title: Commission Implementing Regulation (EU) No 361/2012 of 25 April 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.4.2012

               EN

               Official Journal of the European Union

               L 114/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 361/2012
   of 25 April 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 April 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  JO

                  98,8

                  MA

                  58,7

                  TN

                  124,7

                  TR

                  110,1

                  ZZ

                  98,1

                  0707 00 05

                  JO

                  216,8

                  TR

                  148,3

                  ZZ

                  182,6

                  0709 93 10

                  TR

                  140,2

                  ZZ

                  140,2

                  0805 10 20

                  EG

                  58,5

                  IL

                  77,3

                  MA

                  52,8

                  TR

                  50,5

                  ZZ

                  59,8

                  0805 50 10

                  TR

                  58,4

                  ZZ

                  58,4

                  0808 10 80

                  AR

                  94,2

                  BR

                  81,0

                  CA

                  117,0

                  CL

                  95,1

                  CN

                  119,8

                  MK

                  31,8

                  NZ

                  125,7

                  US

                  153,6

                  ZA

                  85,5

                  ZZ

                  100,4

                  0808 30 90

                  AR

                  96,4

                  CL

                  114,1

                  CN

                  81,7

                  US

                  107,0

                  ZA

                  109,2

                  ZZ

                  101,7

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


title: Commission Implementing Regulation (EU) No 946/2014 of 4 September 2014 amending Council Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 265/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 946/2014
   of 4 September 2014
   amending Council Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (the basic Regulation) (1), and in particular Article 11(4) thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Previous investigations and existing anti-dumping measures

               (1)

               In July 2005, by Regulation (EC) No 1174/2005 (2) the Council imposed a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (the PRC). The measures consisted of an ad valorem anti-dumping duty ranging between 7,6 % and 46,7 %.

               (2)

               In July 2008, by Regulation (EC) No 684/2008 (3) the Council, following a product scope interim review, clarified the product scope of the original investigation.

               (3)

               In June 2009, by Regulation (EC) No 499/2009 (4) the Council, following an anti-circumvention investigation, extended the definitive anti-dumping duty applicable to ‘all other companies’ imposed by Regulation (EC) No 1174/2005 to hand pallet trucks and their essential parts consigned from Thailand whether declared as originating in Thailand or not.

               (4)

               In October 2011, by Implementing Regulation (EU) No 1008/2011 (5), the Council imposed a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the PRC following an expiry review pursuant to Article 11(2) of the basic Regulation. The extended duty as mentioned in recital 3 above was also maintained by Implementing Regulation (EU) No 1008/2011.

               (5)

               The measures currently in force are an anti-dumping duty imposed by Council Implementing Regulation (EU) No 1008/2011 following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (the expiry review investigation) as amended by Council Implementing Regulation (EU) No 372/2013 (6) following an interim review pursuant to Article 11(3) of the basic Regulation (the interim review investigation). The duty rate on imports into the Union of hand pallet trucks and their essential parts originating in the People's Republic of China (‘the country concerned’ or ‘the PRC’) is currently 70,8 %. The measures are also applicable to imports of hand pallet trucks and their essential parts consigned from Thailand whether declared as originating in Thailand or not pursuant to Council Regulation (EC) No 499/2009 following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation.

         1.2.   Request for a review

               (6)

               The European Commission (the Commission) received a request for a ‘new exporter’ review under Article 11(4) of the basic Regulation. The request was lodged on 3 May 2013 by Ningbo Logitrans Handling Equipment Co., Ltd (the applicant), an exporting producer of hand pallet trucks and their essential parts in the PRC.

               (7)

               The applicant claimed that it operated under market economy conditions as defined in Article 2(7)(c) of the basic Regulation.

               (8)

               It further claimed that it did not export hand pallet trucks and their essential parts to the Union during the investigation period on which the anti-dumping measures were based, namely from 1 April 2003 to 31 March 2004 (‘the investigation period of original investigation’). It claimed that it did not export the product concerned also during the investigation period of the subsequent interim review investigation, namely from 1 January 2011 to 31 December 2011.

               (9)

               Furthermore, the applicant claimed that it was not related to any of the exporting producers of hand pallet trucks and their essential parts which were subject to the above-mentioned anti-dumping measures.

               (10)

               The applicant further claimed that it begun exporting the hand pallet trucks and their essential parts to the Union after the end of the original investigation period and the investigation period of the subsequent interim review investigation.

         1.3.   Initiation of a new exporter review

               (11)

               The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Union industry concerned was given the opportunity to comment, the Commission initiated a review in accordance with Article 11(4) of the basic Regulation by Commission Regulation (EU) No 32/2014 (7).

               (12)

               Pursuant to Article 2 of Regulation (EU) No 32/2014, the anti-dumping duty imposed by Council Implementing Regulation (EU) No 1008/2011 as amended by Council Implementing Regulation (EU) No 372/2013 was repealed with regard to imports of hand pallet trucks and their essential parts produced and sold for exports to the Union by the applicant. Simultaneously, pursuant to Article 3 of Regulation (EU) No 32/2014, customs authorities were directed to take appropriate steps to register such imports.

               (13)

               Regulation (EU) No 32/2014 determined that if the investigation would show that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable under Article 1(2) of Implementing Regulation (EU) No 1008/2011 as amended by Implementing Regulation (EU) No 372/2013.

         1.4.   Product concerned

               (14)

               The product concerned is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427900011 and 8427900019) and ex 8431 20 00 (TARIC codes 8431200011 and 8431 20 20 019) and originating in the PRC (the product concerned).

         1.5.   Parties concerned

               (15)

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

               (16)

               The Commission sought and verified all the information it deemed necessary for the determination of the new exporter status, market economy conditions and dumping. The Commission sent a market economy treatment claim form and a questionnaire to the applicant and its related companies and received a reply within the deadlines set for that purpose. Verification visits were carried out at the premises of the applicant and the related company in Denmark, Logitrans A/S.

         1.6.   Review investigation period

               (17)

               The review investigation period for the determination of dumping covered the period from 1 July 2012 to 31 December 2013 (review investigation period).

