title: Commission Implementing Regulation (EU) No 1279/2013 of 9 December 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Aceto balsamico tradizionale di Reggio Emilia (PDO))

text:
               11.12.2013

               EN

               Official Journal of the European Union

               L 332/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1279/2013
   of 9 December 2013
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Aceto balsamico tradizionale di Reggio Emilia (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Aceto balsamico tradizionale di Reggio Emilia’, registered under Council Regulation (EC) No 813/2000 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 December 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ L 100, 20.4.2000, p. 5.

      (3)  OJ C 172, 18.6.2013, p. 8.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.8.   Other products listed in Annex I to the Treaty (spices etc.)

      ITALY
      Aceto balsamico tradizionale di Reggio Emilia (PDO)


title: Commission Implementing Regulation (EU) 2016/144 of 3 February 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               4.2.2016

               EN

               Official Journal of the European Union

               L 28/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/144
   of 3 February 2016
   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 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),
   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, 3 February 2016.

            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)  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

                  EG

                  162,9

                  IL

                  236,2

                  MA

                  86,2

                  TN

                  85,0

                  TR

                  94,8

                  ZZ

                  133,0

                  0707 00 05

                  MA

                  85,6

                  TR

                  166,7

                  ZZ

                  126,2

                  0709 93 10

                  MA

                  46,6

                  TR

                  143,2

                  ZZ

                  94,9

                  0805 10 20

                  EG

                  49,2

                  MA

                  60,2

                  TN

                  45,6

                  TR

                  53,9

                  ZZ

                  52,2

                  0805 20 10

                  IL

                  131,8

                  MA

                  76,3

                  TR

                  102,3

                  ZZ

                  103,5

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

                  EG

                  72,6

                  IL

                  143,3

                  MA

                  122,8

                  TR

                  71,9

                  ZZ

                  102,7

                  0805 50 10

                  TR

                  99,4

                  ZZ

                  99,4

                  0808 10 80

                  CL

                  86,9

                  US

                  161,8

                  ZZ

                  124,4

                  0808 30 90

                  CL

                  224,0

                  CN

                  69,1

                  TR

                  200,0

                  ZA

                  96,0

                  ZZ

                  147,3

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 892/2011 of 6 September 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               7.9.2011

               EN

               Official Journal of the European Union

               L 230/67

         COMMISSION IMPLEMENTING REGULATION (EU) No 892/2011
   of 6 September 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 7 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 September 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AR

                  33,3

                  EC

                  32,6

                  MK

                  49,0

                  ZZ

                  38,3

                  0707 00 05

                  AR

                  24,2

                  TR

                  113,1

                  ZZ

                  68,7

                  0709 90 70

                  AR

                  40,2

                  EC

                  39,5

                  TR

                  115,1

                  ZZ

                  64,9

                  0805 50 10

                  AR

                  70,0

                  CL

                  78,3

                  MX

                  39,8

                  PY

                  33,5

                  TR

                  66,0

                  UY

                  65,8

                  ZA

                  78,3

                  ZZ

                  61,7

                  0806 10 10

                  EG

                  156,2

                  IL

                  80,3

                  MA

                  175,2

                  TR

                  115,7

                  ZA

                  59,8

                  ZZ

                  117,4

                  0808 10 80

                  CL

                  79,6

                  CN

                  78,7

                  NZ

                  103,6

                  US

                  82,4

                  ZA

                  88,0

                  ZZ

                  86,5

                  0808 20 50

                  CN

                  74,0

                  TR

                  124,8

                  ZA

                  72,6

                  ZZ

                  90,5

                  0809 30

                  TR

                  140,2

                  ZZ

                  140,2

                  0809 40 05

                  BA

                  41,6

                  KE

                  58,0

                  ZZ

                  49,8

         (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 507/2012 of 14 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               15.6.2012

               EN

               Official Journal of the European Union

               L 154/22

         COMMISSION IMPLEMENTING REGULATION (EU) No 507/2012
   of 14 June 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, 14 June 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

                  AL

                  55,3

                  MK

                  45,6

                  TR

                  43,1

                  ZZ

                  48,0

                  0707 00 05

                  MK

                  26,2

                  TR

                  114,4

                  ZZ

                  70,3

                  0709 93 10

                  TR

                  99,6

                  ZZ

                  99,6

                  0805 50 10

                  AR

                  106,6

                  BO

                  105,1

                  TR

                  107,0

                  ZA

                  105,2

                  ZZ

                  106,0

                  0808 10 80

                  AR

                  111,8

                  BR

                  87,8

                  CH

                  68,9

                  CL

                  99,3

                  NZ

                  136,4

                  US

                  170,1

                  UY

                  61,9

                  ZA

                  104,5

                  ZZ

                  105,1

                  0809 10 00

                  TR

                  193,3

                  ZZ

                  193,3

                  0809 29 00

                  TR

                  411,8

                  ZZ

                  411,8

                  0809 40 05

                  ZA

                  300,5

                  ZZ

                  300,5

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


title: Commission Implementing Regulation (EU) 2015/2175 of 24 November 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               25.11.2015

