title: Council Implementing Regulation (EU) No 693/2012 of 25 July 2012 amending Implementing Regulation (EU) No 723/2011 (extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not), by granting an exemption from those measures to one Malaysian exporting producer and terminating the registration of imports from that exporting producer

text:
               31.7.2012

               EN

               Official Journal of the European Union

               L 203/23

         COUNCIL IMPLEMENTING REGULATION (EU) No 693/2012
   of 25 July 2012
   amending Implementing Regulation (EU) No 723/2011 (extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not), by granting an exemption from those measures to one Malaysian exporting producer and terminating the registration of imports from that exporting producer
   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 Articles 11(4) and 13(4) thereof,
   Having regard to the proposal from the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Regulation (EC) No 91/2009 (2), imposed anti-dumping measures on certain iron or steel fasteners originating in the People’s Republic of China. By Implementing Regulation (EU) No 723/2011 (3), the Council extended those measures to certain iron or steel fasteners consigned from Malaysia (‘the extended measures’) with the exception of imports produced by the Malaysian companies which are specifically mentioned in that Regulation.

         B.   CURRENT INVESTIGATION

   1.   Request for a review

               (2)

               The Commission received a request for an exemption from the extended measures pursuant to Articles 11(4) and 13(4) of the basic Regulation. The application was lodged by Andfast Malaysia Sdn. Bhd. (‘Andfast’), a producer in Malaysia.

         2.   Initiation of a review

               (3)

               The Commission examined the evidence submitted by Andfast and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic Regulation for the purposes of determining the possibility of granting Andfast an exemption from the extended measures. After consultation of the Advisory Committee, and after the Union industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EU) No 1164/2011 (4) (‘the initiating Regulation’), a review of Implementing Regulation (EU) No 723/2011 with regard to Andfast.

               (4)

               The Regulation initiating the review repealed the anti-dumping duty imposed by Implementing Regulation (EU) No 723/2011 with regard to imports of the product under examination consigned from Malaysia and produced by Andfast. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register such imports.

         3.   Product concerned

               (5)

               The product concerned is certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, consigned from Malaysia, currently falling within CN codes ex 7318 12 90, ex 7318 14 91, ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81, ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (‘the product concerned’).

         4.   Investigation

               (6)

               The Commission officially advised Andfast and the representatives of Malaysia of the initiation of the review. Interested parties were invited to make their views known and informed of the possibility to request a hearing. No such request was received.

               (7)

               The Commission also sent a questionnaire to Andfast and received a reply within the relevant deadline. The Commission sought and verified all the information deemed necessary for the purposes of the review. A verification visit was carried out at the premises of Andfast.

         5.   Investigation period

               (8)

               The investigation covered the period from 1 October 2010 to 30 September 2011 (‘the IP’). Data was collected from 2008 up to the end of the IP to investigate any change in the pattern of trade.

         C.   RESULTS OF THE INVESTIGATION

               (9)

               The investigation confirmed that Andfast was not related to any of the Chinese or Malaysian exporters or producers subject to the anti-dumping measures and had not exported the product concerned to the European Union during the investigation period of the investigation that led to the extended measures, i.e. 1 January 2008 to 30 September 2010. Andfast’s first exports of the product concerned occurred subsequently to the extension of measures to Malaysia.

               (10)

               The processing activities of Andfast can be considered as a completion and assembly operation in the sense of Article 13(2) of the basic Regulation. Andfast imports blanks from the People’s Republic of China which are subsequently threaded, plated and put together with the nuts and the washers at its premises in Malaysia. The finished product is sold and exported to its related company in the Union.

               (11)

               This is not considered to be a process involving circumvention as it could be demonstrated that the value added to the parts brought in from the People’s Republic of China, during the assembly and completion operation, is greater than 25 % of the manufacturing costs.

               (12)

               No evidence was found that Andfast was purchasing the finished product concerned from the People’s Republic of China to resell or tranship to the European Union.

         D.   AMENDMENT OF THE MEASURES BEING REVIEWED

               (13)

               In accordance with the above findings that Andfast has not engaged in circumvention practices, the company should be exempted from the anti-dumping measures in force.

               (14)

               The registration of imports of certain iron or steel fasteners consigned from Malaysia by Andfast, as imposed by the initiating Regulation, should cease. In accordance with Article 14(5) of the basic Regulation, which provides that measures shall be applied against registered imports from the date of registration, and in view of the exemption of the company from measures, no anti-dumping duty should be collected on imports of certain iron or steel fasteners consigned from Malaysia by Andfast which entered the Union under registration imposed by the initiating Regulation.

               (15)

               The exemption from the extended measures granted to imports of certain iron or steel fasteners produced by Andfast shall, in accordance with Article 13(4) of the basic Regulation, remain valid on condition that the facts as finally ascertained justify the exemption and that it is not, for instance, established that the exemption was granted on the basis of false or misleading information submitted by the company concerned. Should prima facie evidence indicate otherwise, or should exports from Andfast to the European Union increase dramatically, an investigation may be initiated by the Commission to establish whether withdrawal of the exemption is warranted.

               (16)

               The exemption from the extended measures granted to imports of certain iron or steel fasteners produced by Andfast was established on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of certain iron or steel fasteners consigned from Malaysia and produced by that specific legal entity. Imported iron or steel fasteners, produced by any company not specifically mentioned in Article 1(1) of Implementing Regulation (EU) No 723/2011 with its name, including entities related to those specifically mentioned, shall not benefit from the exemption and should be subject to the residual duty rate as imposed by that Regulation.

               (17)

               It is considered that special measures are needed in this case in order to ensure the proper application of such exemptions. These special measures are the requirement of the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to Implementing Regulation (EU) No 723/2011. Imports not accompanied by such an invoice shall be made subject to the extended anti-dumping duty.

         E.   PROCEDURE

               (18)

               Andfast and all other interested parties were informed of the facts and considerations on the basis of which it was intended to grant an exemption to Andfast from the extended measures. No comments were received,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 1(1) of Implementing Regulation (EU) No 723/2011 shall be modified by adding the following company to the list of companies that produce certain iron or steel fasteners in Malaysia and whose imports of certain iron or steel fasteners are exempted from the application of the extended definitive residual anti-dumping duty:

      ‘Andfast Malaysia Sdn. Bhd. (TARIC additional code B265)’.

   Article 2
   The customs authorities are hereby directed to cease the registration of imports carried out pursuant to Article 3 of Regulation (EU) No 1164/2011. No anti-dumping duty shall be collected on the imports thus registered.
   Article 3
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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

            For the Council

            The President

         A. D. MAVROYIANNIS

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

      (2)  OJ L 29, 31.1.2009, p. 1.

      (3)  OJ L 194, 26.7.2011, p. 6.

      (4)  OJ L 297, 16.11.2011, p. 53.


title: Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (Text with EEA relevance. )

text:
               4.7.2017

               EN

               Official Journal of the European Union

               L 171/113

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1185
   of 20 April 2017
   laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (1) and in particular Article 67(3) thereof,
   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 (2), and in particular Articles 126 and 151, and Article 223(3) thereof,
   Whereas:

               (1)

               Regulations (EU) No 1307/2013 and (EU) No 1308/2013 have repealed and replaced Council Regulations (EC) No 73/2009 (3) and (EC) No 1234/2007 (4) respectively. Regulations (EU) No 1307/2013 and (EU) No 1308/2013 and the acts adopted on the basis of those Regulations lay down a wide range of obligations to notify information and documents to the Commission. Those regulations also empower the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth notification of information and documents by Member States to the Commission, certain rules have to be adopted by means of such acts. Those acts should replace the rules laid down in Commission Regulation (EC) No 792/2009 (5), which is repealed by Commission Delegated Regulation (EU) 2017/1183 (6).