         2.   INVESTIGATION

   2.1.   New exporter qualification

               (18)

               The investigation confirmed that the applicant did not export the product concerned during both the investigation period of the original investigation, namely from 1 April 2003 to 31 March 2004, and the investigation period of the subsequent interim review, namely from 1 January to 31 December 2011, and that it started to export to the Union after these periods.

               (19)

               The applicant was furthermore able to demonstrate that it did not have any links, direct or indirect, with any of the Chinese exporting producers subject to the anti-dumping measures in force with regard to the product concerned.

               (20)

               Accordingly, it is confirmed that the applicant should be considered a‘new exporter’ in accordance with Article 11(4) of the basic Regulation, and thus an individual margin should be determined for it.

         2.2.   Market Economy Treatment (MET)

               (21)

               Pursuant to Article 2(7)(b) of the basic Regulation the Commission determines normal value in accordance with Article 2(1) to (6) of that Regulation for the exporting producers in the PRC which comply with the criteria in Article 2(7)(c) of that Regulation and could therefore be granted MET.

               (22)

               The applicant is a privately owned company, wholly owned by a company whose direct shareholders are companies in the European Union. Daily business decisions are taken by the executive director who is a citizen of the Euroepan Union and also a member of the board of directors. Major business decisions are taken by board of shareholders. There was neither the presence of any State related official, nor any other State interference by the PRC in the decision making.

               (23)

               Next, the main input for manufacturing hand pallet trucks and their essentail parts in the case of the applicant were semi-finished metal parts from hot rolled carbon steel purchased from various suppliers in the PRC, that is to say already processed into parts hot rolled carbon steel.

               (24)

               Based on publicly available information (8) it was established that the prices of the processed metal parts paid by the applicant were sufficiently high to reflect steel prices on the international market and the added value for the processing of the hot rolled steel into semi-finished metal parts. As a result, the distortion of unprocessed steel prices in the PRC established during the interim review investigation (9) was not found to be carried over in the prices of the processed metal parts paid by the applicant in this case.

               (25)

               On the basis of the above, it was thus concluded that the applicant demonstrated that it fulfilled criterion 1 under Article 2(7)(c) of the basic Regulation.

               (26)

               In the next place, the applicant had one clear set of basic accounting records which were independently audited in line with international accounting standards and are applied for all purposes. It was thus concluded that the applicant demonstrated that it fulfilled criterion 2 under Article 2(7)(c) of the basic Regulation.

               (27)

               In the next place, the applicant did not have any loans from Chinese financial institutions nor any loans that were not granted under market conditions as regards guarantees, interest rate and other conditions. There were no indications of any other distortions or advantages related to the location or premises or any other State interference in the operation of the applicant. Neither was the applicant considered as a high tech company so that it could potentially receive any State benefit in that capacity. It was thus concluded that the applicant demonstrated that it fulfilled criterion 3 under Article 2(7)(c) of the basic Regulation.

               (28)

               In the next place, the applicant was found to be subject to the relevant Chinese bankruptcy and property laws, the application of which is designed to guarantee legal certainty and stability for the operation of firms. There were no indications that these laws would not be applicable and implemented for the applicant. It was thus concluded that the applicant demonstrated that it fulfilled criterion 4 under Article 2(7)(c) of the basic Regulation.

               (29)

               Last, the investigation did not reveal any restrictions concerning the use and conversion of foreign currency. The applicant's foreign exchange transactions were conducted according to market rates and it was able to freely dispose of the usage of its own funds. It was thus concluded that the applicant demonstrated that it fulfilled criterion 5 under Article 2(7)(c) of the basic Regulation.

               (30)

               On the basis of the above findings, it was concluded that the applicant could be granted MET so that its normal value would be determined in accordance with Article 2(1) to (6) of the basic Regulation.

               (31)

               The Commission disclosed the results of the MET analysis to the applicant, the authorities of the PRC and the Union industry and gave them the opporunity to provide comments.

               (32)

               The Union industry claimed that the international steel price based on publicly available information (see recital 24 above) is not a suitable basis for comparison since the prices paid by smaller operators in the steel market would be at least 20 % above the international referece prices. The Union industry further claimed that the price paid for processed metal parts used in the production of hand pallet trucks in the Union would be far above the prices paid by the applicant which in itself would indicate that the price paid by the applicant for such parts would be distorted.

               (33)

               International reference prices were also used as a basis of comparison in the interim review investigation and no adjustments were made to these prices (10). Indeed, as any premium paid over the international reference prices would depend on individual factors specific to each operator in the market, there is no objective basis to make a general adjustment for an alleged mark up. The claim that international reference prices should be adjusted was therefore rejected.

               (34)

               As regards the price paid for processed metal parts used in the production of hand pallet trucks in the Union, the supporting evidence submitted by the Union industry could not demonstrate that the price paid by the applicant for such parts would be distorted. This was because, as described in recital 33 above, any premium paid over the international reference prices would depend on individual factors specific to each operator in the market, hence there is no objective basis to make a general adjustment for an alleged mark up. Moreover, the evidence submitted showed a significant number of other factors affecting the price of such metal parts apart from the steel prices which did not allow any conclusion as to the appropriate level of such parts which could be used as a benchmark. Therefore, the argument that prices paid for processed metal parts in the Union would indicate that the price paid by the applicant for such parts would be distorted was rejected.

               (35)

               The Union industry also argued that the prices of steel in the PRC are subsidised and generally distorted and that this fact in itself would be sufficient to consider prices of further processed metal parts in the PRC also to be distorted.

               (36)

               According to the jurisprudence of the General Court whilst the Commission can rely on macroeconomic considerations such as raw material price distortions at industry/sector level, the MET determination must be made individually for each company, that is to say assessing whether the prices paid by the individual company for its input reflect market values (11). Furthermore, it was also clarified that the Commission may compare the Chinese domestic average prices of the raw material, with the average international prices in order to determine whether MET should be granted on this ground (12).