               EN

               Official Journal of the European Union

               L 307/23

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2175
   of 24 November 2015
   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 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),
   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, 24 November 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)  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

                  66,1

                  MA

                  79,5

                  ZZ

                  72,8

                  0707 00 05

                  AL

                  78,9

                  MA

                  96,4

                  TR

                  143,5

                  ZZ

                  106,3

                  0709 93 10

                  AL

                  59,9

                  MA

                  69,6

                  TR

                  167,3

                  ZZ

                  98,9

                  0805 20 10

                  MA

                  87,2

                  ZZ

                  87,2

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

                  TR

                  60,8

                  ZZ

                  60,8

                  0805 50 10

                  AR

                  61,0

                  TR

                  97,2

                  ZZ

                  79,1

                  0808 10 80

                  AU

                  166,8

                  CA

                  159,7

                  CL

                  85,1

                  MK

                  36,9

                  NZ

                  173,1

                  US

                  107,0

                  ZA

                  166,3

                  ZZ

                  127,8

                  0808 30 90

                  BA

                  88,1

                  CN

                  64,0

                  TR

                  124,6

                  ZZ

                  92,2

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 132/2013 of 15 February 2013 amending for the 187th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               16.2.2013

               EN

               Official Journal of the European Union

               L 45/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 132/2013
   of 15 February 2013
   amending for the 187th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 11 February 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing request submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 February 2013.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

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

         ‘Suliman Hamd Suleiman Al-Buthe (alias (a) Soliman H.S. Al Buthi, (b) Sulayman Hamad Sulayman Al Batha). Address: Riyadh, Saudi Arabia. Date of birth: 8.12.1961. Place of birth: Cairo, Egypt. Nationality: Saudi Arabian. Passport No: (a) B049614 (Saudi Arabia), (b) C 536660 (Saudi Arabia passport issued on 5.5.2001, expired on 11.5.2006). Other information: Director of the Environmental Health Department of the Municipality of Riyadh, Saudi Arabia (as at February 2010). Date of designation referred to in Article 2a (4) (b): 23.6.2004.’


title: Commission Implementing Regulation (EU) No 91/2012 of 2 February 2012 concerning the authorisation of Bacillus subtilis (CBS 117162) as a feed additive for weaned piglets and pigs for fattening (holder of authorisation Krka d.d.)  Text with EEA relevance

text:
               3.2.2012

               EN

               Official Journal of the European Union

               L 31/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 91/2012
   of 2 February 2012
   concerning the authorisation of Bacillus subtilis (CBS 117162) as a feed additive for weaned piglets and pigs for fattening (holder of authorisation Krka d.d.)
   (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the Bacillus subtilis (CBS 117162). The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of Bacillus subtilis (CBS 117162) as a feed additive for weaned piglets and pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 7 September 2011 (2) that, under the proposed conditions of use, Bacillus subtilis (CBS 117162) does not have an adverse effect on animal health, human health or the environment, and that its use can improve the weight gain in the target species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of Bacillus subtilis (CBS 117162) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  EFSA Journal 2011; 9(9):2375.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: gut flora stabilisers.

                  4b1824

                  Krka d.d.

                     Bacillus subtilis

                  (CBS 117162)

                                 Additive composition:

                              Preparation of Bacillus subtilis (CBS 117162) containing a minimum of 4 × 109 CFU/g additive (granulated form)

                                 Characterisation of the active substance:

                              Spores Bacillus subtilis (CBS 117162)

                                 Analytical method
                                  (1):

                                          Enumeration: spread plate method (EN 15787)

                                          Identification: pulsed-field gel electrophoresis (PFGE) method.

                  Piglets (weaned)
                  Pigs for fattening

                  —

                  2 × 109

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature, storage life, and stability to pelleting.

                              2.

                              For piglets (weaned) up to 35 kg.