               (2)

               The method to be used to notify the information and documents required to meet the notification obligations laid down in Regulations (EU) No 1307/2013 and (EU) No 1308/2013 as supplemented by Delegated Regulation (EU) 2017/1183, should be laid down and exceptions to that notification method should be specified.

               (3)

               For documents to be recognised as valid for the Commission's purposes it should be possible to guarantee the authenticity, integrity and legibility of the documents and the associated metadata throughout the period for which they are required to be kept.

               (4)

               Documents must be managed in accordance with the personal data protection rules. To that end, the general rules laid down by Union legislation, notably Directive 95/46/EC of the European Parliament and of the Council (7), Regulations (EC) No 45/2001 (8) and (EC) No 1049/2001 (9) of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council (10) should apply, and further provisions should be laid down to guide Member States.

               (5)

               It is important that information notified is of relevance to the market concerned, accurate and complete and Member States should put in place arrangements to ensure this, including the necessary measures to ensure that economic operators provide them with the required information within appropriate time limits.

               (6)

               For the sake of simplification and reduction of administrative burden, when a Member State has not sent a notification, this should be interpreted by the Commission as a nil notification by the Member State.

               (7)

               Member States may notify additional information that is relevant to the market beyond what is required by this Regulation. The Commission shall make available, through the information system, the necessary form for the transmission of such information.

               (8)

               Information on product prices and production and market information is required for the purpose of monitoring, analysing and managing the market in agricultural products and for the purpose of applying Regulation (EU) No 1308/2013. It is accordingly appropriate that rules concerning the notification of this information are laid down.

               (9)

               In order to simplify and facilitate access to rules concerning notification obligations, it is appropriate to incorporate in this Regulation the provisions regarding notifications from Member States to the Commission on the data on agricultural markets, particularly prices, production and balance sheet data, currently laid down in Commission Regulations (EC) No 315/2002 (11), (EC) No 546/2003 (12), (EC) No 1709/2003 (13); (EC) No 2336/2003 (14), (EC) No 2095/2005 (15), (EC) No 952/2006 (16), (EC) No 1557/2006 (17), (EC) No 589/2008 (18), (EC) No 826/2008 (19), (EC) No 1249/2008 (20), (EC) No 436/2009 (21), (EU) No 1272/2009 (22) and (EU) No 479/2010 (23) and Commission Implementing Regulations (EU) No 543/2011 (24), (EU) No 1288/2011 (25), (EU) No 1333/2011 (26) and (EU) No 807/2013 (27). Those notification obligations should be updated in the light of acquired experience and for a more effective management of the common agricultural policy.

               (10)

               In order to have a comprehensive picture of price data notified and to follow trends, it is appropriate to require that each price series is defined.

               (11)

               Member States that have not adopted the euro shall report price information in their official currency.

               (12)

               The Union is required to make certain notifications to the World Trade Organisation (WTO) in accordance with Article 18(2) of the WTO Agreement on Agriculture (28), as further detailed in paragraph 4 of WTO document G/AG/2 of 30 June 1995 and the Annex to the WTO Ministerial Decision of 19 December 2015 on export competition (WT/MIN(15)/45-WT/L/980). In order to comply with these requirements, the Union requires certain information from Member States, notably information relating to domestic support and export competition. Provisions concerning the notifications to be made by Member States to the Commission for these purposes should therefore be laid down.

               (13)

               The provisions on notifications in the sugar sector should apply from 1 October 2017 in order to provide for a smooth transition with the ending of the quota system.

               (14)

               Regulations (EC) No 315/2002, (EC) No 952/2006, (EC) No 589/2008, (EC) No 826/2008, (EC) No 1249/2008, (EC) No 436/2009, (EU) No 1272/2009, (EU) No 479/2010, and Implementing Regulations (EU) No 543/2011, (EU) No 1333/2011 and (EU) No 807/2013 should therefore be amended accordingly. Regulations (EC) No 546/2003, (EC) No 1709/2003, (EC) No 2336/2003, (EC) No 2095/2005 and (EC) No 1557/2006 and Implementing Regulation (EU) No 1288/2011 should be repealed.

               (15)

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

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      PRINCIPLES AND REQUIREMENTS OF THE INFORMATION SYSTEM

   Article 1
   Commission information system and notification method
   1.   Notification of information and documents required pursuant to the notification obligations laid down in Regulations (EU) No 1307/2013 and (EU) No 1308/2013 and in the acts adopted on the basis of those Regulations shall be made by means of an information-technology-based system that the Commission makes available to Member States.
   The information and documents shall be set up and notified in accordance with:

               (a)

               the procedures established for the information system;

               (b)

               the access rights granted by the single liaison body referred to in Delegated Regulation (EU) 2017/1183; and

               (c)

               the forms made available to users in the information system.

         2.   By way of exception to the first paragraph of paragraph 1, Member States may make the required information available to the Commission by mail, by telefax, by electronic mail or by hand:

               (a)

               if the Commission has not made available the information technology means for a specific notification obligation;

               (b)

               in cases of force majeure or exceptional circumstances which make it impossible for the Member State to use the information system referred to in paragraph 1.

         Article 2
   Integrity and legibility over time
   The information system made available by the Commission shall be designed to protect the integrity of the documents notified and held. In particular, it shall:

               (a)

               allow each user to be unequivocally identified and shall incorporate effective control measures of access rights in order to protect against illegal, malicious or unauthorised access, deletion, alteration or movement of documents, files or metadata;

               (b)

               be equipped with physical protection systems against intrusions and environmental incidents and with software protection against possible cyber-attacks;

               (c)

               prevent any unauthorised changes and incorporate integrity mechanisms to check if a document has been altered over time;

               (d)

               keep an audit trail for each essential stage of the procedure;

               (e)

               safeguard stored data in an environment which is secure in both physical and software terms, in accordance with point (b);

               (f)

               provide reliable format conversion and migration procedures in order to guarantee that documents are legible and accessible throughout the entire storage period required;

               (g)

               have sufficiently detailed and up-to-date functional and technical documentation on the operation and characteristics of the system; that documentation shall be accessible at all times to the organisational entities responsible for the functional and/or technical specifications.

         Article 3
   Authenticity of documents
   The authenticity of a document notified or stored using an information system in conformity with this Regulation is recognised if the person who sent the document is duly identified and if the document has been set up and notified in compliance with this Regulation.
   Article 4
   Protection of personal data
   1.   The provisions of this Regulation shall apply without prejudice to Directive 95/46/EC, Regulation (EC) No 45/2001, Regulation (EC) No 1049/2001, and Directive 2002/58/EC and the provisions adopted pursuant to them.
   2.   Member States shall take the necessary steps to protect the confidentiality of data received from economic operators.
   3.   Where information notified to the Commission is obtained from less than three operators, or where information from a single operator accounts for more than 70 % of the quantum of such information notified, the Member State concerned shall signal this to the Commission when notifying the information.
   4.   The Commission shall not publish information in such a way that can lead to the identification of an individual operator. Where such a risk exists, the Commission shall only publish such information in an aggregate form.
   Article 5
   Default notification
   Save as otherwise provided for in the acts referred to in Article 1, where a Member State has not notified the Commission the required information or documents by the deadline (‘nil return’), the Member State shall be deemed to have notified the Commission:

               (a)

               in the case of quantitative information, of a zero value;

               (b)

               in the case of qualitative information, of a ‘nothing to report’ situation.