               (37)

               As explained in recital 24 it was established that the observed price distortions in the market of unprocessed steel in the PRC were not found to be carried over in the prices of the processed metal parts paid by the applicant. This approach is in line with the jurisprudence as it considers the individual situation of the applicant and the argument of the Union industry in this regard was therefore rejected.

               (38)

               Finally, the Union industry claimed that attributing an individual anti-dumping margin to the applicant would consitute a high risk of circumvention as the applicant already purchased hand pallet trucks from another supplier in the PRC and re-exported them to the Union.

               (39)

               The claim for an increased risk of circumvention was not supported by any evidence. In particular, the applicant was found not to be related to the supplier in question or to any other supplier in the PRC. The investigation did therefore not confirm any increased risk of circumvention in this specific case. Finally, the risk of circumvention per se is not a criterion mentioned in Article 2(7)(c) of the basic Regulation and it is therefore not relevant in the determination whether a company qualifies for MET. Consequently, this argument was rejected.

               (40)

               Following disclosure, the Union industry reiterated its arguments that steel prices based on publicly available information were not a suitable basis for comparison since the prices paid by smaller operators in the steel market would be above the international reference prices and also above the prices paid by the companies that were subject to the interim review investigation mentioned in recital 24 above. The Union industry also claimed that the price comparison made by the Commission referred to in recital 24 did not properly take into consideration the processing cost of the metal parts.

               (41)

               The claims made by the Union industry were however not supported by any furher evidence. Therefore, it was considered that these comments were merely reiteration of the earlier arguments already addressed in recitals 32 to 37 above and they were rejected.

         2.3.   Dumping

      Normal value

               (42)

               The Commission first examined whether the applicant's total domestic sales volume of the like product to independent customers on the domestic market was representative, namely whether the total volume of such sales represented at least 5 % of its total export sales volume of the product concerned to the Union during the review investigation period in accordance with Article 2(2) of the basic Regulation. The Commission found that the overall sales of the like product on the domestic market were not representative as they were below the 5 % threshold.

               (43)

               Since there were no representative domestic sales volume, the Commission constructed normal value in accordance with Article 2(3) and (6) of the basic Regulation.

               (44)

               Normal value was constructed by adding to the average cost of production during the review investigation period the weighted average selling, general and administrative (SG&A) expenses incurred and the weighted average profit realised by the applicant on domestic sales of the like product, in the ordinary course of trade, during the review investigation period.

      Export price

               (45)

               The applicant exported hand pallet trucks but also their essential parts (hydraulics) which are also product concerned. Exports of hydraulics were of relatively low value and volume during the review investigation period. In addition, the hydraulics were not resold to independent customers by the related company in the Union. Instead, they were used exclusively for the production of hand pallet trucks by the related company in the Union which then sold the finished product (hand pallet trucks) on the Union market. Consequently, there was no resale price for hydraulics. Moreover, since the present review concerns only one company, there was no other data available on the basis of which a resale price of hydraulics could be reasonably established. In light of that, no export price was established for the hydraulics. In agreement with the applicant, the export price established for the hand pallet trucks was considered to be representative for the essential parts, and it was thus used.

               (46)

               Export sales were made via the related importer in the Union who resold the product further to independent customers in the Union. Therefore, the export price was established in accordance with Article 2(9) of the basic Regulation on the basis of the price at which the imported product was first resold to independent customers in the Union by deducting all costs, incurred between importation and re-sale (SG&A) and a reasonable profit margin. Actual SG&A of the related importer were used. As regards the reasonable profit margin, in the absence of any other information available, an estimated profit margin of 5 % was used.

               (47)

               Following disclosure the applicant contested the level of the SG&A related to the sales of the product concerned established during the investigation claiming that higher costs incurred when selling other products should not be attributed to the product concerned. This claim contradicted the verified data. The applicant was also not able to provide an alternative cost allocation, nor any evidence that would support its claim which was therefore rejected.

               (48)

               Following disclosure, the applicant claimed that despite the relationship between the exporter and the related importer in the Union, the export prices were at arm's length and they should not be considered unreliable. Therefore, the applicant considered that the export price should be established in accordance with the Article 2(8) of the basic Regulation as the price paid by the related importer.

               (49)

               The evidence provided by the applicant did not support the claim that the price was established at arm's length. Thus, the transfer price between the related companies was not at a level to allow the related importer to make a reasonable profit in the Union. The Commission therefore concluded that the internal transfer price did not reflect the appropriate market value of the product concerned and this claim was rejected.

               (50)

               Alternatively, also following disclosure the applicant claimed that the anti-dumping duties paid were duly reflected in resale prices and the subsequent selling prices in the Union and, therefore, when constructing the export price the amount for anti-dumping duties paid should not be deducted in line with Article 11(10) of the basic Regulation.

               (51)

               The evidence provided by the applicant could not, however, demonstrate that the anti-dumping duties were duly reflected in resale prices and the subsequent selling prices in the Union. The evidence suggested a very minimal increase that even occurred after the investigation period. Therefore, this claim was rejected.

      Comparison

               (52)

               The normal value and the export price were compared on an ex-works basis. For the purpose of ensuring a fair comparison, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments were made for freight, packing expenses and import charges, inluding the custom duties (4 %) and anti-dumping duties (46,7 % and 70,8 %, imposed by Implementing Regulation (EU) No 1008/2011 and amended by Implementing Regulation (EU) No 372/2013 respectively) directly on the export price in all cases where demonstrated for differences affecting price comparability. The aforementioned freight and packing expenses are, in accordance with the Article 19 of the basic Regulation, considered as confidential information. However, this information was verified by the Commission and it was found not to deviate from the usual levels.

               (53)

               Following disclosure the applicant made a claim for a level of trade adjustment based on an alleged difference between sales on the domestic market and on the export market. The applicant claimed that sales on the domestic market were all made to end-users while sales in the Union were made to dealers or importers. The applicant claimed that a special adjustment should be made under Article 2(10)(d)(ii) of the basic Regulation.