                              3.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  23 February 2022

         (1)  Details of the analytical methods are available at the following address of the Community Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


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Commission Implementing Regulation (EU) No 658/2011 of 7 July 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

Official Journal L 180 , 08/07/2011 P. 0043 - 0044

		Commission Implementing Regulation (EU) No 658/2011of 7 July 2011establishing the standard import values for determining the entry price of certain fruit and vegetablesTHE 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 1The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.Article 2This Regulation shall enter into force on 8 July 2011.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 7 July 2011.For the Commission, On behalf of the President,José Manuel Silva RodríguezDirector-General for Agriculture and Rural Development[1] OJ L 299, 16.11.2007, p. 1.[2] OJ L 157, 15.6.2011, p. 1.--------------------------------------------------ANNEXStandard import values for determining the entry price of certain fruit and vegetables(EUR/100 kg) |CN code | Third country code [1] | Standard import value |07020000 | AL | 49,0 |MK | 26,7 |TR | 53,0 |US | 26,0 |ZZ | 38,7 |07070005 | TR | 95,0 |ZZ | 95,0 |07099070 | TR | 110,5 |ZZ | 110,5 |08055010 | AR | 66,6 |BR | 42,9 |TR | 73,2 |UY | 70,0 |ZA | 65,6 |ZZ | 63,7 |08081080 | AR | 152,5 |BR | 80,0 |CL | 91,4 |CN | 75,3 |EC | 60,7 |NZ | 110,3 |US | 123,2 |UY | 50,2 |ZA | 83,6 |ZZ | 91,9 |08082050 | AR | 105,8 |AU | 60,8 |CL | 128,5 |CN | 85,8 |NZ | 135,1 |ZA | 90,8 |ZZ | 101,1 |08091000 | TR | 250,3 |XS | 101,8 |ZZ | 176,1 |08092095 | CL | 298,8 |SY | 253,3 |TR | 282,4 |ZZ | 278,2 |[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 132/2012 of 15 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.2.2012

               EN

               Official Journal of the European Union

               L 43/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 132/2012
   of 15 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, 15 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

                  JO

                  78,3

                  MA

                  56,2

                  TN

                  76,7

                  TR

                  98,4

                  ZZ

                  77,4

                  0707 00 05

                  JO

                  134,1

                  TR

                  143,1

                  ZZ

                  138,6

                  0709 93 10

                  MA

                  85,0

                  TR

                  140,5

                  ZZ

                  112,8

                  0805 10 20

                  EG

                  47,4

                  IL

                  74,0

                  MA

                  48,6

                  TN

                  49,9

                  TR

                  68,5

                  ZZ

                  57,7

                  0805 20 10

                  IL

                  163,3

                  MA

                  115,0

                  ZZ

                  139,2

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

                  CN

                  60,1

                  EG

                  95,0

                  IL

                  114,9

                  MA

                  107,6

                  TR

                  74,7

                  ZZ

                  90,5

                  0805 50 10

                  EG

                  41,4

                  TR

                  53,6

                  ZZ

                  47,5

                  0808 10 80

                  CA

                  124,7

                  CL

                  98,4

                  CN

                  77,6

                  MK

                  26,7

                  US

                  139,8

                  ZZ

                  93,4

                  0808 30 90

                  CL

                  141,4

                  CN

                  54,9

                  US

                  121,7

                  ZA

                  129,0

                  ZZ

                  111,8

         (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) 2015/189 of 6 February 2015 fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 February 2015 under the Tunisian tariff quota and suspending the issue of import licences for the month of February 2015

text:
               7.2.2015

               EN

               Official Journal of the European Union

               L 31/23

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/189
   of 6 February 2015
   fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 February 2015 under the Tunisian tariff quota and suspending the issue of import licences for the month of February 2015
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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,
   Having regard to 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 (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Article 3(1) and (2) of Protocol No 1 (3) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (4), opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the European Union, up to the limit laid down for each year.

               (2)

               Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (5) lays down monthly quantitative limits for the issue of import licences.

               (3)

               Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of February in Article 2(2) of that Regulation.

               (4)

               In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available.

               (5)

               Since the limit for the month of February has been reached, no more import licences can be issued for that month,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications were lodged for 2 and 3 February 2015 under Article 3(1) of Regulation (EC) No 1918/2006 shall be multiplied by an allocation coefficient of 8,627503 %.
   The issue of import licences in respect of amounts applied for as from 4 February 2015 shall be suspended for February 2015.
   Article 2
   This Regulation shall enter into force on 7 February 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 February 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)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 97, 30.3.1998, p. 57.

      (4)  OJ L 97, 30.3.1998, p. 2.

      (5)  OJ L 365, 21.12.2006, p. 84.


title: Commission Implementing Regulation (EU) No 474/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications (Salmerino del Trentino (PGI))

text:
               24.5.2013

               EN

               Official Journal of the European Union

               L 138/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 474/2013
   of 7 May 2013
   entering a name in the register of protected designations of origin and protected geographical indications (Salmerino del Trentino (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

               (2)

               Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Salmerino del Trentino’ was published in the Official Journal of the European Union
                   (3).