         CHAPTER II

      NOTIFICATIONS ON PRICES, PRODUCTION, MARKET INFORMATION AND THOSE REQUIRED BY INTERNATIONAL AGREEMENTS

      SECTION 1

         Notification on prices, production and market information

   Article 6
   Notification on prices, production and market situation
   The notification of information on prices required pursuant to the notification obligation laid down in Article 2 of Delegated Regulation (EU) 2017/1183 shall be made in accordance with Annexes I and II.
   The notification of production and markets required pursuant to the notification obligation laid down in Article 2 of Delegated Regulation (EU) 2017/1183 shall be made in accordance with Annex III.
   Article 7
   Integrity of information
   1.   Member States shall take the necessary steps to ensure that information notified is relevant to the market concerned, accurate and complete. Member States shall ensure that quantitative data notified constitute a consistent statistical series. In the event that a Member State has reason to believe that the information notified might not be relevant, accurate or complete, the Member State concerned shall signal this to the Commission when notifying the information.
   2.   Member States shall notify the Commission of any important new information likely to alter substantially information already notified.
   3.   Member States shall take the necessary measures to ensure that the economic operators concerned provide them with the information required within the appropriate time limits. Economic operators shall provide Member States with the information necessary to comply with the information requirements laid down in this Regulation.
   Article 8
   Additional information
   Member States may notify the Commission of information additional to that required in Annexes I, II and III by means of the information system referred to in Article 1 where such information is considered relevant by the Member State concerned. Such notifications shall be made by means of a form made available by the Commission in the system.
   Article 9
   Price definition
   1.   For each price notification required by this Section, Member States shall notify the source and methodology used to determine the prices provided. Such notifications shall include information on the representative markets determined by Member States and the associated weighting coefficients.
   2.   Member States shall notify the Commission of any changes to the information provided in accordance with paragraph 1.
   3.   Member States shall ensure that the Commission has the right to publish data that they notify to the Commission, subject to Article 4.
   Article 10
   Reporting of prices in official currency
   Unless otherwise specified in Annexes I, II and III, Member States shall notify price information in their official currency, net of VAT.
   Article 11
   Weekly price monitoring
   Unless otherwise specified in Annex I, Member States shall notify the Commission of the weekly price information referred to in that Annex no later than 12.00 (Brussels time) each Wednesday for the previous week.
   Article 12
   Non-weekly price information and production monitoring
   Member States shall notify the Commission, within the time limits laid down, of:

               (a)

               non-weekly price information referred to in Annex II to this Regulation; and

               (b)

               production and market information referred to in Annex III to this Regulation.

      SECTION 2

         Notifications required by international agreements

   Article 13
   WTO domestic support data
   1.   Member States shall notify the Commission by 31 October each year of data on national budgetary outlays, including revenue foregone, on domestic support measures in favour of agricultural producers for the previous Union financial year. The notification shall include data on measures co-financed from the Union budget and shall cover both the national and Union components of financing. The notification shall not cover measures wholly financed from the Union budget.
   2.   The data required under paragraph 1 shall be that set out in WTO document G/AG/2 on domestic support and shall be notified using the format set out in that document.
   Article 14
   WTO export competition data
   1.   Member States shall notify the Commission by 28 February each year of data for the preceding calendar year on the following export competition measures applied by them:

               (a)

               export financing support (export credits, export credit guarantees or insurance programmes);

               (b)

               international food aid;

               (c)

               agricultural exporting state trading enterprises.

         2.   The data required under paragraph 1 shall be that set out in the Annex to the WTO Ministerial Decision of 19 December 2015 on export competition and shall be notified using the format set out in that Annex.
   CHAPTER III

      FINAL PROVISIONS

   Article 15
   Amendments to several regulations and transitional provisions
   1.   Article 1 of Regulation (EC) No 315/2002 is deleted.
   2.   Articles 12, 13, 14, 14a, 15a, 20, 21 and 22 of Regulation (EC) No 952/2006 are deleted as from 1 October 2017. These provisions will continue to apply in respect of residual notifications relating to the sugar quota system.
   3.   Article 31 of Regulation (EC) No 589/2008 is deleted.
   4.   Point A of Annex III to Regulation (EC) No 826/2008 is deleted.
   5.   Articles 16(8), 17, 25(3), 27(1) and (2), 34(2) and Article 36 of Regulation (EC) No 1249/2008 are deleted.
   6.   Article 19 of Regulation (EC) No 436/2009 is deleted, with the exception of paragraph 1, point (b)(iii) and paragraph 2 which will continue to apply until 31 July 2017.
   7.   Articles 56(3) and (4) of Regulation (EU) No 1272/2009 are deleted.
   8.   Articles 1a, 2 and 3 of Regulation (EU) No 479/2010 are deleted.
   9.   Article 98 of Implementing Regulation (EU) No 543/2011 is deleted.
   10.   Article 11 of Implementing Regulation (EU) No 1333/2011 is deleted.
   11.   Articles 4(2) and (3) and 7 of Implementing Regulation (EU) No 807/2013 are deleted.
   Article 16
   Repeal
   The following Regulations are repealed:

               —

               Regulation (EC) No 546/2003,

               —

               Regulation (EC) No 1709/2003,

               —

               Regulation (EC) No 2336/2003,

               —

               Regulation (EC) No 2095/2005,

               —

               Regulation (EC) No 1557/2006,

               —

               Implementing Regulation (EU) No 1288/2011.

         Article 17
   Entry into force
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   Point 1 of Annex II and point 2 of Annex III shall apply as from 1 October 2017.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 608.

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

      (3)  Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).

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

      (5)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).

      (6)  Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (see page 100 of this Official Journal).

      (7)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

      (8)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (9)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

      (10)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

      (11)  Commission Regulation (EC) No 315/2002 of 20 February 2002 on the survey of prices of fresh or chilled sheep carcasses on representative markets in the Community (OJ L 50, 21.2.2002, p. 47).

      (12)  Commission Regulation (EC) No 546/2003 of 27 March 2003 on certain notifications regarding the application of Council Regulations (EEC) No 2771/75, (EEC) No 2777/75 and (EEC) No 2783/75 in the eggs and poultrymeat sectors (OJ L 81, 28.3.2003, p. 12).

      (13)  Commission Regulation (EC) No 1709/2003 of 26 September 2003 on crop and stock declarations for rice (OJ L 243, 27.9.2003, p. 92).

      (14)  Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19).

      (15)  Commission Regulation (EC) No 2095/2005 of 20 December 2005 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards communication of information on tobacco (OJ L 335, 21.12.2005, p. 6).

      (16)  Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (OJ L 178, 1.7.2006, p. 39).

      (17)  Commission Regulation (EC) No 1557/2006 of 18 October 2006 laying down detailed rules for implementing Council Regulation (EC) No 1952/2005 as regards registration of contracts and the communication of data concerning hops (OJ L 288, 19.10.2006, p. 18).

      (18)  Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs (OJ L 163, 24.6.2008, p. 6).