               (54)

               The applicant provided no new or additional information to support its claim. On the basis of the information collected and verified during the investigation it could not be established that the discounts to dealers and importers were linked to a difference in sales functions. Therefore, it could not be demonstrated that the alleged difference in the level of trade had an impact on the sales prices and affected price comparability. On this basis, the claim was rejected.

      Dumping margin

               (55)

               In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of a weighted average normal value with the weighted average of export price as established above.

               (56)

               The comparison showed existence of dumping at a level of 54,1 %, expressed as a percentage of the Cost, Insurance and Freight (CIF) Union-frontier price, duty unpaid.

         3.   AMENDMENT OF THE MEASURES BEING REVIEWED

               (57)

               The dumping margin as established was below the country-wide injury elimination level which was established for the PRC in the original investigation referred to in recital 1 above. A duty based on the dumping margin should therefore be imposed on imports of hand pallet trucks and their essential parts produced by Ningbo Logitrans Handling Equipment Co., Ltd and Implementing Regulation (EU) No 372/2013 should be amended accordingly.

         4.   REGISTRATION

               (58)

               In the light of the above findings, the anti-dumping duty as established should be levied retroactively on imports of the product concerned which were made subject to registration pursuant to Article 3 of Regulation (EU) No 32/2014.

         5.   DISCLOSURE AND DURATION OF THE MEASURES

               (59)

               The parties concerned were informed of the essential facts and considerations on the basis of which it was intended to impose on imports hand pallet trucks and their essential parts from the applicant an amended anti-dumping duty and to levy this duty retroactively on imports made subject to registration. Their comments were considered and taken into account were appropriate.

               (60)

               This review does not affect the date on which the measures imposed by Implementing Regulation (EU) No 1008/2011 as amended by Implementing Regulation (EU) No 372/2013 will expire pursuant to Article 11(2) of the basic Regulation.

               (61)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   In Article 1 of Council Implementing Regulation (EU) No 372/2013, which replaces Article 1(2) of Council Implementing Regulation (EU) No 1008/2011, the following shall be inserted into the table regarding the People's Republic of China:

               Company

               Rate of duty
               (%)

               TARIC additional code

               Ningbo Logitrans Handling Equipment Co., Ltd

               54,1 %

               A070

         2.   The duty hereby imposed shall also be levied retroactively on imports of the product concerned which have been registered pursuant to Article 3 of Regulation (EU) No 32/2014.
   The customs authorities are hereby directed to cease the registration of imports of the product concerned produced by Ningbo Logitrans Handling Equipment Co., Ltd
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   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, 4 September 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Council Regulation (EC) No 1174/2005 of 18 July 2005 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (OJ L 189, 21.7.2005, p. 1).

      (3)  Council Regulation (EC) No 684/2008 of 17 July 2008 clarifying the scope of the anti-dumping measures imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (OJ L 192, 19.7.2008, p. 1).

      (4)  Council Regulation (EC) No 499/2009 of 11 June 2009 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People's Republic of China to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not (OJ L 151, 16.6.2009, p. 1).

      (5)  Council Implementing Regulation (EU) No 1008/2011 of 10 October 2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 268, 13.10.2011, p. 1).

      (6)  Council Implementing Regulation (EU) No 372/2013 of 22 April 2013 amending Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 112, 24.4.2013, p. 1).

      (7)  Commission Regulation (EU) No 32/2014 of 14 January 2014 initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China as amended by Council Implementing Regulation (EU) No 372/2013, repealing the duty with regard to imports of one exporter in this country and making such imports subject to registration (OJ L 10, 15.1.2014, p. 11).

      (8)  Worldsteelprices.com — by Management Engineering & Production Services (MEPS) International Ltd

      (9)  The interim review investigation found that steel prices paid by the cooperating exporting producer in the PRC were significantly distorted and that they did not correspond to international prices, see recital 20 of Regulation (EU) No 372/2013.

      (10)  See recitals 20 to 28 of Implementing Regulation (EU) No 372/2013.

      (11)  Judgment of the General Court of 10 October 2012 in case T-150/09 Ningbo Yonghong Fasteners v Council/Judgement of 10 October 2012 (§ 117).

      (12)  Judgment of the General Court of 10 October in case T-150/09 Ningbo Yonghong Fasteners v Council (§§ 81-95).


title: Commission Implementing Regulation (EU) No 876/2012 of 25 September 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.9.2012

               EN

               Official Journal of the European Union

               L 258/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 876/2012
   of 25 September 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 September 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  57,9

                  XS

                  46,1

                  ZZ

                  52,0

                  0707 00 05

                  MK

                  13,4

                  TR

                  126,8

                  ZZ

                  70,1

                  0709 93 10

                  TR

                  115,6

                  ZZ

                  115,6

                  0805 50 10

                  AR

                  93,8

                  CL

                  98,0

                  TR

                  96,0

                  UY

                  67,7

                  ZA

                  89,9

                  ZZ

                  89,1

                  0806 10 10

                  MK

                  37,9

                  TR

                  129,5

                  ZZ

                  83,7

                  0808 10 80

                  BR

                  89,7

                  CL

                  87,3

                  NZ

                  128,4

                  US

                  181,6

                  ZA

                  108,5

                  ZZ

                  119,1

                  0808 30 90

                  CN

                  99,9

                  TR

                  113,8

                  ZA

                  144,5

                  ZZ

                  119,4

                  0809 30

                  TR

                  150,2

                  ZZ

                  150,2

                  0809 40 05

                  IL

                  60,4

                  XS

                  74,4

                  ZZ

                  67,4

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


title: Commission Implementing Regulation (EU) No 1003/2011 of 11 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               12.10.2011

               EN

               Official Journal of the European Union

               L 267/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 1003/2011
   of 11 October 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 12 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 October 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  58,3