               (3)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 May 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ C 239, 9.8.2012, p. 9.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

      ITALY
      Salmerino del Trentino (PGI)


title: Commission Implementing Regulation (EU) No 1267/2012 of 21 December 2012 fixing the import duties in the cereals sector applicable from 1 January 2013

text:
               22.12.2012

               EN

               Official Journal of the European Union

               L 356/65

         COMMISSION IMPLEMENTING REGULATION (EU) No 1267/2012
   of 21 December 2012
   fixing the import duties in the cereals sector applicable from 1 January 2013
   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 (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 1 January 2013 and should apply until new import duties are fixed and enter into force.

               (5)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 January 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   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, 21 December 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 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 January 2013

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

         (1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

         (2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      14.12.2012-20.12.2012

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              263,55

                              213,34

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              259,19

                              249,19

                              229,19

                              Gulf of Mexico premium

                              —

                              18,17

                              —

                              —

                              —

                              Great Lakes premium

                              25,89

                              —

                              —

                              —

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico-Rotterdam:

                              14,52 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              46,05 EUR/t

         (1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

         (2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) 2016/668 of 27 April 2016 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
               29.4.2016

               EN

               Official Journal of the European Union

               L 115/31

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/668
   of 27 April 2016
   amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
   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 183(b) thereof,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

               (2)

               Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

               (3)

               Regulation (EC) No 1484/95 should be amended accordingly.

               (4)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 1484/95 is replaced by the text 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, 27 April 2016.

            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)  OJ L 150, 20.5.2014, p. 1.

      (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

      ANNEX

            ‘ANNEX I

                        CN code

                        Description

                        Representative price
                        (EUR/100 kg)

                        Security under Article 3
                        (EUR/100 kg)

                        Origin (1)

                        0207 12 10

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

                        128,0

                        0

                        AR

                        0207 12 90

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

                        131,1

                        0

                        AR

                        129,3

                        0

                        BR

                        0207 14 10

                        Fowls of the species Gallus domesticus, boneless cuts, frozen

                        251,8

                        15

                        AR

                        183,6

                        38

                        BR

                        281,2

                        6

                        CL

                        220,4

                        24

                        TH

                        0207 27 10

                        Turkeys, boneless cuts, frozen

                        370,6

                        0

                        BR

                        211,8

                        26

                        CL

                        0408 91 80

                        Eggs, not in shell, dried

                        507,6

                        0

                        AR

                        1602 32 11

                        Preparations of fowls of the species Gallus domesticus, uncooked

                        190,3

                        29

                        BR

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). The code “ZZ” represents “other origins”.’


title: Council Implementing Regulation (EU) No 285/2013 of 21 March 2013 terminating the partial reopening of anti-dumping investigation concerning imports of ethanolamines originating in the United States of America and terminating the expiry review pursuant to Article 11(2) and the partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009

text:
               26.3.2013

               EN

               Official Journal of the European Union

               L 86/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 285/2013
   of 21 March 2013
   terminating the partial reopening of anti-dumping investigation concerning imports of ethanolamines originating in the United States of America and terminating the expiry review pursuant to Article 11(2) and the partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9(2) and Article 11(2) and (3) thereof,
   Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               On 2 February 1994, the Council imposed, by Regulation (EC) No 229/94 (2) (‘the original Regulation’), definitive anti-dumping duties on imports of ethanolamines (‘product concerned’) originating in the United States of America (‘USA’). On 20 July 2000 and following an expiry review investigation, these measures were extended for five years by Council Regulation (EC) No 1603/2000 (3) (the ‘first expiry review Regulation’).

               (2)

               On 23 October 2006, following the second expiry review investigation, the measures were extended for five more years by Council Regulation (EC) No 1583/2006 (4) (the ‘second expiry review Regulation’).

               (3)

               On 19 January 2010 and following a third expiry review investigation, the anti-dumping duties on imports of ethanolamines originating in the USA were imposed for two more years by Council Implementing Regulation (EU) No 54/2010 (5) (the ‘third expiry review Regulation’).

               (4)

               On 9 April 2010, The Dow Chemical Company (‘Dow Chemical’) filed an application for partial annulment of Implementing Regulation (EU) No 54/2010.

               (5)

               On 12 March 2011, the European Commission (the ‘Commission’) published a Notice of impending expiry in the Official Journal (6).