      (19)  Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (OJ L 223, 21.8.2008, p. 3).

      (20)  Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3).

      (21)  Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).

      (22)  Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (OJ L 349, 29.12.2009, p. 1).

      (23)  Commission Regulation (EU) No 479/2010 of 1 June 2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States' notifications to the Commission in the milk and milk products sector (OJ L 135, 2.6.2010, p. 26).

      (24)  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 (OJ L 157, 15.6.2011, p. 1).

      (25)  Commission Implementing Regulation (EU) No 1288/2011 of 9 December 2011 on the notification of wholesale prices for bananas within the common organisation of agricultural markets (OJ L 328, 10.12.2011, p. 42).

      (26)  Commission Implementing Regulation (EU) No 1333/2011 of 19 December 2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (OJ L 336, 20.12.2011, p. 23).

      (27)  Commission Implementing Regulation (EU) No 807/2013 of 26 August 2013 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the survey of prices of certain bovine animals on representative Union markets (OJ L 228, 27.8.2013, p. 5).

      (28)  Uruguay Round of Multilateral Trade Negotiations (1986- 1994) — Annex 1 — Annex 1A — Agreement on Agriculture (WTO-GATT 1994) WTO-‘GATT 1994’ (OJ L 336, 23.12.1994, p. 22).

      ANNEX I

         Requirements relating to weekly price notifications referred to in Article 11

      1.   Cereals

         Content of the notification: representative market prices for each of the cereals and the cereal qualities considered relevant for the Union market, expressed per tonne of product.

         Member States concerned: all Member States.

         Other: prices shall refer, in particular, to the qualitative properties, the place of quotation and the stage of marketing of each product.
      2.   Rice

         Content of the notification: representative market prices for each of the varieties of rice considered relevant for the Union market, expressed per tonne of product.

         Member States concerned: rice producing Member States.

         Other: prices shall refer, in particular, to the processing stage, the place of quotation and the stage of marketing of each product.
      3.   Olive oil

         Content of the notification: average prices recorded on the main representative markets and national average prices for the categories of olive oil listed in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product.

         Member States concerned: Member States producing more than 20 000 t of olive oil in the annual period from 1 October to 30 September.

         Other: prices shall correspond to olive oil in bulk, ex-mill for virgin olive oil and ex-factory for other categories. Representative markets shall cover at least 70 % of the national production of the product concerned.
      4.   Fruit and vegetables

         Content of the notification: a single weighted average price for the types and varieties of fruit and vegetables listed in Part A of Annex XV to Implementing Regulation (EU) No 543/2011 meeting the general marketing standard set out in Part A of Annex I to that Regulation or for Class I for products covered by a specific marketing standard, expressed per 100 kg net weight of product.

         Member States concerned: Member States as specified in Annex XV to Implementing Regulation (EU) No 543/2011, when data are available.

         Other: Prices shall be ex-packaging station, sorted, packaged and where applicable on pallets.
      5.   Bananas

         Content of the notification: wholesale prices for yellow bananas falling within the CN code 0803 90 10, expressed per 100 kg of product.

         Member States concerned: all Member States marketing more than 50 000 tonnes of yellow bananas per calendar year.

         Other: prices shall be notified by group of countries of origin.
      6.   Meat

         Content of the notification: prices for beef, pig and sheep carcasses and certain live cattle, calves and piglets as regards the classification of beef, pig and sheep carcasses and the reporting of market prices in accordance with Union rules under Regulation (EU) No 1308/2013.

         Member States concerned: all Member States.

         Other: where in the opinion of the competent authority of the Member State concerned there are insufficient numbers of carcasses or live animals to notify, the Member State concerned may decide for the period in question to suspend the recording of prices for such carcasses or live animals and shall notify the Commission of the reason for its decision.
      7.   Milk and milk products

         Content of the notification: prices of whey powder, skimmed milk powder, whole milk powder, butter and commodity cheeses expressed per 100 kg of product.

         Member States concerned: Member States whose national production represents 2 % or more of Union production; or, in the case of commodity cheeses, where the cheese type represents 4 % or more of the total national cheese production.

         Other: prices shall be notified for products purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.
      8.   Eggs

         Content of the notification: wholesale price for Class A eggs from caged hens (average of categories L and M), expressed per 100 kg of product.

         Member States concerned: all Member States.

         Other: prices shall be notified for products in packing stations. Where the production in cages is no longer representative, the Member State concerned shall notify the wholesale price of Class A eggs, produced by laying hens kept in barn systems, expressed per 100 kg.
      9.   Poultrymeat

         Content of the notification: average wholesale price for whole Class A chickens (‘65 % chickens’), expressed per 100 kg of product.

         Member States concerned: all Member States.

         Other: prices shall be notified for products in slaughter plants or recorded on representative markets. Where another chicken presentation or specific cuts of chicken are important in terms of its market structure, the Member State concerned may notify, in addition to the average wholesale price for whole Class A chickens (‘65 % chickens’), the wholesale price of a different chicken presentation or cuts of Class A quality, specifying the type of presentation or cuts to which the price refers, expressed per 100 kg.

      ANNEX II

         Requirements relating to non-weekly price notifications as referred to in point (a) of Article 12

      1.   Sugar

         Content of the notification

                  (a)

                  the weighted averages of the following sugar prices, expressed per tonne of sugar, as well as the total corresponding quantities and the weighted standard deviations:

                              (i)

                              for the previous month, the selling price;

                              (ii)

                              for the current month, the selling price forecast in the framework of contracts or other transactions;

                  (b)

                  the weighted average price of sugar beet during the previous marketing year, expressed per tonne of beet, as well as the total corresponding quantities.

         Member States concerned

                  (a)

                  for sugar prices, all Member States where more than 10 000 tonnes of sugar is produced from sugar beet or from raw sugar;

                  (b)

                  for sugar beet prices, all Member States where sugar beet is produced.

         Period of notification

                  (a)

                  for sugar prices, by the end of each month;

                  (b)

                  for sugar beet prices, by 30 June each year.

         Other

      Prices shall be established in line with the methodology published by the Commission and shall relate to:

                  (a)

                  bulk white sugar prices ex-factory for sugar of a standard quality as defined in point B II of Annex III to Regulation (EU) No 1308/2013 collected from sugar undertakings and refiners;

                  (b)

                  sugar beet price for sugar beet of a standard quality as defined in point B I of Annex III to Regulation (EU) No 1308/2013 paid by sugar undertakings to producers. The beet shall be attributed to the same marketing year as the sugar extracted from it.

            2.   Flax fibre

         Content of the notification: average prices ex-factory for the previous month recorded on the main representative markets for long flax fibre, expressed per tonne of product.

         Member States concerned: all Member States where long flax fibres are produced from a planted area exceeding 1 000 ha of fibre flax.

         Period of notification: by 25th of each month in respect of the preceding month.
      3.   Wine

         Content of the notification: in relation to the wines referred to in point 1 of Part II of Annex VII to Regulation (EU) No 1308/2013:

                  (a)

                  a summary of the prices for the previous month expressed per hectolitre of wine with reference to the volumes concerned; or

                  (b)

                  by 31 July 2017, the publicly available information sources considered credible for the recording of prices.

         Member States concerned: Member States whose wine production during the past five years on average exceeded 5 % of the total Union wine production.

         Period of notification: by 15th of each month in respect of the preceding month.