                  EC

                  36,3

                  MA

                  52,9

                  MK

                  58,0

                  ZZ

                  51,4

                  0707 00 05

                  AL

                  65,0

                  MK

                  64,2

                  TR

                  120,0

                  ZZ

                  83,1

                  0709 90 70

                  TR

                  119,5

                  ZZ

                  119,5

                  0805 50 10

                  AR

                  67,7

                  BR

                  38,2

                  CL

                  60,5

                  TR

                  64,9

                  UY

                  57,5

                  ZA

                  83,4

                  ZZ

                  62,0

                  0806 10 10

                  BR

                  246,3

                  CL

                  79,6

                  MK

                  85,4

                  PE

                  228,3

                  TR

                  113,9

                  US

                  275,5

                  ZA

                  65,0

                  ZZ

                  156,3

                  0808 10 80

                  CL

                  83,9

                  CN

                  80,0

                  NZ

                  120,9

                  ZA

                  84,9

                  ZZ

                  92,4

                  0808 20 50

                  CL

                  85,4

                  CN

                  42,4

                  TR

                  107,9

                  ZA

                  60,3

                  ZZ

                  74,0

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


title: Commission Implementing Regulation (EU) 2015/2079 of 18 November 2015 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine

text:
               19.11.2015

               EN

               Official Journal of the European Union

               L 302/71

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2079
   of 18 November 2015
   opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a), (c) and (d) of Article 187 thereof,
   Whereas:

               (1)

               By Council Decision 2014/668/EU (2), the Council authorised the signing, on behalf of the European Union, and provisional application, of the Association Agreement between the European Union and its Member States, of the one part, and the Ukraine, of the other part (‘the Agreement’). That Agreement provides for the elimination of customs duties on imports of goods originating in Ukraine in accordance with its Annex I-A to Chapter I. The Appendix to that Annex provides for a Union tariff quota for beef and veal.

               (2)

               Pending the entry into force of the Agreement, in accordance with Regulation (EU) No 374/2014 of the European Parliament and of the Council (3), the import tariff quota for beef and veal for 2014 and 2015 was opened and managed in accordance with Commission Implementing Regulation (EU) No 411/2014 (4).

               (3)

               The Agreement will be provisionally applied as of 1 January 2016. It is therefore necessary to open annual import tariff quota periods from 1 January 2016 onwards. In order to give due weight to the supply requirements of the existing and emerging production, processing and consumption market in the Union beef and veal sector in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market, it is appropriate that those quotas are administered by the Commission in accordance with Article 184(2)(b) of Regulation (EU) No 1308/2013.

               (4)

               Article 6(3) of Commission Regulation (EC) No 1301/2006 (5) provides that the Commission Regulations governing a given import tariff quota may provide for the application of a system according to which the quotas are managed by attributing import rights as a first step and issuing import licences as a second. Such a system would allow operators that have obtained import rights to decide, during the quota period and based upon their actual trade flows, at what moment they wish to apply for import licences.

               (5)

               Commission Regulation (EC) No 376/2008 (6) and Commission Regulation (EC) No 382/2008 (7) lay down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products and on application for import and export licences in the beef and veal sector, respectively. Those Regulations should apply to import licences issued in accordance with this Regulation, save where derogations are appropriate.

               (6)

               Furthermore, the provisions of Regulation (EC) No 1301/2006 which concern applications for import rights, the status of applicants and the issue of import licences should apply to import licences issued pursuant to this Regulation, without prejudice to additional conditions laid down in this Regulation.

               (7)

               For appropriate administration of the tariff quotas, a security should be lodged at the time of submission of an import rights application.

               (8)

               Operators should be obliged to apply for import licences for all the import rights allocated, respecting the obligation referred to in Article 23(1) of Commission Delegated Regulation (EU) No 907/2014 (8).

               (9)

               Commission Implementing Regulation (EU) No 1001/2013 (9) has replaced some CN codes in Annex I to Council Regulation (EEC) No 2658/87 (10) by new CN codes which now differ from those referred to in the Appendix to Annex I-A to Chapter I of the Agreement. The new CN codes should therefore be reflected in Annex I to this Regulation.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Opening and management of a tariff quota
   1.   This Regulation opens and manages, from 2016, an annual import tariff quota for the products indicated in Annex I, for the period from 1 January until 31 December.
   2.   The quantity of products covered by the quota referred to in paragraph 1, the applicable rate of customs duty and the order numbers shall be as set out in Annex I.
   3.   The import tariff quota referred to in paragraph 1 shall be managed in accordance with the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013 and by attributing import rights as a first step and issuing import licences as a second step.
   4.   Regulations (EC) No 1301/2006, (EC) No 376/2008 and (EC) No 382/2008 shall apply, unless otherwise provided for in this Regulation.
   Article 2
   Import tariff quota periods
   The quantity of the products set for the annual import tariff quota for the order number set out in Annex I shall be subdivided into four subperiods, as follows:

               (a)

               25 % from 1 January to 31 March;

               (b)

               25 % from 1 April to 30 June;

               (c)

               25 % from 1 July to 30 September;

               (d)

               25 % from 1 October to 31 December.

         Article 3
   Import rights applications and allocation of import rights
   1.   Applications for import rights shall be submitted in the first seven days of the month preceding each of the subperiods referred to in Article 2.
   2.   A security of EUR 6 per 100 kilograms net weight shall be lodged at the time of submission of an import rights application.
   3.   Applicants for import rights shall, when presenting their first application for a given quota year, submit the proof that a quantity of beef falling under CN codes 0201 or 0202 has been imported by them or on their behalf under the relevant customs provisions (‘the reference quantity’). Such proof shall relate to the 12 months' period ending 1 month before their first application. A company formed by the merger of companies, each having imported reference quantities, may use those reference quantities as basis for its application.
   4.   The total quantity of products covered by an application for import rights submitted in one of the subperiods referred to in Article 2 shall not exceed 25 % of the applicant's reference quantity. A competent authority shall reject applications not complying with this rule.
   5.   Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities, including nil returns, of all applications, expressed in kilograms of product weight.
   6.   Import rights shall be awarded as from the 23rd day of the month in which applications are submitted and at the latest by the last day of that month.
   7.   Where the application of the allocation coefficient referred to in Article 7(2) of Regulation (EC) No 1301/2006 results in fewer import rights to be allocated than had been applied for, the security lodged in accordance with Article 3(2) of this Regulation shall be released proportionally without delay.
   8.   Import rights shall be valid from the first day of the subperiod for which the application has been submitted until the end of the annual quota period. Import rights shall not be transferable.
   Article 4
   Import licence applications and allocation of import licences
   1.   The release into free circulation of the quantities awarded under the import tariff quota referred to in Article 1(1) shall be subject to the presentation of an import licence.
   2.   Import licence applications shall cover the total quantity of import rights allocated. The obligation referred to in Article 23(1) of Delegated Regulation (EU) No 907/2014 shall be respected.
   3.   Import licence applications shall be submitted only in the Member State where the applicant has applied for and obtained import rights under the import tariff quota referred to in Article 1(1).
   4.   Each issuing of an import licence shall result in a corresponding reduction of the import rights obtained and the security lodged in accordance with Article 3(2) shall be released proportionally without delay.
   5.   Import licences shall be issued upon application by and in the name of the operator who has obtained the import rights.
   6.   Import licence applications shall refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their descriptions shall be entered in boxes 15 and 16 of the licence application and the licence respectively.
   7.   Import licence applications and import licences shall contain:

