence Service (SEBIN), El‐Aissami is responsible for the serious human rights violations carried out by the organisation, including arbitrary detentions, politically motivated investigations, inhumane and degrading treatment, and torture. He is also responsible for supporting and implementing policies and activities which undermine democracy and the rule of law, including the prohibition of public demonstrations, and heading President Maduro's “anti‐coup command” which has targeted civil society and the democratic opposition.

                                 25.6.2018

                                 9.

                                 Sergio José RIVERO MARCANO

                                 Date of birth: 8 November 1964
                                 Gender: male

                                 Inspector General of the Bolivarian National Armed Forces (FANB), General Commander of the Bolivarian National Guard until 16 January 2018. Involved in the repression of civil society and democratic opposition in Venezuela, and responsible for serious human rights violations committed by the Bolivarian National Guard under his command, including the excessive use of force, and the arbitrary detention and abuse of civil society and opposition members. His actions and policies as General Commander of the Bolivarian National Guard, including the Bolivarian National Guard assaulting members of the democratically elected National Assembly and intimidating journalists reporting on the fraudulent elections for the illegitimate Constituent Assembly, have undermined democracy and the rule of law in Venezuela.

                                 25.6.2018

                                 10.

                                 Jesús Rafael SUÁREZ CHOURIO

                                 Date of birth: 19 July 1962
                                 Gender: male

                                 Commander in Chief of the Venezuelan Bolivarian National Army. Former Chief of the General Staff to the Commander‐in‐Chief, former General Commander of the Venezuelan Bolivarian National Army and former Commander of Venezuela’s Comprehensive Defence Region of the Central Zone (REDI Central). Responsible for serious human rights violations by forces under his command during his tenure as General Commander of the Venezuelan Bolivarian National Army, including the use of excessive force and the mistreatment of detainees. He has targeted the democratic opposition and supported the use of military courts to try civilian protestors.

                                 25.6.2018

                                 11.

                                 Iván HERNÁNDEZ DALA

                                 Date of birth: 18 May 1966
                                 Gender: male

                                 Head of the Directorate‐General of Military Counter‐Intelligence (DGCIM) since January 2014 and Head of the Presidential Guard since September 2015. As Head of the DGCIM, Iván Hernández Dala is responsible for serious human rights violations and the repression of civil society and democratic opposition committed by members of the DGCIM under his command, including the use of excessive force and the ill‐treatment of detainees.

                                 25.6.2018

                                 12.

                                 Delcy Eloina RODRÍGUEZ GÓMEZ

                                 Date of birth: 18 May 1969
                                 Gender: female

                                 Vice President of Venezuela, former President of the illegitimate Constituent Assembly and former member of the Presidential Commission for the illegitimate National Constituent Assembly. Her actions on the Presidential Commission and then as President of the illegitimate Constituent Assembly have undermined democracy and the rule of law in Venezuela, including usurping the powers of the National Assembly and using them to target the opposition and prevent them taking part in the political process.

                                 25.6.2018

                                 13.

                                 Elías José JAUA MILANO

                                 Date of birth: 16 December 1969
                                 Gender: male

                                 Former Minister of Popular Power for Education. Former President of the Presidential Commission for the illegitimate National Constituent Assembly. Responsible for undermining democracy and the rule of law in Venezuela through his role in leading the establishment of the illegitimate Constituent Assembly.

                                 25.6.2018

                                 14.

                                 Sandra OBLITAS RUZZA

                                 Date of birth: 7 June 1969
                                 Gender: female

                                 Rector of the Universidad Bolivariana de Venezuela. Former Vice President of the National Electoral Council (CNE) and former President of the Commission of the Electoral and Civilian Register. Responsible for the CNE's activities which have undermined democracy in Venezuela, including facilitating the establishment of the illegitimate Constituent Assembly and manipulation of the electoral process.

                                 25.6.2018

                                 15.

                                 Freddy Alirio BERNAL ROSALES

                                 Date of birth: 16 June 1962
                                 Place of birth: San Cristóbal, Táchira state, Venezuela
                                 Gender: male

                                 Head of the National Control Centre of the Committee for Local Supply and Production (CLAP) and Protector of Táchira State. Also a Commissioner General of the Bolivarian National Intelligence Service (SEBIN). As Head of the CLAP and Protector of Táchira State he can call upon Special Forces (FAES) and is able to influence appointments of judges and prosecutors. Responsible for undermining democracy through manipulation of CLAP programme distributions amongst voters. Additionally, as Commissioner General of SEBIN he is responsible for SEBIN’s activities which include serious human rights violations such as arbitrary detention.

                                 25.6.2018

                                 16.

                                 Katherine Nayarith HARRINGTON PADRÓN

                                 Date of birth: 5 December 1971
                                 Gender: female

                                 Deputy Prosecutor General (also translated as Deputy Attorney General) from July 2017 until October 2018. Appointed Deputy Prosecutor General by the Supreme Court in violation of the Constitution, rather than by the National Assembly. Responsible for undermining democracy and the rule of law in Venezuela, including by initiating politically‐motivated prosecutions and failing to investigate allegations of human rights violations by the Maduro regime.

                                 25.6.2018

                                 17.

                                 Socorro Elizabeth HERNÁNDEZ

                                 Date of birth: 11 March 1952
                                 Gender: female

                                 Member (Rector) of the National Electoral Council (CNE) until 12 June 2020 and member of the National Electoral Board (JNE). Responsible for the CNE's activities which have undermined democracy in Venezuela, including facilitating the establishment of the illegitimate Constituent Assembly and manipulation of the electoral process in relation to a cancelled presidential recall election in 2016, postponement of gubernatorial elections in 2016, and the relocation of polling stations at short notice before gubernatorial elections in 2017.