         Other: prices shall be for product unpacked ex-producer's premises. For the information referred to in points (a) and (b), the Member States concerned shall make a selection of the eight most representative markets to be monitored, which shall include at least two for wines with protected designation of origin or protected geographical indication.
      4.   Milk and milk products

      (a)   Milk

         Content of the notification: the price of raw milk, and the estimated price for deliveries in the running month, expressed per 100 kg of product at real fat and protein content.

         Member States concerned: all Member States.

         Period of notification: by the end of each month in respect of the preceding month.

         Other: the price shall be that paid by first purchasers established in the territory of the Member State.
      (b)   Milk products

         Content of the notification: prices for cheeses, other than commodity cheeses referred to in Point 7 of Annex I, expressed per 100 kg of product.

         Member States concerned: all Member States for types of cheeses relevant for the national market.

         Period of notification: by 15th of each month in respect of the preceding month.

         Other: the prices shall relate to cheese purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.

      ANNEX III

         Requirements relating to production and market information notifications as referred to in point (b) of Article 12

      1.   Rice

         Content of the notification: for each of the types of rice referred to in points 2 and 3 of Part I of Annex II to Regulation (EU) No 1308/2013:

                  (a)

                  area planted, agronomic yield, production of paddy rice in the harvest year and milling yield;

                  (b)

                  stocks of rice (expressed in milled equivalent) held by producers and by rice mills on 31 August each year, broken down by rice produced in the European Union and rice imported.

         Period of notification: by 15 January each year in respect of the previous year.

         Member States concerned

                  (a)

                  for paddy rice production, all rice producing Member States;

                  (b)

                  for rice stocks, all rice producing Member States and Member States with rice mills.

            2.   Sugar

      A.   Beet areas

         Content of the notification: sugar beet area for the current marketing year and an estimate for the following marketing year.

         Period of notification: by 31 May each year.

         Member States concerned: all Member States with a planted area of more than 1 000 ha of sugar beet in the year in question.

         Other: these figures shall be expressed in hectares and broken down by areas intended for production of sugar and those intended for production of bioethanol.
      B.   Sugar and bioethanol production

         Content of the notification: sugar production and bioethanol production by each undertaking in the previous marketing year and an estimate of sugar production by each undertaking for the current marketing year;

         Period of notification: by 30 November each year as regards the previous marketing year production and by 31 March each year (30 June for the French departments of Guadeloupe and Martinique) as regards the current marketing year production.

         Member States concerned: all Member States where more than 10 000 tonnes of sugar is produced.

         Other

                  (a)

                  ‘sugar production’ means the total quantity, expressed in tonnes of white sugar as follows, of:

                              (i)

                              white sugar, disregarding differences in quality;

                              (ii)

                              raw sugar, on the basis of yield determined in accordance with point B.III of Annex III to Regulation (EU) No 1308/2013;

                              (iii)

                              invert sugar, by its weight;

                              (iv)

                              sucrose or invert sugar syrups which are at least 70 % pure and are produced from sugar beet, on the basis of extractable sugar content or on the basis of real yield;

                              (v)

                              sucrose or invert sugar syrups which are at least 75 % pure and are produced from sugar cane, on the basis of sugar content;

                  (b)

                  sugar production shall not include white sugar obtained from any of the products referred to in point (a) or produced under inward processing arrangements;

                  (c)

                  the sugar extracted from beet sown in a particular marketing year shall be attributed to the following marketing year. However, Member States may decide to attribute the sugar extracted from beet sown in the autumn of a particular marketing year to the same marketing year, notifying the Commission of their decision at the latest on 1 October 2017;

                  (d)

                  the figures for sugar shall be broken down by month and, with regard to the current marketing year, shall correspond to provisional figures until the month of February and to estimates for the remaining months of the marketing year.

                  (e)

                  bioethanol production shall only include bioethanol obtained from any of the products referred to in point (a) and shall be expressed in hectolitres.

            C.   Isoglucose production

         Content of the notification

                  (a)

                  quantities of own production of isoglucose shipped by each producer during the previous marketing year;

                  (b)

                  quantities of own production of isoglucose shipped by each producer during the previous month.

         Period of notification: by 30 November each year with regard to the previous marketing year and by 25th of each month with regard to the previous month.

         Member States concerned: all Member States where isoglucose is produced.

         Other:‘Production of isoglucose’ means the total quantity of product obtained from glucose or its polymers with content by weight in the dry state of at least 41 % fructose, expressed in tonnes of dry matter irrespective of actual fructose content in excess of the 41 % threshold. The yearly production figures shall be broken down by month.
      D.   Sugar and isoglucose stocks

         Content of the notification

                  (a)

                  quantities of sugar production stored at the end of each month by sugar undertakings and refiners;

                  (b)

                  quantities of isoglucose production stored by isoglucose producers at the end of the previous marketing year.

         Period of notification: by the end of each month in respect of the preceding month in question with regard to sugar, and by 30 November with regard to isoglucose.

         Member States concerned

                  (a)

                  for sugar, all Member States where sugar undertakings or refiners are located and production of sugar exceeds 10 000 tonnes;

                  (b)

                  for isoglucose, all Member States where isoglucose is produced.

         Other: the figures shall refer to products stored in free circulation on Union territory and to sugar production and isoglucose production as defined in points B and C.
      With regard to sugar:

                  —

                  the figures shall refer to quantities owned by the undertaking or the refiner or covered by a warrant,

                  —

                  the figures shall specify, for the quantities in storage at the end of the months of July, August and September, the quantity which comes from the production of sugar under the following marketing year,

                  —

                  if storage is in a different Member State from the one notifying the Commission, the notifying Member State shall inform the Member State concerned of the quantities stored on their territory and their locations by the end of the month following that of notification to the Commission.

            With regard to isoglucose, the quantities shall refer to quantities owned by the producer.
      3.   Fibre crops

         Content of the notification

                  (a)

                  the fibre flax area for the current marketing year and the estimate for the next marketing year, expressed in hectares;

                  (b)

                  the production of long flax fibres for the previous marketing year and an estimate for the current marketing year, expressed in tonnes;

                  (c)

                  the area planted with cotton for the previous crop year and an estimate for the current crop year, expressed in hectares;

                  (d)

                  the production of unginned cotton for the previous crop year and an estimate for the current crop year and, expressed in tonnes;

                  (e)

                  the average price of unginned cotton paid to cotton producers in respect of the previous crop year, expressed per tonne of product.

         Period of notification

                  (a)

                  for fibre flax area, by 31 July each year;

                  (b)

                  for production of long flax fibres, by 31 October each year;

                  (c), (d) and (e)

                  for cotton, by 15 October each year.

         Member States concerned

                  (a) and (b):

                  for flax, all Member States where long flax fibres are produced from a planted area exceeding 1 000 ha of fibre flax;

                  (c), (d) and (e):

                  for cotton, all Member States where at least 1 000 ha of cotton are sown.

            4.   Hops

         Content of the notification: the following production information, given as a total and for information referred to in points (b) to (d), broken down by bitter and aromatic hops varieties:

                  (a)

                  number of farmers growing hops;

                  (b)

                  area planted with hops, expressed in hectares;

                  (c)

                  quantity in tonnes and average farm gate price, expressed per kg of hops sold under a forward contract and without such a contract;

                  (d)

                  alpha-acid production in tonnes and average alpha-acid content (in percent).

         Period of notification: by 30 April of the year following the hops harvest.