               (a)

               in box 8, the name ‘Ukraine’ as country of origin and the box ‘yes’ marked by a cross;

               (b)

               in box 20, one of the entries listed in Annex II.

         8.   Each import licence shall mention the quantity for each CN code.
   9.   By way of derogation from Article 5(3)(b) of Regulation (EC) No 382/2008, the import licences shall be valid 30 days from the actual day of issue of the licence within the meaning of Article 22(2) of Regulation (EC) No 376/2008. The term of validity of the import licences shall, however, expire on 31 December of each import tariff quota period at the latest.
   Article 5
   Notifications to the Commission
   1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission not later than the 10th day of the month following the last day of each subperiod, of the quantities, including nil returns, covered by licences they have issued during that subperiod.
   2.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities, including nil returns, covered by unused or partially used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued:

               (a)

               together with the notifications referred to in Article 3(5) of this Regulation regarding the applications submitted for the last subperiod;

               (b)

               for quantities not yet notified at the time of the first notification provided for in point (a), by 30 April following the end of each import tariff quota period at the latest.

         3.   No later than 30 April following the end of each tariff import quota period, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during that import tariff quota period.
   4.   In the case of the notifications referred to in paragraphs 1, 2 and 3, the quantity shall be expressed in kilograms of product weight.
   Article 6
   Entry into force
   This Regulation shall enter into force on the third 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, 18 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      (3)  Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).

      (4)  Commission Implementing Regulation (EU) No 411/2014 of 23 April 2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine (OJ L 121, 24.4.2014, p. 27).

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

      (6)  Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ L 114, 26.4.2008, p. 3).

      (7)  Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (OJ L 115, 29.4.2008, p. 10).

      (8)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

      (9)  Commission Implementing Regulation (EU) No 1001/2013 of 4 October 2013 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 290, 31.10.2013, p. 1).

      (10)  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 I
      Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.

                  Order number

                  CN codes

                  Description

                  Quantity in tonnes (net weight)

                  Duty applicable
                  (EUR/t)

                  09.4270

                  0201 10 00
                  0201 20 20
                  0201 20 30
                  0201 20 50
                  0201 20 90
                  0201 30 00
                  0202 10 00
                  0202 20 10
                  0202 20 30
                  0202 20 50
                  0202 20 90
                  0202 30 10
                  0202 30 50
                  0202 30 90

                  Meat of bovine animals, fresh, chilled or frozen

                  12 000

                  0

      ANNEX II

         Entries referred to in Article 4(7)(b)

                  —

                     In Bulgarian: Регламент за изпълнение (ЕC) 2015/2079

                  —

                     In Spanish: Reglamento de Ejecución (UE) 2015/2079

                  —

                     In Czech: Prováděcí nařízení (EU) 2015/2079

                  —

                     In Danish: Gennemførelsesforordning (EU) 2015/2079

                  —

                     In German: Durchführungsverordnung (EU) 2015/2079

                  —

                     In Estonian: Rakendusmäärus (EL) 2015/2079

                  —

                     In Greek: Εκτελεστικός κανονισμός (ΕΕ) 2015/2079

                  —

                     In English: Implementing Regulation (EU) 2015/2079

                  —

                     In French: Règlement d'exécution (UE) 2015/2079

                  —

                     In Croatian: Provedbena uredba (EU) 2015/2079

                  —

                     In Italian: Regolamento di esecuzione (UE) 2015/2079

                  —

                     In Latvian: Īstenošanas regula (ES) 2015/2079

                  —

                     In Lithuanian: Įgyvendinimo reglamentas (ES) 2015/2079

                  —

                     In Hungarian: (EU) 2015/2079 végrehajtási rendelet

                  —

                     In Maltese: Regolament ta' Implimentazzjoni (UE) 2015/2079

                  —

                     In Dutch: Uitvoeringsverordening (EU) 2015/2079

                  —

                     In Polish: Rozporządzenie wykonawcze (UE) 2015/2079

                  —

                     In Portuguese: Regulamento de Execução (UE) 2015/2079

                  —

                     In Romanian: Regulamentul de punere în aplicare (UE) 2015/2079

                  —

                     In Slovak: Vykonávacie nariadenie (EÚ) 2015/2079

                  —

                     In Slovene: Izvedbena uredba (EU) 2015/2079

                  —

                     In Finnish: Täytäntöönpanoasetus (EU) 2015/2079

                  —

                     In Swedish: Genomförandeförordning (EU) 2015/2079


title: Commission Implementing Regulation (EU) 2017/483 of 20 March 2017 determining the quantities to be added to the quantity fixed for the subperiod from 1 July to 30 September 2017 under the tariff quotas opened by Implementing Regulation (EU) 2015/2077 for eggs, egg products and egg albumin originating in Ukraine

text:
               21.3.2017

               EN

               Official Journal of the European Union

               L 75/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/483
   of 20 March 2017
   determining the quantities to be added to the quantity fixed for the subperiod from 1 July to 30 September 2017 under the tariff quotas opened by Implementing Regulation (EU) 2015/2077 for eggs, egg products and egg albumin originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2015/2077 (2) opened annual tariff quotas for imports of eggs and egg albumin originating in Ukraine.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 March 2017 for the subperiod from 1 April to 30 June 2017 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the next quota subperiod.