                                 25.6.2018

                                 18.

                                 Xavier Antonio MORENO REYES

                                 Gender: male

                                 Secretary‐General of the National Electoral Council (CNE) from 2009 until June 2020. In this role responsible for approving CNE decisions which have undermined democracy in Venezuela, including facilitating the establishment of the illegitimate Constituent Assembly and the manipulation of the electoral process.

                                 25.6.2018

                                 19.

                                 Néstor Neptali BLANCO HURTADO

                                 Date of birth: 26 September 1982
                                 ID number: V‐15222057
                                 Gender: male

                                 Major in the Bolivarian National Guard (GNB), operated alongside officials in the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) since at least December 2017. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in DGCIM facilities.

                                 27.9.2019

                                 20.

                                 Rafael Ramón BLANCO MARRERO

                                 Date of birth: 28 February 1968
                                 ID number: V‐6250588
                                 Gender: male

                                 Deputy Director of the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) since at least December 2018 and Division General of the Venezuelan Bolivarian National Army since 5 July 2019. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in DGCIM facilities, that were committed by DGCIM officials under his command. Linked to the death of Captain Acosta.

                                 27.9.2019

                                 21.

                                 Carlos Alberto CALDERÓN CHIRINOS

                                 ID number: V‐10352300
                                 Gender: male

                                 Senior office holder (referred to as Commissioner, Director and Director General) in the Bolivarian National Intelligence Service (SEBIN). Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in SEBIN facilities. In particular, he participated in and was responsible for acts of torture and the cruel, inhuman and degrading treatment of detainees in El Helicoide, a SEBIN prison.

                                 27.9.2019

                                 22.

                                 Alexis Enrique ESCALONA MARRERO

                                 Date of birth: 12 October 1962
                                 Gender: male

                                 Chief in Charge of the National Office Against Organized Crime and Terrorist Financing (ONDOFT) from January 2018 until May 2019. National Commander of the National Anti‐Extortion and Kidnapping Command (Comando Nacional Antiextorsión y Secuestro (CONAS)) between 2014 and 2017. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees by members of CONAS under his command. Also responsible for the repression of civil society by members of CONAS under his command.

                                 27.9.2019

                                 23.

                                 Rafael Antonio FRANCO QUINTERO

                                 Date of birth: 14 October 1973
                                 ID number: V‐11311672
                                 Gender: male

                                 Agent in the Bolivarian National Intelligence Service (SEBIN). Head of Security at Maiquetía International Airport. Head of Investigations at the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) between at least 2017 and December 2018. Responsible for serious human rights violations, including torture, the use of excessive force and the ill‐treatment of detainees in DGCIM facilities by members of the DGCIM under his command. Also responsible for the repression of civil society and democratic opposition by members of the DGCIM under his command. Linked to the death of Captain Acosta.

                                 27.9.2019

                                 24.

                                 Alexander Enrique GRANKO ARTEAGA

                                 Date of birth: 25 March 1981
                                 ID Number: V‐14970215
                                 Gender: male

                                 Head (Director) of the Special Affairs Division (DAE) of the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). Promoted to the rank of lieutenant colonel of the Bolivarian National Guard on 1 July 2020. Responsible for serious human rights violations, including torture, the use of excessive force causing death and injury and the ill‐treatment of detainees in DGCIM facilities committed by himself and by officials under his command. Also responsible for the repression of civil society by members of DGCIM under his command, as well as being directly involved in such repression. Linked to the death of Captain Acosta.

                                 27.9.2019

                                 25.

                                 Hannover Esteban GUERRERO MIJARES

                                 Date of birth: 14 January 1971
                                 Gender: male

                                 Head of Investigations at the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) from at least April 2019 to August 2019. As Head of Investigations, he supervised the DGCIM facility in Boleita. Responsible for serious human rights violations, including torture, the use of excessive force and the ill‐treatment of detainees committed by himself and by officials under his command, particularly in Boleita. Linked to the death of Captain Acosta.

                                 27.9.2019

                                 26.

                                 José Adelino ORNELAS FERREIRA
                                 Alias: José Adelino ORNELLA FERREIRA / José Adelino ORNELLAS FERREIRA

                                 Date of birth: 14 December 1964
                                 Place of birth: Caracas, Distrito Capital, Venezuela
                                 ID number: V‐7087964
                                 Gender: male

                                 Secretary‐General of the National Defence Council since 26 July 2019 and Chief of the General Staff to the Commander‐in‐Chief since September 2020. Former commander of the National Capital Integral Strategic Defence Region (REDI Capital), former Chief of Staff and former Second‐in‐Command of the Operational and Strategic Command of the Bolivarian National Armed Forces of Venezuela (CEOFANB). In these roles he has supported and facilitated actions and policies of the Government of Venezuela which have undermined democracy and the rule of law in Venezuela. Responsible for serious human rights violations and the repression of civil society and democratic opposition in Venezuela, including obstructing the provision of humanitarian aid and the use of excessive force by officials of the Bolivarian Armed Forces (FANB), and by subordinate forces under his command, including the Integral Strategic Defence Region (REDI), the Integral Defence Operations Zone (ZODI) and the Bolivarian National Guard.

                                 29.6.2020

                                 27.

                                 Gladys del Valle REQUENA

                                 Date of birth: 9 November 1952
                                 Place of birth: Puerto Santo, Sucre, Venezuela
                                 ID number: V‐4114842
                                 Gender: female

                                 Member and, since 26 October 2018, the Second Vice‐President of the non‐recognised National Constituent Assembly (ANC). In her leading role in the non‐recognised ANC, she has undermined democracy and the rule of law in Venezuela including by signing the decree that stripped the president of the National Assembly of Venezuela, Juan Guaidó, of his parliamentary immunity.