         Member States concerned: Member States with a planted area of more than 200 hectares of hops in the previous year.
      5.   Olive oil

         Content of the notification

                  (a)

                  data on final production, total domestic consumption (including by the processing industry) and ending stocks for the preceding annual period from 1 October to 30 September;

                  (b)

                  an estimate of monthly production and estimates of total production, domestic consumption (including by the processing industry) and ending stocks for the current annual period from 1 October to 30 September.

         Period of notification

                  (a)

                  for the preceding annual period by 31 October each year.

                  (b)

                  for the current annual period by 31 October and by the 15th day of each month from November to June.

         Member States concerned: Member States producing olive oil.
      6.   Bananas

         Content of the notification

                  (a)

                  average selling prices on local markets of green bananas marketed in the region of production, expressed per 100 kg of product and related quantities;

                  (b)

                  average selling prices of green bananas marketed outside the region of production, expressed per 100 kg of product and related quantities.

         Period of notification

                  —

                  by 15 June each year in respect of the previous period from 1 January to 30 April,

                  —

                  by 15 October each year in respect of the previous period from 1 May to 31 August,

                  —

                  by 15 February each year in respect of the previous period from 1 September to 31 December.

         Member States concerned: Member States with a region of production, namely:

                  (a)

                  the Canary Islands;

                  (b)

                  Guadeloupe;

                  (c)

                  Martinique;

                  (d)

                  Madeira and the Azores;

                  (e)

                  Crete and Lakonia;

                  (f)

                  Cyprus.

         Other: prices for green bananas marketed in the Union outside their region of production shall be at the first port of unloading (goods not unloaded).
      7.   Tobacco

         Content of the notification: for each raw tobacco variety group:

                  (i)

                  number of farmers;

                  (ii)

                  area in hectares;

                  (iii)

                  quantity delivered in tonnes;

                  (iv)

                  the average price paid to farmers, excluding taxes and other levies, expressed per kg of product.

         Period of notification: by 31 July of the year following the harvest year.

         Member States concerned: Member States with a planted area of more than 3 000 hectares of tobacco for the previous harvest.

         Other: the variety groups of raw tobacco are:

                  Group I

                  :

                  Flue-cured: tobacco dried in ovens with controlled air circulation, temperature and humidity, in particular Virginia;

                  Group II

                  :

                  Light air-cured: tobacco dried in the air under cover, not left to ferment, in particular Burley and Maryland;

                  Group III

                  :

                  Dark air-cured: tobacco dried in the air under cover, left to ferment naturally before being marketed, in particular Badischer Geudertheimer, Fermented Burley, Havana, Mocny Skroniowski, Nostrano del Brenta and Pulawski;

                  Group IV

                  :

                  Fire-cured: tobacco dried by fire, in particular Kentucky and Salento;

                  Group V

                  :

                  Sun-cured: tobacco dried in the sun, also called ‘Oriental varieties’, in particular Basmas, Katerini and Kaba-Koulak.

            8.   Wine sector products

         Content of the notification

                  (a)

                  estimates of the production of wine products (including vinified and non-vinified grape must) on the territory of the Member State during the current wine year;

                  (b)

                  the definitive result of the production declarations referred to in Article 9 of Regulation (EC) No 436/2009, as well as an estimate of the production not covered by such declarations;

                  (c)

                  a summary of the stock declarations referred to in Article 11 of Regulation (EC) No 436/2009, held at 31 July of the previous wine year;

                  (d)

                  the final balance sheet of the previous wine year including full information on availabilities (opening stocks, production, imports), uses (human and industrial consumption, transformation, exports and losses) and final stocks.

         Period of notification

                  (a)

                  estimates of production, by 30 September each year;

                  (b)

                  definitive result of the production declarations, by 15 March each year;

                  (c)

                  summary of stock declarations, by 31 October each year;

                  (d)

                  final balance sheet, by 15 January each year.

         Member States concerned: Member States that maintain an updated vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013.
      9.   Milk and milk products

         Content of the notification: the total quantity of cow's raw milk, expressed in kilograms at real fat content.

         Period of notification: by the 25th of each month.

         Member States concerned: all Member States.

         Other: the quantities refer to milk delivered in the preceding month to first purchasers established in the territory of the Member State. Member States shall ensure that all first purchasers established in their territory declare to the competent national authority the quantity of cow's raw milk that has been delivered to them each month in a timely and accurate manner so as to comply with this requirement.
      10.   Eggs

         Content of the notification: the number of eggs production sites with the breakdown by farming methods referred to in Annex II of Regulation (EC) No 589/2008, including the maximum capacity of the establishment in terms of number of laying hens present at one time.

         Period of notification: by 1 April each year;

         Member States concerned: all Member States.
      11.   Ethyl alcohol

         Content of the notification: for alcohol of agricultural origin, expressed in hectolitres of pure alcohol:

                  (a)

                  production by fermenting and distilling, broken down by the agricultural raw material from which the alcohol is produced;

                  (b)

                  the volumes transferred from alcohol producers or importers for processing or packaging, broken down by category of use (food and beverages, fuels, industrial/Others).

         Period of notification: by 1 March each year in respect of the previous calendar year.

         Member States concerned: all Member States.


title: Commission Implementing Regulation (EU) No 974/2012 of 22 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.10.2012

               EN

               Official Journal of the European Union

               L 293/32

         COMMISSION IMPLEMENTING REGULATION (EU) No 974/2012
   of 22 October 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, 22 October 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

                  MA

                  63,3

                  MK

                  36,9

                  ZZ

                  50,1

                  0707 00 05

                  MK

                  30,8

                  TR

                  120,5

                  ZZ

                  75,7

                  0709 93 10

                  TR

                  116,6

                  ZZ

                  116,6

                  0805 50 10

                  AR

                  87,8

                  CL

                  108,8

                  TR

                  89,8

                  ZA

                  84,3

                  ZZ

                  92,7

                  0806 10 10

                  BR

                  279,8

                  MK

                  80,9

                  TR

                  145,1

                  ZZ

                  168,6

                  0808 10 80

                  AR

                  216,2

                  MK

                  29,8

                  NZ

                  139,2

                  US

                  143,5

                  ZA

                  67,9

                  ZZ

                  119,3

                  0808 30 90

                  CN

                  97,6

                  TR

                  117,7

                  ZZ

                  107,7

         (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) 2016/434 of 22 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.3.2016

               EN

               Official Journal of the European Union

               L 76/32

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/434
   of 22 March 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, 22 March 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

                  110,0

                  IL

                  125,9

                  MA

                  97,1

                  TR

                  107,0

                  ZZ

                  110,0

                  0707 00 05

                  MA

                  84,0

                  TR

                  146,9

                  ZZ

                  115,5

                  0709 91 00

                  EG

                  241,9

                  ZZ

                  241,9

                  0709 93 10

                  MA

                  51,7

                  TR

                  163,4

                  ZZ

                  107,6

                  0805 10 20

                  EG

                  47,5

                  IL

                  70,0

                  MA

                  59,5

                  TN

                  60,0

                  TR

                  72,0

                  ZZ

                  61,8

                  0805 50 10

                  MA

                  138,5

                  TR

                  88,5

                  ZZ

                  113,5

                  0808 10 80

                  BR

                  90,6

                  CN

                  70,5

                  US

                  134,2

                  ZA

                  110,3

                  ZZ

                  101,4

                  0808 30 90

                  AR

                  119,3

                  CL

                  137,8

                  CN

                  106,6

                  TR

                  157,7

                  ZA

                  91,8

                  ZZ

                  122,6

         (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 1160/2013 of 7 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Rigotte de Condrieu (PDO)]

text:
               19.11.2013

               EN

               Official Journal of the European Union

               L 309/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 1160/2013
   of 7 November 2013
   entering a name in the register of protected designations of origin and protected geographical indications [Rigotte de Condrieu (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)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Rigotte de Condrieu’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Rigotte de Condrieu’ 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 November 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 C 130, 7.5.2013, p. 15.