               (6)

               Following a request lodged by BASF AG, Ineos Europe AG, and Sasol Germany GmbH (the ‘Union industry’), the Commission initiated an expiry review on 21 January 2012 (the ‘fourth expiry review’) (7).

               (7)

               A partial interim review limited to dumping as regards Dow Chemical was initiated on 11 April 2012 (8).

               (8)

               Following an application lodged (9) on 9 April 2010, the General Court annulled by its judgment of 8 May 2012 in Case T-158/10 (10) (the ‘Judgment’), the third expiry review Regulation in so far as it concerns Dow Chemical.

         1.2.   Partial reopening

               (9)

               Following the Judgment, a notice (11) was published concerning the partial reopening of the third expiry review investigation concerning imports of ethanolamines originating in the USA. The reopening was limited in scope to the implementation of the Judgment as far as the determination of a likelihood of a continuation or recurrence of dumping during the review investigation period (the ‘RIP’), including the spare production capacity of ethanolamines in the USA, is concerned.

               (10)

               In that notice, parties were informed that, in view of the Judgment, imports into the European Union of ethanolamines manufactured by Dow Chemical are no longer subject to the anti-dumping duties imposed by the third expiry review Regulation and that definitive anti-dumping duties paid pursuant to that Regulation on imports of ethanolamines should be repaid or remitted in accordance with the applicable customs regulation.

               (11)

               The Commission officially advised the exporting producers, the importers and users known to be concerned and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice.

               (12)

               All parties who so requested within that time limit, and who demonstrated that there were particular reasons why they should be heard, were granted the opportunity to be heard.

               (13)

               Representations were received from two exporting producers, three Union producers and a user of the product concerned.

         2.   IMPLEMENTATION OF THE JUDGMENT

   2.1.   Preliminary remark

               (14)

               It is recalled that the reason for the annulment of the contested Regulation was the General Court’s finding that the third expiry review Regulation contained two errors of assessment: (i) a finding of continued dumping during RIP and, therefore, on that basis, a finding of a likelihood of continuation of dumping; and (ii) the determination that the spare production capacity of ethanolamines in the United States amounted to 60 000 tonnes.

         2.2.   Comments of interested parties

               (15)

               The Union industry acknowledged that the Judgment questioned the methodologies employed by the Institutions to quantify the spare capacity production in the USA. However, the Union industry maintained its position that basing the actual production capacity on 90 % of the nameplate capacity, as the institutions had done, is overly conservative as it is common and accepted for companies to exceed the nameplate capacity. Basing themselves on published market data allegedly sourced from PCI Xylenes & Polyesters (‘PCI’), they concluded that there was indeed spare capacity in 2008 and onwards.

               (16)

               Moreover, the Union industry considered that market conditions had not changed materially since the publication of the third expiry review Regulation and found several reasons to conclude that there is a likelihood of a recurrence of dumping. In this respect, it invoked the continuation of the US production capacity over domestic demand since the RIP; the material capacity expansions in third countries after 2009 which would have made US export markets increasingly self-sufficient; the existence of anti-dumping measures imposed or likely to be imposed soon in third countries; the increase of MEG (monoethylene glycol) capacity production from 2009 onwards; and the proposal in the USA to include some of the ethanolamines in the list of products with potential harmful effects to health which could ultimately have an impact in domestic consumption.

               (17)

               Dow Chemical expressed its doubts about the legality of the re-opening of the investigation, arguing that there is no specific provision in the basic Regulation allowing for that. This exporting producer also alleged that the re-opening would be in conflict with the 15-month statutory deadline set out in Article 11(5) of the basic Regulation for the completion of review investigations.

               (18)

               Dow Chemical further claimed that the Judgment would not require any implementing measure and that the Commission could not legally remedy the aspects of the contested Regulation since each of the substantive grounds that led to the adoption of the Regulation was either annulled by the General Court or contested. Dow Chemical therefore considered that the only legal way to remedy those aspects of the third expiry review Regulation would be to repeal the existing measures.

               (19)

               A user in the Union, Stepan Europe (‘Stepan’), submitted that the legal consequence of the judgment could only be that the measures imposed by the third expiry review Regulation should be withdrawn as they had been imposed on the basis of an erroneous analysis. Similar views were expressed by the exporting producer Huntsman Petrochemical Corporation LLC (‘Huntsman’). Indeed, Stepan and Huntsman argued that the Court held that, during the RIP, the country-wide dumping margin was negative and therefore no continuation of dumping could be established. Stepan considered that the institutions should hence have examined if there was a likelihood of recurrence of dumping; yet the third expiry review Regulation had been silent on this.