                                 29.6.2020

                                 28.

                                 Tania Valentina DÍAZ GONZÁLEZ

                                 Date of birth: 18 June 1963
                                 Place of birth: Caracas, Distrito Capital, Venezuela
                                 ID number: V‐6432672
                                 Gender: female

                                 Member and, since 4 January 2018, the First Vice‐President of the non‐recognised National Constituent Assembly (ANC). In her leading role in the non‐recognised ANC she has undermined democracy and the rule of law in Venezuela, including by signing the decree that stripped the president of the National Assembly of Venezuela, Juan Guaidó, of his parliamentary immunity.

                                 29.6.2020

                                 29.

                                 Elvis Eduardo HIDROBO AMOROSO

                                 Date of birth: 4 August 1963
                                 Place of birth: Caracas, Distrito Capital, Venezuela
                                 ID number: V‐7659695
                                 Gender: male

                                 Comptroller General, since 23 October 2018, and former First and Second Vice‐President of the non‐recognised National Constituent Assembly (ANC). His actions have undermined democracy and the rule of law in Venezuela, including by leading the non‐recognised ANC, signing the “law against hatred”, justifying the removal of a legally‐elected opposition governor and banning Juan Guaidó from running for any public office.

                                 29.6.2020

                                 30.

                                 Juan José MENDOZA JOVER

                                 Date of birth: 11 March 1969
                                 Place of birth: Trujillo, Venezuela
                                 Address: Arnoldo Gabaldón, Candelaria, Edo. Trujillo
                                 ID number: V‐9499372
                                 Gender: male

                                 Second Vice‐President of the Venezuelan Supreme Court of Justice (Tribunal Supremo de Justicia (TSJ)) and President of the Constitutional Chamber of the TSJ since 24 February 2017. His actions have undermined democracy and the rule of law in Venezuela, including by a number of judicial rulings in the past two years that have limited or undermined the constitutional powers of Venezuela’s democratically‐elected legislative body, the National Assembly.

                                 29.6.2020

                                 31.

                                 Jorge Elieser MÁRQUEZ MONSALVE

                                 Date of birth: 20 February 1971
                                 Place of birth: Caracas, Venezuela
                                 ID number: V‐8714253
                                 Gender: male

                                 Director‐General of the National Commission of Telecommunications (CONATEL) since 7 August 2017. His actions have undermined democracy and the rule of law in Venezuela, including by severely limiting the rights of the Venezuelan people to free press, free speech and information. He used the special powers of CONATEL to silence criticism and dissidents of the regime by blocking, filtering and obstructing internet websites and by revoking existing licences for radio and television stations and refusing to grant new such licences.

                                 29.6.2020

                                 32.

                                 Farik Karin MORA SALCEDO

                                 ID number: V‐8608523
                                 Gender: male

                                 Prosecutor serving at the Venezuelan First Special Court of First Instance with an office within the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). His actions have undermined democracy and the rule of law in Venezuela, including by initiating politically motivated prosecutions which resulted in the arbitrary detention of members of the National Assembly and other officials opposing the Maduro regime.

                                 29.6.2020

                                 33.

                                 Dinorah Yoselin BUSTAMANTE PUERTA

                                 Date of birth: 14 January 1975
                                 ID number: V‐10002096
                                 Gender: female

                                 Prosecutor serving at the Venezuelan First Special Court of First Instance, with an office within the Directorate‐General of Military Counter‐Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). Her actions have undermined democracy and the rule of law in Venezuela, including by initiating politically motivated prosecutions which resulted in the arbitrary detention of members of the National Assembly and other officials opposing the Maduro regime.

                                 29.6.2020

                                 34.

                                 Luis Eduardo PARRA RIVERO

                                 Date of birth: 7 July 1978
                                 ID number: V‐14211633
                                 Gender: male

                                 Member and illegitimately elected President of the National Assembly. As a member of the National Assembly, he staged his election as the President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore opposition members had to organise themselves outside of the premises of the National Assembly to re‐elect Juan Guaidó as its President. Shortly after the staged election of Parra, supported by the regime’s political party (PSUV), Parra was welcomed by Maduro and the non‐recognised National Constituent Assembly (ANC).

                                 29.6.2020

                                 35.

                                 Franklyn Leonardo DUARTE

                                 Date of birth: 15 May 1977
                                 ID number: V‐3304045
                                 Gender: male

                                 Member and illegitimately elected first Vice‐President of the National Assembly. As a member of the National Assembly, he staged his election as the first Vice‐President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore, opposition members had to organise themselves outside of the premises of the National Assembly to re‐elect Juan Guaidó as its President. Shortly after the staged election of Duarte, supported by the regime’s political party (PSUV), the election of the Board of Directors of the National Assembly was welcomed by Maduro and the non‐recognised National Constituent Assembly (ANC).

                                 29.6.2020

                                 36.

                                 José Gregorio NORIEGA FIGUEROA

                                 Date of birth: 21 February 1969
                                 ID number: V‐8348784
                                 Gender: male

                                 Member and illegitimately elected second Vice‐President of the National Assembly. Illegitimately appointed director of the ad‐hoc board of political party Voluntad Popular. As a member of the National Assembly he staged his election as the second Vice‐President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore opposition members had to organise themselves outside of the premises of the National Assembly to re‐elect Juan Guaidó as its President. Shortly after the staged election of Noriega, supported by the regime’s political party (PSUV), the election of the Board of Directors of the National Assembly was welcomed by Maduro and the non‐recognised National Constituent Assembly (ANC). In July 2020, Noriega, helped by the Venezuelan Supreme Court of Justice (Tribunal Supremo de Justicia (TSJ)), illegitimately took over the leadership of the political party Voluntad Popular, thereby further undermining democracy in Venezuela.