               (3)

               In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have not been lodged pursuant to Implementing Regulation (EU) 2015/2077, to be added to the subperiod from 1 July to 30 September 2017, are set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 March 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Implementing Regulation (EU) 2015/2077 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine (OJ L 302, 19.11.2015, p. 57).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 July to 30 September 2017
                  (shell egg equivalent weight in kg)

                  09.4275

                  769 500

                  09.4276

                  1 500 000


title: Commission Implementing Regulation (EU) No 294/2011 of 24 March 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               25.3.2011

               EN

               Official Journal of the European Union

               L 79/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 294/2011
   of 24 March 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
   Whereas:
   Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 25 March 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 March 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 350, 31.12.2007, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  ET

                  73,9

                  IL

                  82,8

                  JO

                  71,2

                  MA

                  53,9

                  TN

                  115,9

                  TR

                  76,5

                  ZZ

                  79,0

                  0707 00 05

                  EG

                  170,1

                  TR

                  146,1

                  ZZ

                  158,1

                  0709 90 70

                  MA

                  34,1

                  TR

                  119,3

                  ZA

                  49,8

                  ZZ

                  67,7

                  0805 10 20

                  EG

                  54,1

                  IL

                  72,6

                  MA

                  52,2

                  TN

                  48,6

                  TR

                  73,9

                  ZZ

                  60,3

                  0805 50 10

                  EG

                  66,4

                  MA

                  45,2

                  TR

                  50,5

                  ZZ

                  54,0

                  0808 10 80

                  AR

                  85,5

                  BR

                  87,7

                  CA

                  88,7

                  CL

                  88,3

                  CN

                  107,6

                  MK

                  50,2

                  US

                  141,6

                  UY

                  66,1

                  ZA

                  94,2

                  ZZ

                  90,0

                  0808 20 50

                  AR

                  90,1

                  CL

                  71,6

                  CN

                  56,3

                  US

                  142,1

                  ZA

                  96,7

                  ZZ

                  91,4

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


title: Commission Implementing Regulation (EU) No 99/2012 of 7 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.2.2012

               EN

               Official Journal of the European Union

               L 35/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 99/2012
   of 7 February 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 February 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  156,8

                  MA

                  59,6

                  TN

                  81,9

                  TR

                  119,4

                  ZZ

                  104,4

                  0707 00 05

                  EG

                  217,9

                  JO

                  137,5

                  TR

                  185,1

                  US

                  57,6

                  ZZ

                  149,5

                  0709 91 00

                  EG

                  330,9

                  ZZ

                  330,9

                  0709 93 10

                  MA

                  92,5

                  TR

                  174,2

                  ZZ

                  133,4

                  0805 10 20

                  EG

                  48,9

                  IL

                  119,1

                  MA

                  51,9

                  TN

                  52,7

                  TR

                  75,6

                  ZZ

                  69,6

                  0805 20 10

                  IL

                  139,6

                  MA

                  81,6

                  ZZ

                  110,6

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

                  CN

                  60,2

                  IL

                  90,7

                  JM

                  98,5

                  KR

                  94,1

                  MA

                  117,5

                  PK

                  55,0

                  TR

                  75,3

                  ZZ

                  84,5

                  0805 50 10

                  EG

                  46,1

                  TR

                  53,3

                  ZZ

                  49,7

                  0808 10 80

                  CA

                  130,0

                  CL

                  98,4

                  CN

                  111,9

                  MA

                  59,2

                  MK

                  31,8

                  US

                  142,9

                  ZZ

                  95,7

                  0808 30 90

                  CL

                  216,1

                  CN

                  60,2

                  US

                  122,0

                  ZA

                  130,3

                  ZZ

                  132,2

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


title: Commission Implementing Regulation (EU) No 1294/2014 of 4 December 2014 amending Regulation (EC) No 1238/95 as regards the level of the application fee and of the examination fee payable to the Community Plant Variety Office

text:
               5.12.2014

               EN

               Official Journal of the European Union

               L 349/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 1294/2014
   of 4 December 2014
   amending Regulation (EC) No 1238/95 as regards the level of the application fee and of the examination fee payable to the Community Plant Variety Office
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 113 thereof,
   After consulting the Administrative Council of the Community Plant Variety Office,
   Whereas:

               (1)

               Article 7 of Commission Regulation (EC) No 1238/95 (2) sets out provisions concerning the level of the application fee payable to the Community Plant Variety Office (‘the Office’) for the processing of applications for grant of a Community plant variety right.

               (2)

               Based on the experience gained by the Office concerning the cost linked with the processing of applications for grant of Community plant variety rights which are not valid, it is appropriate to reduce the amount of the application fee retained by the Office.

               (3)

               Article 8(1) of Regulation (EC) No 1238/95 and Annex I thereto set out the level of the fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community Plant Variety right payable to the Office, ‘the examination fee’.

               (4)

               As regards the technical examination of varieties for which material with specific components has to be used repeatedly for the production of material, experience has shown that the cost for that examination may greatly vary from one case to another. The fee for the technical examination should cover the cost for the technical examination of the variety and for each specific component of the variety. No maximum amount should therefore be fixed as regards the fee for the technical examination in such cases.

               (5)

               The experience gathered concerning the technical examination further shows that the total amount of the examination fees charged by the Office does not cover the total amount of the fees to be paid by the Office to the Examination Offices. The fees charged by the Office should, however, in principle cover the fees paid by it. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be raised. At the same time the cost groups set out in that Annex should be simplified.

               (6)

               Regulation (EC) No 1238/95 should therefore be amended accordingly.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1238/95 is amended as follows:

               (1)

               In Article 7, paragraph 7 is replaced by the following:
               ‘7.   Where the application fee is received but the application is not valid under Article 50 of the basic Regulation, the Office shall retain EUR 200 of the application fee and refund the remainder when notifying the applicant of the deficiencies found in the application.’