               (20)

               Moreover, Stepan stressed that, would the notion of continuation of dumping be interpreted on an individual company basis, the institutions should have concluded that there was no continuation of dumping for Dow Chemical as, according to the Court, the company represented more than 85 % of all imports from the USA, and therefore they should have considered whether dumping by Dow Chemical was likely to recur. For the other exporting companies, it was established that there had been dumping and therefore the institutions should have established whether dumping was likely to continue. The likelihood of continuation of dumping analysis was mainly based, according to Stepan, on a country–wide spare capacity in the USA of 60 000 tonnes. Given the Court’s finding that the institutions erred in assessing the spare capacity in the USA and given that, according to Stepan, the spare capacity was closer to at the most 8 000 tonnes, it was no longer possible to sustain that the other exporting companies were likely to continue dumping. The institutions would have needed to also analyse and establish the likelihood of recurrence of dumping.

               (21)

               Hunstman also based its analysis on the assumption that the Judgment confirmed that there was no spare capacity in the USA during the RIP and that it was therefore unlikely that an increased amount of ethanolamines would be exported into the Union on that basis. They claimed that it was therefore also not necessary to analyse other factors such as the impact of trade defence measures in third countries, the possible development of demand in the USA and in other markets or the downward pressure of prices. Moreover, Huntsman argued that, in the light of the Court’s finding of the lack of spare capacity in the USA during the RIP, it was no longer possible for the Commission to re-analyse the likelihood of recurrence of dumping and of injury and to conclude in the framework of this partial re-opening that there was a likelihood of recurrence of injurious dumping. Yet, were the Commission able to revisit the likelihood of recurrence of dumping and of injury, Huntsman considered that there would be no evidence to demonstrate that the requirements of Article 11(2) of the basic Regulation would be met. As regards the likelihood of recurrence of dumping, Huntsman opined that, on the basis of the finding that during the RIP there was no dumping for Dow Chemical, the biggest exporter by far, there was no likelihood of recurrence of dumping on a country-wide basis after the RIP if the anti-dumping duties would be withdrawn.

               (22)

               According to Huntsman, the recurrence of injury would be unlikely in view of the absence of unused production capacity which results in very little leeway for increasing exports to the Union after the RIP. Huntsman maintained that such conclusion is corroborated by the fact that, according to the SRI report (12), the expected growth of consumption in the USA does not differ significantly from that of the other markets.

               (23)

               Huntsman raised that if the Union industry would have suffered from any injury, this would have been attributed to the effects of the economic crisis and not to imports from the USA. The mere exacerbation of the negative impact of the crisis through imports could not permit a finding of a likely recurrence of injury caused by the mentioned imports.

         2.3.   Analysis of comments

               (24)

               In respect of the alleged illegality of the reopening (recitals 17-18), it is recalled that in case C-458/98 P (the ‘IPS judgment’), the Court of Justice recognised that in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of the amending Regulation in relation to one party does not imply the annulment of the entire procedure prior to the adoption of that Regulation (13). Moreover, according to Article 266 of the Treaty on the Functioning of the European Union (TFEU), the Union institutions are required to comply with the judgment. In the light of the above, the claim that there is no legal basis for the partial reopening of a review investigation was found to be unwarranted.

               (25)

               The claim that the introduction of deadlines to conclude anti-dumping investigations prevents the Commission from extending the investigation beyond the 15-months statutory limit (recital 17 above) was also found to be unwarranted. It is considered that this deadline is not relevant for the implementation of a Court judgment. Indeed, such deadline only governs the completion of the initial review investigation from the date of initiation to the date of definitive action, and does not concern any subsequent action that might have to be taken for instance as a result of judicial review. The consequence of accepting such claim would make it impossible for the institutions to take account of the General Court’s findings (as Article 266 TFEU requires). Indeed, the General Court’s judgment will always be handed down at a time when the deadline for the investigation has expired. Furthermore, it is noted that any other interpretation would mean that, for example, a successful legal action brought by one party would be without any practical effect for that party if the expiry of the time limit to conclude the original investigation would not permit the implementation of a judgment of the General Court. This would be at odds with the principle that all parties should have the right to effective judicial review.

               (26)

               Concerning the claim that the Commission would not be able to legally remedy the errors of assessment found to be contained in the contested Regulation and that the only mean to implement the judgment is to repeal the existing measures (recital 18 above), the following should be noted. The Court has already established that the annulment of a Regulation also implies the possibility of remedying the aspects of the amending Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the judgment — as was held in the IPS judgment. The institutions are therefore required to have regard not only to the operative part of the judgment but also to the grounds which led to the judgment and constitute its essential basis, in so far as they are necessary to determine the exact meaning of what is stated in the operative part (14). The procedure for replacing an illegal measure may thus be resumed (15). Hence, this claim is also considered to be unwarranted.