                                 29.6.2020

               ’


title: Commission Implementing Regulation (EU) 2020/1680 of 6 November 2020 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (PDO)

text:
                  13.11.2020

                  EN

                  Official Journal of the European Union

                  L 379/26

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1680
         of 6 November 2020
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (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)

                     In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ forwarded by Italy and has 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 ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ 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 the Agricultural Markets,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (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 November 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 202, 16.6.2020, p. 32.


title: Commission Implementing Regulation (EU) 2020/1685 of 12 November 2020 amending Regulation (EU) No 37/2010 to classify the substance bupivacaine as regards its maximum residue limit (Text with EEA relevance)

text:
                  13.11.2020

                  EN

                  Official Journal of the European Union

                  L 379/44

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1685
         of 12 November 2020
         amending Regulation (EU) No 37/2010 to classify the substance bupivacaine as regards its maximum residue limit
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14, in conjunction with Article 17 thereof,
         Having regard to the opinions of the European Medicines Agency formulated on 20 February 2020 and 18 June 2020 by the Committee for Medicinal Products for Veterinary Use,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     The substance bupivacaine is not included in that table.

                     (4)

                     An application for the establishment of MRLs for bupivacaine for cutaneous and epilesional use only in porcine, for piglets up to 7 days of age, and in bovine, for calves up to 2 months of age, has been submitted to the European Medicines Agency (‘Agency’).

                     (5)

                     The Agency, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has concluded that the establishment of an MRL for bupivacaine in porcine and bovine, within those age limitations, is not necessary for the protection of human health and recommended a ‘no MRL required’ classification.

                     (6)

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

                     (7)

                     The Agency has considered that the extrapolation of the ‘no MRL required’ classification for bupivacaine in porcine and bovine to other food-producing species is not appropriate at this time due to insufficient data.

                     (8)

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

                     (9)

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

               HAS ADOPTED THIS REGULATION:

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

                           Pharmacologically active Substance

                           Marker residue

                           Animal Species

                           MRLs

                           Target Tissues

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

                           Therapeutic Classification

                           ‘Bupivacaine

                           NOT APPLICABLE

                           Porcine

                           No MRL required

                           NOT APPLICABLE

                           For use in piglets up to 7 days of age only.
                           For cutaneous and epilesional use only.

                           Local anaesthetic’

                           Bovine

                           For use in calves up to 2 months of age only.
                           For cutaneous and epilesional use only.


title: Commission Implementing Regulation (EU) 2020/1686 of 12 November 2020 making imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey subject to registration

text:
                  13.11.2020

                  EN

                  Official Journal of the European Union

                  L 379/47

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1686
         of 12 November 2020
         making imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey subject to registration
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 14(5) thereof,
         After informing the Member States,
         Whereas:

                     (1)

                     On 14 May 2020, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (2) (‘the Notice of Initiation’), the initiation of an anti-dumping proceeding (‘the anti-dumping proceeding’) with regard to imports into the Union of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey following a complaint lodged on 31 March 2020 by Eurofer (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain hot-rolled flat products of iron, non-alloy or other alloy steel.

               1.   PRODUCT SUBJECT TO REGISTRATION

                     (2)

                     The products subject to registration (‘the product concerned’) are flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated. These products are currently falling under CN codes 7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 00, 7208 38 00, 7208 39 00, 7208 40 00, 7208 52 10, 7208 52 99, 7208 53 10, 7208 53 90, 7208 54 00, 7211 13 00, 7211 14 00, 7211 19 00, ex 7225 19 10 (TARIC code 7225191090), 7225 30 90, ex 7225 40 60 (TARIC code 7225406090), 7225 40 90, ex 7226 19 10 (TARIC code 7226191090), 7226 91 91 and 7226 91 99. The CN and TARIC codes are given for information only.

                     (3)

                     Not subject to registration are: (i) products of stainless steel and grain-oriented silicon electrical steel; (ii) products of tool steel and high-speed steel; (iii) products, not in coils, without patterns in relief, of a thickness exceeding 10 mm and of a width of 600 mm or more; and (iv) products, not in coils, without patterns in relief, of a thickness of 4,75 mm or more but not exceeding 10 mm and of a width of 2 050 mm or more.

               2.   REQUEST

                     (4)

                     On 17 September 2020, the complainant submitted a registration request pursuant to Article 14(5) of the basic Regulation. The complainant requested that imports of the product concerned be made subject to registration so that measures may be applied against those imports retroactively from the date of such registration.

                     (5)

                     The following interested parties submitted comments in reaction to the request: the Government of Turkey, the Consortium of Users (users), Colakoglu and Erdemir Groups and Habas (exporting producers), the Turkish Steel Exporters’ Association (‘ÇİB’) and the Turkish Steel Producers Association (‘TCUD’).

               3.   GROUNDS FOR REGISTRATION

                     (6)

                     According to Article 14(5) of the basic Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration, provided all conditions set out in the basic Regulation are met. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action.

                     (7)

                     The complainant alleged that, on the basis of the most recent available statistics, there had been a substantial rise in imports following the initiation of the investigation which was likely to seriously undermine the remedial effect of definitive duties. Moreover the complainant argued that there was a history of dumping from Turkey over an extended period and that importers were, or should have been, aware of the dumping practices from Turkey.

                     (8)

                     The Commission examined the request in the light of Article 10(4) of the basic Regulation. The Commission verified whether the importers were aware, or should have been aware, of the dumping as regards the extent of the dumping and the injury alleged or found. It also analysed whether there was a further substantial rise in imports which, in the light of its timing as well as volume and other circumstances, was likely to seriously undermine the remedial effect of an eventual definitive anti-dumping duty to be applied.