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

         Class 1.3.   Cheeses

      FRANCE
      Rigotte de Condrieu (PDO)


title: Commission Implementing Regulation (EU) 2016/779 of 18 May 2016 laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour (Text with EEA relevance)

text:
               20.5.2016

               EN

               Official Journal of the European Union

               L 131/48

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/779
   of 18 May 2016
   laying down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (1), and in particular Article 7(3) thereof,
   Whereas:

               (1)

               Article 7(1) of Directive 2014/40/EU provides that Member States are to prohibit the placing on the market of tobacco products with a characterising flavour.

               (2)

               In order to ensure that such prohibitions are applied in a uniform manner throughout the Union, it is appropriate to lay down, in accordance with Article 7(3) of Directive 2014/40/EU, common procedures for the determination as to whether or not a tobacco product has a characterising flavour.

               (3)

               Where a Member State (‘the initiating Member State’) or the Commission considers that a tobacco product might have a characterising flavour, it should request the manufacturer or importer to communicate its assessment of the product. The procedure for determining the existence of a product with characterising flavour should be initiated by Member States in respect of products that are marketed only in one or a small number of Member States. Where a Member State considers that a product is marketed widely across a number of different Member States, it should be able to request the Commission to initiate the procedure.

               (4)

               In order to avoid parallel procedures, Member States and the Commission should inform each other on the initiation of procedures. Where a Member State initiates a procedure, all other Member States should refrain from initiating a procedure for the same product. Member States may alternatively agree that another Member State become the initiating Member State. All procedures initiated in Member States other than the initiating Member State should be suspended pending the adoption of the decision by the initiating Member State.

               (5)

               The Commission should be able to initiate a procedure at any time, including after adoption of a decision concluding that a product has no characterising flavour. Where the Commission initiates a procedure, all national procedures concerning the same product should cease.

               (6)

               If the manufacturer or importer does not dispute that the product has a characterising flavour, or fails to submit a reply to a request for its assessment as to whether or not a product has a characterising flavour, it should be possible to make a determination on the basis of a simplified procedure.

               (7)

               If the manufacturer or importer contests that the product has a characterising flavour, the initiating Member State or the Commission should launch an in depth assessment. To this end the independent advisory panel may be consulted and information from other sources may be gathered. Information may also be exchanged with other Member States and the Commission.

               (8)

               Following the in-depth assessment and before a decision is taken as to whether a product has a characterising flavour, the manufacturer or importer of the product should be provided with an opportunity to submit written observations. In its written observations the manufacturer or importer should also indicate, where applicable, whether its parent company has been consulted. Importers should also be encouraged to consult the manufacturer.

               (9)

               The initiating Member State should submit a draft of its decision to the Commission including where applicable a copy of the opinion of the independent advisory panel. A copy of those documents should be sent to all the other Member States, accompanied by a summary in a language that is widely understood.

               (10)

               The Commission and the other Member States may comment on the draft decision. An effort should be made to reach consensus on the draft decision and the key reasoning underpinning the decision. In the event that the opinions of Member States diverge as to whether or not a product has a characterising flavour, the Commission should aim to establish consensus. In the absence of consensus, and where necessary to ensure that the prohibition laid down in Article 7(1) of Directive 2014/40/EU is applied uniformly, the Commission should proceed to make a determination as to the existence of a characterising flavour in the product concerned.

               (11)

               In view of the public health considerations underpinning the prohibition on products having a characterising flavour, and with due regard to the precautionary principle, it is appropriate for the initiating Member State to be able to adopt prohibition measures as soon as it is satisfied, in accordance with the procedure provided for in this Regulation, that a product has a characterising flavour. Nevertheless, where the Commission subsequently adopts a decision in respect of that product, the initiating Member State should then take immediate measures to ensure its law and practice is aligned with that decision in order that the prohibition laid down in Article 7(1) of Directive 2014/40/EU is applied uniformly throughout the Union.

               (12)

               Member States and the Commission should make publically available non-confidential versions of decisions adopted according to this Regulation. Due account should be given to requests that commercially sensitive information remain confidential. Where such requests are considered justified, the information concerned should only be communicated using secure means of data transmission.

               (13)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 25 of Directive 2014/40/EU,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   This Regulation lays down uniform rules as regards the procedures for determining whether a tobacco product has a characterising flavour.
   Article 2
   Definition
   For the purpose of this Regulation, ‘same product’ means products with the same ingredients in the same proportions in the tobacco blend composition, irrespective of the brand name or design.
   CHAPTER II

      INITIATION OF THE PROCEDURE

   Article 3
   Initiation by a Member State or the Commission
   1.   Where a Member State (‘the initiating Member State’) or the Commission considers that a tobacco product might have a characterising flavour, it may initiate the procedure for determining whether a tobacco product has a characterising flavour. A Member State may also request the Commission to initiate a procedure.
   2.   The Commission may initiate the procedure referred to in paragraph 1 even where one or more procedures were initiated or concluded by one or more Member States, in particular, when it is necessary to ensure the uniform application of Article 7 of Directive 2014/40/EU.
   Article 4
   Initial request to the manufacturer or importer
   1.   The initiating Member State or the Commission shall inform the manufacturer and importer of the product of its view that a tobacco product might have a characterising flavour and request the manufacturer or the importer to provide its assessment.
   2.   The manufacturer or importer shall reply to and submit its written observations to the request within a period of four weeks from the receipt of the request referred to in paragraph 1, or by another date agreed with the initiating Member State or the Commission as applicable. In its reply, the manufacturer or importer shall identify, to the extent possible, any other Member States in which the same product has been placed on the market. The manufacturer shall also set out the views of its parent company, where applicable. The importer shall also set out the views of the manufacturer.
   3.   The manufacturer or importer shall, in its reply under paragraph 2, indicate if it considers that same products placed on the market in other Member States have different flavours in one or more of the Member States concerned. In such a case, the manufacturer or importer shall set out the grounds upon which this claim is based.
   Article 5
   Initial coordination
   1.   Where the procedure has been initiated by a Member State, that State shall notify the Commission and all other Member States of the initiation of the procedure without delay.
   Where the Commission has initiated the procedure, it shall inform all the Member States of such initiation without delay.
   The initiating Member State or the Commission shall communicate the information received from the manufacturer or importer in accordance with Article 4(2) to the other Member States and, where applicable, the Commission.
   2.   Where a Member State has initiated a procedure, other Member States shall refrain from initiating a parallel procedure concerning the same product. Where procedures concerning the same product have already been initiated in two or more Member States, only the Member State in which the procedure was initiated first shall continue the procedure. By way of derogation, Member States concerned may agree that another Member State shall act as initiating Member State. All procedures initiated in Member States other than the initiating Member State shall be suspended pending the adoption of the decision by the initiating Member State.
   3.   Where the Commission has initiated a procedure all Member States shall refrain from initiating procedures and, except insofar as provided for in the second subparagraph of Article 9(3), all pending national procedures shall cease.
   4.   Information already gathered shall be exchanged between Member States and with the Commission, upon request.
   Article 6
   Assessment of the manufacturer or importer
   1.   Where the manufacturer or importer does not dispute that a tobacco product has a characterising flavour, it shall inform the initiating Member State or the Commission accordingly in its reply submitted pursuant to Article 4(2).
   Where, in its reply, the manufacturer or importer has not disputed that a tobacco product has a characterising flavour, or where it has failed to provide a reply in accordance with Article 4(2), the initiating Member State or the Commission, as applicable, may proceed to make a determination in accordance with Article 9 or 10 respectively in cases where it considers that the information at its disposal is sufficient to make a determination.
   Insofar as the Member State or the Commission considers it necessary to obtain further information in order to be able to make a conclusive determination on whether the product has a characterising flavour, it may gather further information in accordance with Article 7 before making a determination in accordance with Article 9 or 10.
   2.   Where the manufacturer or importer disputes that the product has a characterising flavour, the initiating Member State or the Commission shall continue the procedure in accordance with Articles 7 and 8.
   CHAPTER III

