title: Commission Implementing Regulation (EU) 2020/431 of 16 March 2020 entering a name in the register of protected designations of origin and protected geographical indications ‘Cereja do Fundão’ (PGI)

text:
                  24.3.2020

                  EN

                  Official Journal of the European Union

                  L 88/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/431
         of 16 March 2020
         entering a name in the register of protected designations of origin and protected geographical indications
         ‘Cereja do Fundão’ (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Portugal’s application to register the name ‘Cereja do Fundão’ 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 ‘Cereja do Fundão’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 March 2020.

                  For the Commission

               Janusz WOJCIECHOWSKI

                  On behalf of the President

                  Member of the Commission

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

            (2)  OJ C 371, 4.11.2019, p. 19.

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


title: Commission Implementing Regulation (EU) 2020/443 of 25 March 2020 authorising the change of the specifications of the novel food spermidine-rich wheat germ extract (Triticum aestivum) under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

text:
                  26.3.2020

                  EN

                  Official Journal of the European Union

                  L 92/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/443
         of 25 March 2020
         authorising the change of the specifications of the novel food spermidine-rich wheat germ extract (Triticum aestivum) under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

                     (2)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on the updating of the Union list.

                     (4)

                     On 6 December 2017, the company TLL The Longevity Labs GmbH (‘the applicant’), informed the Commission in accordance with Article 5 of Regulation (EC) No 258/97 of the European Parliament and of the Council (3) of its intention to place on the market spermidine-rich wheat germ extract (Triticum aestivum) as a novel food ingredient. Therefore, spermidine-rich wheat germ extract was included in the Union list of novel foods.

                     (5)

                     On 6 August 2019, the applicant made a request to the Commission to change the specifications of spermidine-rich wheat germ extract in accordance with Article 10(1) of Regulation (EU) 2015/2283. The applicant requested to increase the level of cadaverine from the current < 0,1 μg/g to ≤ 16,0 μg/g.

                     (6)

                     The applicant justifies the request by indicating that the change is necessary in order to reflect the natural levels of up to ≤ 16,0 μg/g of cadaverine that are analytically detectable in the wheat germ of the Triticum aestivum plant. The currently authorised level of < 0,1 μg/g cadaverine in spermidine-rich wheat germ extract represents the limit of detection with the analytical method that the applicant had erroneously included in the initial notification as the specification limit for cadaverine, and which was subsequently included in the Union list specifications of this novel food.

                     (7)

                     Cadaverine is a diamine which together with histamine, tyramine, and putrescine belong to the class of the biogenic amines that are naturally formed as the result of bacterial metabolism of proteins.

                     (8)

                     The health risks of biogenic amines were evaluated by the European Food Safety Authority (‘the Authority’) in 2011 (4). In the scientific opinion, the Authority noted that analytical information and food consumption data from the Member States has shown that cadaverine is present in a number of foods (alcoholic beverages, condiments, fish and fish products, meats, dairy products, vegetables and vegetable products) at mean levels up to 184 mg/kg of food with the resulting intakes reaching up to 116,1 mg of cadaverine per day.

                     (9)

                     Considering that the proposed maximum levels of cadaverine in the novel food and the resulting intakes on the basis of the authorised conditions of use of the novel food will be at least three orders of magnitude lower than the levels of cadaverine that are ingested from a normal diet, the Commission considers that the proposed changes in the cadaverine levels in the specifications of the spermidine-rich wheat germ extract do not alter the safety considerations that supported the authorisation of this novel food, and that a safety evaluation of the current application by the Authority in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary. Therefore, it is appropriate to amend the specifications of the novel food spermidine-rich wheat germ extract at the level for cadaverine requested by the applicant.

                     (10)

                     The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly.

                     (11)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The entry in the Union list of authorised novel foods, as provided for in Article 6 of Regulation (EU) 2015/2283 and included in Implementing Regulation (EU) 2017/2470, referring to the novel food spermidine-rich wheat germ extract (Triticum aestivum), is amended as specified in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 25 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (3)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients. OJ L 43, 14.2.1997, p. 1.