               3.1.   Awareness of the importers of the dumping, the extent thereof and the alleged injury

                     (9)

                     At this stage, the Commission has at its disposal sufficient evidence that imports of the product concerned from Turkey are being dumped. The complaint provided sufficient evidence of dumping based on a comparison of the normal value thus established with the export price (at ex-works level) of the product concerned when sold for export to the Union. As a whole, and given the extent of the alleged dumping margins ranging from 4 % to 8 %, this evidence provided sufficient support that the exporting producers practice dumping.

                     (10)

                     The complaint also provided sufficient evidence of alleged injury to the Union industry, including a negative development of key performance indicators of the Union industry.

                     (11)

                     That information was contained both in the non-confidential version of the complaint and in the Notice of Initiation published on 14 May 2020. By its publication in the Official Journal of the European Union, the Notice of Initiation is a public document accessible to all importers. Furthermore, as interested parties in the investigation, importers have access to the non-confidential version of the complaint and the non-confidential file. Therefore, the Commission considered that, on this basis, importers, were aware, or should have been aware, of the dumping, the extent thereof and the alleged injury (3).

                     (12)

                     As stated in recital 5 several interested parties submitted comments to the request for registration. With regard to the first criterion, the Government of Turkey, Habas, CIB and the Colakoglu and Erdemir Groups highlighted that the mere initiation of an anti-dumping investigation does not automatically mean that dumping is actually taking place, as certain investigations (some concerning Turkey) are terminated without the imposition of duties. Rather it would be only a ‘one-sided allegation’. Thus, an importer cannot be aware of something (‘dumping practices’) that the investigation has not yet established. The Government of Turkey, Habas and CIB also contested certain additional evidence provided by Eurofer in the request, including the claim that the CEO of a Turkish exporting producer was aware of the upcoming anti-dumping investigation and the information that imports of the product concerned are subject to trade defence measures in third countries. Lastly, TCUD noted that some of the claims made by Eurofer regarding anti-dumping measures against Turkish imports of the product concerned were not truthfully described in the submission. In this respect, TCUD argued that one company was exempted from the US measures following a challenge before the relevant courts and that another third country (Morocco) removed the anti-dumping duties against Turkey following the ruling of a WTO panel.

                     (13)

                     Article 14(5) of the basic Regulation stipulates that, as of the initiation of the investigation and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. The main objective of registration in this case is to allow the possibility to retroactively impose provisional measures up to 90 days preceding their application in accordance with Article 10(4) of the basic Regulation. In light of this provision, the Commission cannot register imports after a provisional duty has already been imposed.

                     (14)

                     If, as suggested by some parties, registration is only possible after a finding of dumping has been made by an investigation, then by definition it could never take place prior to the imposition of provisional duties. Such approach would completely deprive the registration tool of its effet utile (4). Therefore, the Commission needs to take a decision on whether to register imports or not before any provisional duty is in place. In this respect the Commission noted that at the stage when the complainant filed the request for registration the best information available was that of the complaint, on the basis of which, as provided in the Notice of Initiation, the Commission initiated the anti-dumping investigation, and which indicated the existence of evidence tending to show injurious dumping. Therefore, the Commission rejected these claims as unfounded. Moreover, in view of this finding, the Commission did not need to assess the additional evidence referred to above regarding imports of the Turkish exporting producers to third countries and the related arguments.

                     (15)

                     The Commission thus concluded that the first criterion for registration was met.

               3.2.   Further substantial rise in imports

                     (16)

                     The Commission analysed this criterion based on the statistical data for the product concerned available in the Surveillance 2 database. For assessing whether a further substantial increase had taken place since the initiation of the investigation, the Commission first defined the periods of time to be compared. On the one hand, it assessed the import data from Turkey following the initiation of the anti-dumping investigation (i.e. the point in time as of when importers were aware, or should have been aware, of dumping practices) until the most recent period, i.e. the period June-mid-October 2020. On the other hand, the Commission calculated Turkish imports for the same period during the investigation period (5) (i.e. June-mid-October 2019) and the monthly average import volumes in the full investigation period.

                     (17)

                     The Commission considered that, in this case, a comparison between the post-initiation average monthly import volumes with the average monthly Turkish import volumes in the entire investigation period would not be sufficient to assess whether there was a substantial increase in imports in view of the market developments and stockpiling effect derived from the ongoing safeguard measures affecting the product concerned. Thus, the Commission considered it appropriate to base its determination on the comparison between the post-initiation average monthly import volumes with the same period in the investigation period in order to better reflect the potential influence of the ongoing safeguard measures on the behaviour of import flows from Turkey in the period assessed (6). Comparing the post-initiation import volumes with import volumes in the same period of the previous year would, in addition, take due account of possible seasonality effects, if any (7).

                     (18)

                     Regarding the influence of the safeguard measures on the Turkish import flows, the Commission noted that throughout the whole year 2019 (the investigation period), Turkey’s imports of the product concerned were affected by numerous adjustments to the functioning of the safeguard measures that impacted the export behaviour from Turkey.

                     (19)

                     First, January 2019, by far the best-performing month of Turkish imports of the product concerned, coincided with the last month of provisional safeguard measures. In this respect, there was uncertainty in the market as to the shape definitive measures would take. The Commission noted that any volume of free-of-duty Tariff-Rate Quota (‘TRQ’) not sold by the end of that month would not have been carried over to the next period, i.e. volumes of free-of-duty TRQ would have been ‘lost’. A similar situation, i.e. last month(s) prior to a new period of the measures, occurred in the quarter February-March 2019. Second, in February, April, July and October of the year 2019 there were openings of new free-of-duty TRQ batches. Under the safeguard measures on certain steel products, every opening of TRQ has generally lead to large volumes being imported in the early stages of each of the quarters. Last, the Commission announced in August 2019, in the framework of the first review investigation of the steel safeguard measures, that it would make Turkish imports of the product concerned subject to a 30 % cap over the TRQ available under the relevant product category, thus also leading to an increase in imports ahead of such change in the TRQ administration.