               (27)

               The General Court, as also noted by Stepan and Hunstman (see recital 19), found that, during the investigation that resulted in the adoption of the third expiry review Regulation, the institutions could not have come to the conclusion that dumping had continued during the RIP, nor that there was a likelihood of continuation of dumping. The vast majority of imports from the USA namely, as the Court noted, more than 85 % from Dow Chemical, had entered the Union at non-dumped prices. Moreover, that situation should have resulted in a finding that the weighted average margin for imports of the product at issue originating in the USA was negative. The Court concluded that the institutions were therefore obliged to demonstrate that there was a likelihood of a recurrence of dumping (16).

               (28)

               The analysis of the likelihood of the recurrence of dumping is in this case, as all interested parties recognise explicitly or implicitly, linked to the calculation of the spare production capacity in the USA. Some interested parties contend that the General Court confirmed that there was no significant spare capacity in the USA during the RIP. The Court found that the calculation methodology resulting in a spare production capacity of ethanolamines of 60 000 tonnes during the RIP was confusing and that the resulting number of 60 000 tonnes was in conflict with the evidence relied on in the case (17).

               (29)

               As mentioned in recital 15, the Union industry has submitted that, based on PCI data, there would be a country-wide spare capacity in 2008 exceeding 60 000 tonnes. It is however noted that, in the calculation submitted by the Union industry, the total US production capacity had been used, i.e. no downwards adjustment to 90 % thereof had been done.

               (30)

               As regards the allegations regarding the calculation of the spare capacity during the RIP, it is noted that two exporting producers cooperated with the third expiry review investigation. During that investigation, it was established that INEOS Oxide LLC (‘INEOS’) did not have any spare capacity during the RIP, whereas Dow Chemical had some. The verified information shows that Dow Chemical did not use its spare capacity to engage in low-price exports during the RIP although it could have done so given the low level of the measures when expressed at an ad valorem equivalent.

               (31)

               Moreover, the cooperating companies, Dow Chemical and INEOS, represented during the RIP together 91,6 % of exports from the US into the Union. The total exports of Dow Chemical and INEOS amounted to 30 000-35 000 tonnes; exports from non-cooperating companies were not more than 3 000-4 000 tonnes. The country-wide dumping margin during the RIP was de minimis and imports from non-cooperating companies represented less than 1 % of the Union market. For confidentiality reasons the above figures have either been given in the form of ranges or are not exact.

               (32)

               As mentioned in recital 16, the Union industry referred to various factors which would indicate that, according to them, there was still a likelihood of a recurrence of dumping after 2008. However, market conditions have not changed materially since the publication of the third expiry review Regulation. Those circumstances are also acknowledged by the Union industry. However, it should be noted that as mentioned in recitals 30 and 31, given the low level of the measures and the lack of spare capacity from INEOS as well as the absence of dumping from Dow Chemical, there is no indication that the repeal of the measure would be likely to change the situation.

               (33)

               An exporting producer commented that the third expiry review should not have concluded with Implementing Regulation (EU) No 54/2010 imposing measures. The exporting producer requested that measures be repealed with retroactive effect so that all duties paid since the date of entry into force of Implementing Regulation (EU) No 54/2010 be reimbursed to all importers who duly paid them.

               (34)

               That claim is rejected, as exporting producers other than Dow Chemical could also have brought an action for annulment against the Regulation — which was annulled only in so far as it concerned the applicant, Dow Chemical. Therefore, according to the principle of legal certainty and following the case-law of the Court (18), the Regulation became definitive as regards the other exporting producers.

         2.4.   Conclusion

               (35)

               Taking account of the comments made by parties and the analysis thereof, it was concluded that the implementation of the Judgment implies that during the investigation that resulted in the adoption of Implementing Regulation (EU) No 54/2010, the institutions could not have come to the conclusion that dumping had continued during the RIP, nor that there was a likelihood of continuation of dumping. Moreover, the institutions should also have concluded that there was no likelihood of recurrence of dumping.

               (36)

               On the basis of the above, the anti-dumping duty on ethanolamines should not have been reintroduced. With respect to Dow Chemical, it should be recalled that Implementing Regulation (EU) No 54/2010 has already been annulled in so far as Dow Chemical is concerned by the judgment of the General Court in case T-158/10. Therefore, for the sake of clarity, it should be pointed out that, with regard to imports of ethanolamines from Dow Chemical, the anti-dumping duties are no longer in force as of the date of entry into force of Implementing Regulation (EU) No 54/2010 (23 January 2010).