      INVESTIGATION

   Article 7
   Gathering of further information and consultation of the advisory panel
   1.   The initiating Member State or the Commission may request further information from the manufacturer or importer concerned, to be provided within a time limit to be specified in the request. It may also request information from other sources, exchange information with other Member States and, where applicable, the Commission and consult the independent advisory panel (hereafter the ‘panel’) established pursuant to Commission Implementing Decision (EU) 2016/786 (2).
   2.   Where the panel is consulted, it shall submit its opinion within the time-frame applicable under Article 10(6) of Implementing Decision (EU) 2016/786.
   Article 8
   Right for manufacturers and importers to submit observations
   1.   Where, on the basis of Article 6(2), the initiating Member State or the Commission has carried out further investigation under Article 7, and where having due regard to information obtained from that investigation, the initiating Member State or the Commission considers that a product has a characterising flavour it shall, before adopting a decision, provide the manufacturer or importer with an opportunity to submit written observations.
   The Member State or the Commission shall provide the manufacturer or importer with a summary of the grounds upon which the proposed decision is to be adopted. Where the panel was consulted, its opinion shall be made available to the manufacturer or importer. The manufacturer or importer shall have four weeks to submit its observations. That time limit may be extended by agreement with the initiating Member State or the Commission as applicable. In its observations the manufacturer shall also indicate, where applicable, whether its parent company has been consulted. The importer shall indicate whether the manufacturer has been consulted.
   2.   Where the initiating Member State or the Commission deems it necessary to gather additional information after receipt of the observations from the manufacturer or importer, it shall provide the manufacturer or importer with the additional information gathered and shall give it the opportunity to submit additional written observations.
   CHAPTER IV

      DETERMINATION

   Article 9
   Coordination before a decision is taken by a Member State
   1.   The initiating Member State shall, on the basis of the information at its disposal, including any information obtained in accordance with Articles 6, 7 and 8, as applicable, prepare a draft decision as to whether or not the product is to be regarded as having a characterising flavour prohibited under Article 7(1) of Directive 2014/40/EU.
   The draft decision shall be reasoned, having due regard to the opinion of the panel, where applicable, and other available information as appropriate.
   The initiating Member State shall submit that draft decision to the Commission and the other Member States. It shall also submit the opinion of the panel, in case the panel was consulted, and provide details, to the extent possible, of any other Member States in which the same product has been placed on the market.
   The final decision may only be adopted after a period of four weeks has elapsed since the submission of the draft decision. That period may be extended by agreement between the initiating Member State and the Commission.
   2.   The Commission and the other Member States may provide comments on the draft decision within a period of three weeks from the submission of the draft decision. Any objections to the conclusion reached in the draft decision shall be duly justified.
   3.   The initiating Member State shall consider the comments received. In the event of divergence as to whether or not a product has a characterising flavour, the initiating Member State, the other Member States and the Commission, as applicable, shall endeavour to reach consensus. In the absence of consensus, where it is considered necessary to ensure the uniform application of Article 7(1) of Directive 2014/40/EU, the Commission shall initiate the procedure in accordance with Article 3(1).
   The initiation of the procedure by the Commission in accordance with the first subparagraph shall not affect the entitlement of the initiating Member State to proceed to adopt a decision prohibiting the product on the basis of Article 7(1). In that case, the initiating Member State shall notify the decision to the manufacturer or importer. It shall also submit a copy of the decision to the other Member States and the Commission, as appropriate, highlighting, to the extent possible, the Member State(s) in which the same product is placed on the market. Once the Commission has adopted its decision, the Member State shall immediately take any measures necessary to ensure that its national law complies with that decision.
   4.   In the event that the Member States and Commission have not submitted objections in respect of the draft decision of the initiating Member State, that State shall adopt the decision and notify it to the manufacturer or importer. A copy shall be made available to the other Member States and the Commission, as appropriate, highlighting, to the extent possible, the Member State(s) in which the same product is placed on the market.
   Article 10
   Decision by the Commission
   1.   Where the manufacturer or importer has informed the Commission that it does not dispute that a tobacco product has a characterising flavour, or where the manufacturer has not provided a reply in accordance with Article 4(2), the Commission shall, having due regard to information available at its disposal including any additional information or data obtained under Article 7, adopt a decision pursuant to Article 7(2) of Directive 2014/40/EU on whether or not a product has a characterising flavour.
   2.   Where on the basis of Article 6(2), the Commission has proceeded to carry out an in-depth investigation in accordance with Articles 7 and 8, it shall, on the basis of the information obtained as a result of that investigation, adopt a decision pursuant to Article 7(2) of Directive 2014/40/EU on whether or not a product has a characterising flavour.
   Article 11
   Parallel procedures
   1.   As soon as the initiating Member State has adopted a decision, the suspended national procedures relating to the same product may resume. If a Member State where the same product is placed on the market does not agree with the decision of the initiating Member State, it shall communicate its position to the Commission. The Commission shall consult the initiating Member State and the other Member States where the same product is placed on the market. If, based on this consultation, it is considered necessary to ensure the uniform application of Article 7(1) of Directive 2014/40/EU, the Commission shall initiate a procedure in accordance with Article 3(1).
   2.   Where the Commission has taken a decision, all Member States shall ensure that the decision is adequately implemented.
   CHAPTER V

      INFORMATION

   Article 12
   Confidential information
   1.   In their communications, manufacturers and importers may request that certain information be kept confidential on the grounds that it constitutes a trade secret or is otherwise commercially sensitive. In such case, they shall clearly identify the information concerned and set out the reasons justifying their request.
   2.   Where the request is considered justified, the Member States and the Commission shall ensure that the information received on the basis of this regulation is adequately protected. All communication of such information shall take place using mechanisms that permit the secure transmission of confidential information.
   Article 13
   Publication of decisions
   The Member States and the Commission shall make publically available non-confidential versions of all decisions adopted pursuant to this Regulation.
   CHAPTER VI

      FINAL PROVISIONS

   Article 14
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 May 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 127, 29.4.2014, p. 1.

      (2)  Commission Implementing Decision (EU) 2016/786 of 18 May 2016 laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavours (see page 79 of this Official Journal).