                     (20)

                     The Commission further highlighted that the above events impacted the flow of import volumes as shown in the statistics. Notably, the months of January, March and September rank first, second and fourth in terms of volumes exported monthly by Turkey in 2019 (in some cases being substantially higher than any other month in that year) (8). Hence the Commission concluded that all these regulatory actions in the framework of the steel safeguard measures influenced significantly the behaviour of market operators and the trend of import flows across the year.

                     (21)

                     The situation in a substantially shorter period (between June and mid-October) was less affected by regulatory changes in the management of the TRQs. Thus, the Commission compared the monthly average Turkish import volume in the period June-mid-October 2020 with the monthly average volume of imports in the same period of the preceding year, 2019.

                     (22)

                     The comparison shows that the monthly average import volume from Turkey in this period increased by 6 %.

                                 Import volumes (monthly average)

                                 Investigation period (2019)

                                 June – mid-October 2019

                                 June- mid-October 2020

                                 Delta

                                 June- mid-October 2020 vs investigation period

                                 June- mid-October 2020 vs June- mid-October 2019 (9)

                                 Turkey (tonnes)

                                 227 875

                                 164 897

                                 174 986

                                 -23 %

                                 +6 %

                        Source: Surveillance 2 database.

                     (23)

                     The Commission further examined the import trends in the selected period and the respective period within the investigation period in order to determine whether that 6 % increase constituted a substantial increase in imports in this case. In particular, the Commission observed that negligible import volumes from Turkey took place in the month of September 2020. Such exceptionally low volume of imports was largely due to the fact that under the steel safeguard measures, Turkey had virtually exhausted its country-specific TRQ in that month in product category 1 (where the product concerned belongs) and therefore it would have been only able to export any meaningful amounts of the product concerned subject to a 25 % duty (10). This exceptionally low import volume in September 2020 reduced to a large extent the monthly average import volumes in the relevant period chosen by the Commission to carry out the comparison (June-mid-October 2020). At the same time, the Commission noted that precisely in the same month of the preceding year, in September 2019, there was a very high volume of imports due to the fact that in October 2019 the adjustments following the first review investigation of the safeguard measures would take effect. Therefore, in anticipation of this event, Turkish producers exported very large amounts during the month of September 2019.

                     (24)

                     In light of the considerations in the previous recital, the Commission considered that the imports of the months of September of, respectively 2019 and 2020 were not representative and assessed also the import levels without including that month in both years. Such comparison confirmed that the increases of import volumes in comparison with the same months during the investigation period had been very significant. For example, when comparing the period June-August in 2020 and the same period in 2019 there was an increase by 44 %. A significant increase by 49 % would also take place when comparing the period June-mid-October 2020 with the same period in 2019, in the absence of the month of September. In light of these considerations, the Commission concluded that the increase of imports in this case is substantial.

                     (25)

                     Regarding this criterion, the Government of Turkey, Habas, CIB, the Colakoglu and Erdemir Groups and the Consortium of HRFS users contested the period proposed by the complainant to assess whether a substantial rise in imports took place. Instead, these parties proposed different periods to carry out such comparison that in their view would show that this criterion was not met. Habas and the Consortium of HRFS users suggested that comparing on a quarterly basis the same periods of 2019 and the first half of 2020, i.e. the first two quarters of each year, would show a decrease in imports. CIB and the Colakoglu and Erdemir Groups argued that the period chosen by Eurofer, namely June-July 2020, was too short, and thus not representative. Moreover, CIB and the Consortium of HRFS users alleged that the reasons for any increase in imports would have nevertheless been the consequence of the relaxation of the lockdown measures in the Union related to the COVID-19 pandemic, which coincided with the early stages of the post-initiation period. CIB argued that the Commission must compare the volume of imports that occurred after initiation of the investigation with the volume of imports that occurred during the investigation period. This party further argued that Turkey’s imports would have shown a steady decline in January-May 2020 and that in the months of June and July 2020, they would have just increased to return to ‘their normal level’. Moreover, CIB concluded that the Commission should disregard the post-initiation data of June 2020 because of the impact of the alleged particular ‘post-quarantine’ situation. In such case the comparison with the monthly average in the investigation period would show an increase of 12 %, which could not qualify as ‘further substantial increase’, but rather as a ‘very modest’ increase. Other parties proposed to assess the import trends in the first seven months (January-July) of the periods 2017-2020, the import trends throughout the years 2017 to 2020 (annualised) (11), the monthly average in the years 2018 and 2019 with the monthly average in the period January-July 2020, the monthly average of the period January-July 2018 and 2019 with the same period in the year 2020, and the monthly average in the investigation period with the import volume in the month of July 2020 (12), to show that there would have been a decline in imports. The Colakoglu and Erdemir Groups also took issue with the fact that the request did not include any import data between the end of the investigation period and the initiation of the investigation, despite the time lapsed between the two.

                     (26)

                     Furthermore, the Consortium of HRFS users additionally claimed that registration would reduce the level of imports and cause a shortage of supply which would be threatening the operations of certain users’ production facilities established in the Union. This would allegedly disrupt the market and cause irreparable damage to independent users of the product concerned.

                     (27)

                     All interested parties that reacted to the registration request from Eurofer concurred in arguing that because of the impact of the steel safeguard measures on Turkey, it would not be able to rise further its exports in the coming months (i.e. those prior to the imposition of provisional anti-dumping measures), and that therefore the Commission should disregard the request for registration.