         3.   FOURTH EXPIRY REVIEW

               (37)

               In light of the above, and recital 35 in particular, it is considered that the fourth expiry review should be terminated without reimposing a duty. With regard to Dow Chemical, the fourth expiry review was deprived of its object by the Judgment and no legal basis exists for the collection of anti-dumping duties on imports from Dow Chemical as of 23 January 2010.

         4.   PARTIAL INTERIM REVIEW

               (38)

               Taking account of the findings summarised in recital 35 above, it is considered that the review should be terminated, since the basis for the very existence of the measures, i.e., a finding of a likelihood of continuation or recurrence of injurious dumping, is missing.

         5.   COMMENTS RECEIVED

               (39)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be terminated. They were also granted a period within which they could make representations subsequent to that disclosure. Their comments were duly considered, but were not such as to change the conclusions.

         6.   CONCLUSIONS

               (40)

               It follows from the above that the partial reopening investigation should be terminated and that the anti-dumping measures on imports of ethanolamines originating in the USA should be repealed. With respect to imports of ethanolamines from Dow Chemical, since Implementing Regulation (EU) No 54/2010 had already been annulled in so far as Dow Chemical is concerned, the measures are not in force as of the date of entry into force of Implementing Regulation (EU) No 54/2010 (23 January 2010).

               (41)

               The fourth expiry investigation concerning anti-dumping duties in force on imports of ethanolamines originating in the USA should also be terminated without reimposing a duty. With respect to imports from Dow Chemical, that expiry review has been deprived of its object.

               (42)

               The partial interim review limited in scope to the examination of dumping should be terminated on the basis of the repeal of the existing measures,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The partial reopening of the anti-dumping investigation concerning imports of ethanolamines currently falling within CN codes ex 2922 11 00 (monoethanolamine) (TARIC code 2922110010), ex 2922 12 00 (diethanolamine) (TARIC code 2922120010) and 2922 13 10 (triethanolamine), originating in the United States of America is hereby terminated without reimposing the duties, and measures are repealed.
   2.   With respect to imports from The Dow Chemical Company, no legal basis exists for the collection of anti-dumping duties on imports from The Dow Chemical Company as of 23 January 2010.
   Article 2
   The expiry review investigation of the anti-dumping investigation concerning imports of ethanolamines from all exporting producers, currently falling within CN codes ex 2922 11 00 (monoethanolamine) (TARIC code 2922110010), ex 2922 12 00 (diethanolamine) (TARIC code 2922120010) and 2922 13 10 (triethanolamine), originating in the United States of America, initiated on 21 January 2012, is hereby terminated without imposition of measures. With respect to imports from The Dow Chemical Company, that expiry review has been deprived of its object.
   Article 3
   The partial interim review limited in scope to the examination of dumping concerning imports of ethanolamines from The Dow Chemical Company currently falling within CN codes ex 2922 11 00 (monoethanolamine) (TARIC code 2922110010), ex 2922 12 00 (diethanolamine) (TARIC code 2922120010) and 2922 13 10 (triethanolamine), originating in the United States of America is hereby terminated.
   Article 4
   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, 21 March 2013.

            For the Council

            The President

         P. HOGAN

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

      (2)  OJ L 28, 2.2.1994, p. 40.

      (3)  OJ L 185, 25.7.2000, p. 1.

      (4)  OJ L 294, 25.10.2006, p. 2.

      (5)  OJ L 17, 22.1.2010, p. 1.

      (6)  OJ C 79, 12.3.2011, p. 20.

      (7)  OJ C 18, 21.1.2012, p. 16.

      (8)  OJ C 103, 11.4.2012, p. 8.

      (9)  OJ C 161, 9.4.2010, p. 44.

      (10)  Case T-158/10 The Dow Chemical Company v Council [2012] ECR II.

      (11)  OJ C 314, 18.10.2012, p. 12.

      (12)  Chemical Economics Handbook Product Review, ‘Ethanolamines’, SRI Consulting.

      (13)  Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] ECR I-8147.

      (14)  Case C-458/98 P Industrie des Poudres Sphériques v Council, paragraph 81.

      (15)  Case C-458/98 P Industrie des Poudres Sphériques v Council, paragraph 82.

      (16)  Case T-158/10 The Dow Chemical Company v Council, paragraph 45.

      (17)  Case T-158/10 The Dow Chemical Company v Council, paragraph 54.

      (18)  Case C-239/99 Nachi Europe GmbH v Hauptzollamt Krefeld [2001] ECR I-1220.