               (2)

               In Article 8, paragraph 1 is replaced by the following:
               ‘1.   Fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community plant variety right (examination fee) shall be paid in accordance with Annex I for each growing period started. In the case of varieties for which material with specific components has to be used repeatedly for the production of material, the examination fee laid down in Annex I shall be due in respect of such variety and in respect of each of the components for which an official description is not available and which must also be examined.’

               (3)

               Annex I is amended in accordance with 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.
   It shall apply from 1 January 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 227, 1.9.1994, p. 1.

      (2)  Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).

      ANNEX
      Annex I to Regulation (EC) No 1238/95 is replaced by the following:

            ‘ANNEX I
            Fees relating to technical examination as referred to in Article 8
            The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

                        (in EUR)

                        Cost group

                        Fee

                           Agricultural group

                        1

                        Potato

                        1 960

                        2

                        Oilseed rape

                        1 860

                        3

                        Grasses

                        2 210

                        4

                        Other agricultural species

                        1 430

                           Fruit group

                        5

                        Apple

                        3 210

                        6

                        Strawberry

                        2 740

                        7

                        Other fruit species

                        2 550

                           Ornamental group

                        8

                        Ornamental living greenhouse

                        2 140

                        9

                        Ornamental living outdoor

                        1 960

                        10

                        Ornamental non-living greenhouse

                        1 770

                        11

                        Ornamental non-living outdoor

                        1 570

                        12

                        Ornamental special

                        3 040

                           Vegetable group

                        13

                        Vegetable greenhouse

                        2 150

                        14

                        Vegetable outdoor

                        1 960’


title: Commission Implementing Regulation (EU) No 813/2012 of 12 September 2012 amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)

text:
               13.9.2012

               EN

               Official Journal of the European Union

               L 247/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 813/2012
   of 12 September 2012
   amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (1) (‘the IPA Regulation’) and in particular Article 3(3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) (2) provides for detailed rules for the implementation of the IPA Regulation.

               (2)

               By Commission Implementing Regulation (EU) No 1292/2011 (3), Regulation (EC) No 718/2007 was amended, inter alia, in order to increase the pre-financing paid by the Commission to the countries benefiting from the human resources development and the rural development components.

               (3)

               Although it was the intention of Implementing Regulation (EU) No 1292/2011 to align the specific pre-financing rules for the regional development, the human resources development and the rural development components, a textual error occurred when amending Article 160(3) of Regulation (EC) No 718/2007. This error should be corrected.

               (4)

               In addition to the correction of the textual error, the specific pre-financing rules for the regional development, the human resources development and the rural development components should be aligned further by removing the reference to Article 42(1) in Article 160(3) of Regulation (EC) No 718/2007, which is redundant.

               (5)

               The provisions laid down in this Regulation are in accordance with the opinion of the IPA Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Article 160 of Regulation (EC) No 718/2007, paragraph 3 is replaced by the following:

      ‘3.   In addition to the provisions of Article 42, payments for the pre-financing may amount to 30 % of the European Union contribution for the three most recent years of the programme concerned. Where necessary, with regard to the availability of budgetary commitment, the pre-financing may be paid in two instalments.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 210, 31.7.2006, p. 82.

      (2)  OJ L 170, 29.6.2007, p. 1.

      (3)  OJ L 329, 13.12.2011, p. 1.


title: Commission Implementing Regulation (EU) 2015/951 of 19 June 2015 establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 June 2015 and determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2015 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/951
   of 19 June 2015
   establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 June 2015 and determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2015 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 533/2007 (2) opened annual tariff quotas for imports of poultrymeat products.

               (2)

               For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 June 2015 for the subperiod from 1 July to 30 September 2015 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               The quantities covered by the applications for import licences lodged from 1 to 7 June 2015 for the subperiod from 1 July to 30 September 2015 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (4)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by the applications for import licences lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2015 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 533/2007, to be added to the subperiod from 1 October to 31 December 2015, are set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 June 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (OJ L 125, 15.5.2007, p. 9).

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

      ANNEX

                  Order No

                  Allocation coefficient — applications lodged for the subperiod from 1 July to 30 September 2015
                  (%)

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 October to 31 December 2015
                  (kg)

                  09.4067

                  1,823607

                  —

                  09.4068

                  1,838235

                  —

                  09.4069

                  0,241254

                  —

                  09.4070

                  —

                  445 250


title: Commission Implementing Regulation (EU) 2015/170 of 4 February 2015 repealing Regulation (EC) No 1135/2009 imposing special conditions governing the import of certain products originating in or consigned from China  Text with EEA relevance

text:
               5.2.2015

               EN

               Official Journal of the European Union

               L 29/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/170
   of 4 February 2015
   repealing Regulation (EC) No 1135/2009 imposing special conditions governing the import of certain products originating in or consigned from China
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
   Whereas:

               (1)

               Following the findings of high levels of melamine in infant milk, other milk products, soya and soya products and of ammonium bicarbonate intended for food and feed in China and at import into the EU, Commission Regulation (EC) No 1135/2009 (2) imposes special conditions governing the import of these products originating in or consigned from China. On the basis of that Regulation, the import of products containing milk, milk products, soya and soya products intended for the particular nutritional use of infants and young children originating in or consigned from China is prohibited. Furthermore, identity and physical checks, including sampling and analysis to control the presence of melamine, are carried out on approximately 20 % of consignments originating in or consigned from China of ammonium bicarbonate intended for food and feed and of feed and food containing milk, milk products, soya and soya products.

               (2)

               Since July 2009, only one non-compliant sample was reported by the competent authorities of the Member States. The findings in that sample, reported in 2011, slightly exceeded the maximum level of melamine in ammonium bicarbonate. As a result, it is appropriate to repeal the special conditions governing the import of infant milk, other milk products, soya and soya products and of ammonium bicarbonate intended for food and feed originating in or consigned from China.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1135/2009 is hereby repealed.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 February 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 31, 1.2.2002, p. 1.

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