                     (28)

                     With regard to the different periods proposed by the parties, the Commission refers to the reasoning and explanations it laid out in section 3.2 above. Nevertheless, there are a number of claims in this respect that warrant a specific rebuttal. In the first place, the Commission notes that while it usually also compares the monthly average imports of a post-initiation period with the average import levels in the investigation period, such comparison may not always be appropriate. In this case, the Commission has found and explained in recitals 16 to 20 above that, in view of the particular market circumstances with regard to the imports under investigation, using the average imports of the year 2019 is not the most appropriate basis for comparison.

                     (29)

                     Second, the Commission notes that one of the proposals referred to trends from a period prior to the initiation of the anti-dumping investigation. This would be inconsistent with the finding that the awareness of dumping practices from Turkey stems from the publication of the Notice of Initiation. Thus, the trend in imports from a period prior to the point where an importer could have been aware of the existence of dumping, is not to be taken into consideration for assessing the merits of a registration request.

                     (30)

                     Third, the Commission further notes that, while Eurofer’s request constitutes the starting point for the analysis, the Commission nevertheless also has to carry out a comprehensive analysis of its own. In this regard, the Commission has at its disposal a set of data for a more recent period than that provided by Eurofer in the request (namely, until mid-October 2020) (13). Moreover, the Commission also deemed it more appropriate to compare this set of data with the same period in the investigation period, for the reasons developed above.

                     (31)

                     Thus, the Commission does not consider that the different proposals have shown any compelling reasons that would render them more apt to assess the import trends than that developed in section 3.2. Therefore, the Commission rejected these claims.

                     (32)

                     Regarding the claims that because of the safeguard measures in place, there would in any event be no risk of a further substantial rise in imports, the Commission disagreed for the following reasons.

                     (33)

                     First, the registration does not prejudge a decision on retroactive collection of the provisional anti-dumping duties. Whether safeguards measures will prevent an increase of imports until the imposition of provisional measures should be assessed in the context of a possible retroactive collection of duties (14).

                     (34)

                     In any event, the Commission acknowledges that, as a result of the changes introduced by the safeguard measures as of 1 July 2020, Turkey has become subject to a country-specific TRQ whose quarterly volumes are set out in Annex II of Commission Implementing Regulation (EU) 2020/894 (15). If these volumes are exhausted, Turkey is nevertheless still allowed to continue exporting into the Union (16).

                     (35)

                     However, the Commission does not agree that this fact alone would automatically prevent Turkish imports from rising substantially before the imposition of provisional anti-dumping duties, if any. This is so because by the time provisional duties may be imposed at the latest, this is by mid-January 2021, two batches of free-of-duty country-specific TRQ would have been released for Turkey (17). Moreover, any eventual comparison between import volumes to assess whether retroactive collection of duties is warranted could also cover a period prior to that when Turkey became subject to a country-specific TRQ as explained in recitals 18 and 19 above. Therefore, at this stage, there is no evidence that the overall volumes that Turkey could export free-of-duty (and under the 25 % duty) until an eventual imposition of provisional anti-dumping measures could not qualify as a further substantial rise. The Commission will any event only be able to conclude on this matter in case definitive anti-dumping duties were imposed at the end of the ongoing investigation.

                     (36)

                     Therefore the Commission rejects the claims that because of the safeguard measures in place a further substantial rise in imports should be ruled out.

                     (37)

                     Lastly, the Commission notes that the comment made by the Consortium of users regarding the impact of registration on the supply of the product concerned and on independent users does not fall under the legal requirements that are to be assessed when deciding on the registration of imports. Therefore the Commission does not address it at this stage of the proceeding.

                     (38)

                     In view of the above considerations, the Commission found that the second criterion for registration was also met.

               3.3.   Undermining of the remedial effect of the duty

                     (39)

                     The Commission has at its disposal sufficient evidence that additional injury would be caused by a continued rise in imports from Turkey at further decreasing prices.

                     (40)

                     As established in section 3.2 there is sufficient evidence of a substantial rise in imports of the product concerned.

                     (41)

                     In addition, there is evidence of a decreasing trend in the import prices of the product concerned. In this regard import prices from Turkey into the Union in the period June-mid-October 2020 have decreased, on average, by 13 % when compared to the same period in 2019 and by 14 % when compared to the monthly average in the investigation period.

                                 Period

                                 IP (2019)

                                 June- mid-October 2019

                                 June-mid-October 2020

                                 Delta

                                 June- mid-October 2020 vs IP

                                 June- mid-October 2020 vs June- mid-October 2019

                                 Average Unit price
                                 (EUR/tonne)

                                 493

                                 488

                                 422

                                 -14 %

                                 -13 %

                        Source: Surveillance 2 database.

                     (42)

                     The further rise in imports following the initiation of the case is thus likely, in light of its timing, volume and other circumstances, such as the pricing behaviour of exporting producers, to seriously undermine the remedial effect of any definitive duty, unless such duty would be applied retroactively.

                     (43)

                     The Commission therefore concluded that the third criterion for registration was also met.

               4.   PROCEDURE

                     (44)

                     The Commission has concluded that there is sufficient evidence to justify making imports of the product concerned subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation.

                     (45)

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

               5.   REGISTRATION

                     (46)

                     Under Article 14(5) of the basic Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

                     (47)

                     Any future liability would emanate from the findings of the anti-dumping investigation.

                     (48)

                     The allegations in the complaint resulting in the initiation of an anti-dumping investigation estimate dumping margins from 4 % to 8 % and injury elimination levels ranging from 10 % to 25 % for the product concerned. The amount of possible future liability can be estimated at the level of the highest dumping margin estimated on the basis of the complaint, namely 8 % as a proportion of the CIF import value of the product concerned.

               6.   PROCESSING OF PERSONAL DATA

                     (49)

                     Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (18),

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EU) 2016/1036, to take the appropriate steps to register imports into the Union of flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated. These products are currently falling under CN codes 7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 00, 7208 38 00, 7208 39 00, 7208 40 00, 7208 52 10, 7208 52 99, 7208 53 10, 7208 53 90, 7208 54 00, 7211 13 00, 7211 14 00, 7211 19 00, ex 7225 19 10 (TARIC code 7225191090), 7225 30 90, ex 7225 40 60 (TARIC code 7225406090), 7225 40 90, ex 7226 19 10 (TARIC code 7226191090), 7226 91 91 and 7226 91 99 and originating in Turkey.

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

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  OJ C 166, 14.5.2020, p. 9.

            (3)  See judgment of the General Court (Second Chamber) of 8 May 2019 in T-749/16, Stemcor vs European Commission, paragraph 56.

            (4)  See judgment of the General Court (Second Chamber) of 8 May 2019 in T-749/16, Stemcor vs European Commission, paragraph 33.

            (5)  The investigation period (IP) covered the period from 1 January 2019 to 31 December 2019.

            (6)  Imports from Turkey of the product concerned are subject to safeguard measures since mid-July 2018 (under product category 1). Tariff-Rate Quota’s (‘TRQs’) under the safeguard measures are administered quarterly. Therefore, by comparing the same periods, the trend will be less impacted by the numerous changes to the TRQ administration that took place throughout the investigation period which is a full year (2019), as Turkey was subject to three different regimes under the TRQ administration system in the course of the year 2019.

            (7)  The Commission noted that for the product concerned, the summer period shows consistently a decline in consumption as compared to the period prior to it. The periods used by the Commission in this case would thus remove any distortion as far as possible seasonality effects are concerned.

            (8)  In fact, the average import volumes in these months is more than twice the average import volumes of the remaining nine months in the year 2019.

            (9)  This comparison is considered more appropriate, see recitals 17 to 21 above.

            (10)  Until the next country-specific TRQ batch was available.

            (11)  Consortium of HRFS users.

            (12)  Colakoglu and Erdemir Groups.

            (13)  Eurofer’s request for registration only considered data for the months of June and July 2020.

            (14)  This is, when the import data for the relevant period to be assessed for determining whether a retroactive collection of duties is warranted or not, is available.

            (15)  Commission Implementing Regulation (EU) 2020/894 of 29 June 2020 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products (OJ L 206, 30.6.2020, p. 27).

            (16)  Subject to a 25 % duty until the opening of the next batch of TRQs in the next quarter.

            (17)  Those corresponding to the quarters October-December 2020 and January-March 2021 respectively.

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


title: Commission Implementing Regulation (EU) 2020/1701 of 10 November 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  16.11.2020

                  EN

                  Official Journal of the European Union

                  L 382/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1701
         of 10 November 2020
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

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

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

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

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

                  For the Commission,

                  On behalf of the President,

               Gerassimos THOMAS

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

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

            ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A product, put up in a set for retail sale, packed in a black cotton bag, consisting of two articles:

                                    —

                                    a stainless steel tube of circular cross-section with a length of approximately 21,5 cm and a diameter of approximately 0,5 cm. It has a number of notches to help ensure a firm grip. It is designed to be used as a reusable drinking straw;

                                    —

                                    a twisted stainless steel brush with a length of approximately 20,2 cm and a brush head made of nylon hair with a diameter of 0,5 cm. The brush is designed to fit through the straw to clean it after use.

                              See image (*1).

                        7323 93 00

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 7323  and 7323 93 00 .
                        The component that gives the set its essential character is the tube, that can be used as a reusable drinking straw even if not accompanied by the brush. The brush, on the other hand, is only of ancillary nature.
                        The objective characteristics of the product (specific dimensions, shape, degree of processing, food safe material, presence of circumferential creases) make it identifiable as a finished product (drinking straw) of heading 7323 .
                        Classification under heading 7304  or 7306  as tubes, pipes and hollow profiles is therefore excluded as the product is a specific finished article covered by another heading.
                        Consequently, the product is to be classified under CN code 7323 93 00  as other household articles of stainless steel.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2020/1702 of 10 November 2020 concerning the classification of certain goods in the Combined Nomenclature

text:
                  16.11.2020

                  EN

                  Official Journal of the European Union

                  L 382/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1702
         of 10 November 2020
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

               HAS ADOPTED THIS REGULATION:

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

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

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            This Regulation shall be binding in its entirety and directly applicable in all Member States.

            Done at Brussels, 10 November 2020.

                  For the Commission,

                  On behalf of the President,

               Gerassimos THOMAS

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

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

            ANNEX

                        Description of the goods

                        Classification (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Cable winding system consisting of the following components:

                                    —

                                    a cable fitted with a connector (a plug) at one end for a voltage not exceeding 1 000  V;

                                    —

                                    a plastic cable winder equipped with a spring operated retractable mechanism (including a brake system to stop the winding), a brass contact system for transmission of electric current and plastic fittings.

                              It is designed to be built into a vacuum cleaner.
                        See images (*1).

                        8544 42 90

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes, 8544 , 8544 42  and 8544 42 90 .
                        Classification under heading 8508  as parts of vacuum cleaners is excluded as based on its objective characteristics the article is not identifiable as being solely or principally suitable for a vacuum cleaner.
                        The article is a composite machine (its components are fitted together to form a whole) within the meaning of note 3 to Section XVI, consisting essentially of a cable fitted with a connector of heading 8544  and a winder of heading 8479 . It is the cable that performs the principal function of the machine.
                        The article is therefore to be classified under CN code 8544 42 90  as other electrical conductors, for a voltage not exceeding 1 000  V, fitted with connectors.

               (*1)  The images are purely for information.