            (4)  EFSA Journal 2011;9(10):2393.

            ANNEX
            In the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘Spermidine-rich wheat germ extract (Triticum aestivum)’ in Table 2 (Specifications) is replaced by the following:

                           Authorised Novel Food

                           Specifications

                           ‘Spermidine-rich wheat germ extract (Triticum aestivum)

                              Description/Definition:

                           Spermidine-rich wheat germ extract is obtained from non-fermented, non-sprouting wheat germs (Triticum aestivum) by the process of solid-liquid extraction targeting specifically, but not exclusively polyamines.
                           Spermidine:(N-(3-aminopropyl)butane-1,4-diamine):0,8-2,4 mg/g
                           Spermine: 0,4-1,2 mg/g
                           Spermidine trichloride < 0,1 μg/g
                           Putrescine: < 0,3 mg/g
                           Cadaverine: ≤ 16,0 μg/g

                              Mycotoxins:

                           Aflatoxins (total): < 0,4 μg/kg

                              Microbiological criteria:

                           Total aerobic bacteria: < 10 000  CFU/g
                           Yeast and moulds: < 100 CFU/g

                              Escherichia coli: < 10 CFU/g

                              Salmonella: Absence/25g

                              Listeria monocytogenes: Absence/25g’


title: Commission Implementing Regulation (EU) 2020/444 of 25 March 2020 invalidating invoices issued by Wuxi Suntech Power Co. Ltd in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570

text:
                  26.3.2020

                  EN

                  Official Journal of the European Union

                  L 92/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/444
         of 25 March 2020
         invalidating invoices issued by Wuxi Suntech Power Co. Ltd in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Articles 8 and 14 thereof,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), and in particular Articles 13 and 24 thereof,
         Having regard to Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 (3) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China, and in particular Article 3 thereof,
         Having regard to Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 (4) imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China, and in particular Article 2 thereof,
         Having regard to Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 (5) imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037,
         Having regard to Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 (6) imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036,
         Having regard to Commission Implementing Regulation (EU) 2017/1570 of 15 September 2017 (7) amending Implementing Regulation (EU) 2017/366 and Implementing Regulation (EU) 2017/367 imposing definitive countervailing and anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China and repealing Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China for the period of application of definitive measures,
         Whereas:
         A.   UNDERTAKING AND OTHER MEASURES

                     (1)

                     By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells (‘the product concerned’) originating in or consigned from the People’s Republic of China (the ‘PRC’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the product concerned.

                     (2)

                     The China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘the CCCME’) submitted, on behalf of a group of exporting producers, including their related parties, a price undertaking to the Commission. By Decision 2013/423/EU (8), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. Following the notification of an amended version of the price undertaking by a group of exporting producers together with the CCCME, the Commission confirmed by Decision 2013/707/EU of 4 December 2013 (9) the acceptance of the price undertaking as amended for the period of application of anti-dumping and countervailing definitive measures (‘the undertaking’). The undertaking was accepted, inter alia, for Wuxi Suntech Power Co. Ltd covered by the TARIC additional code B796 (‘Wuxi Suntech’).

                     (3)

                     The Commission also adopted a Decision clarifying the implementation of the undertaking (10) and 15 regulations withdrawing the acceptance of the undertaking for several exporting producers and, where applicable, invalidating undertaking invoices (11).

                     (4)

                     By Implementing Regulations (EU) 2016/185 (12) and (EU) 2016/184 (13), the Commission extended the definitive anti-dumping and countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan with the exception of a number of genuine producers.

                     (5)

                     By Implementing Regulation (EU) 2017/367 (the ‘expiry review anti-dumping Regulation’), the Commission extended the definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC following an expiry review and terminating the partial interim review investigation pursuant to respectively, Article 11(2) and Article 11(3) of Regulation (EU) 2016/1036 (the ‘basic anti-dumping Regulation’).

                     (6)

                     By Implementing Regulation (EU) 2017/366 (the ‘expiry review anti-subsidy Regulation’), the Commission extended a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC following an expiry review and terminating the partial interim review investigation pursuant to respectively, Article 18(2) and Article 19(3) of Regulation (EU) 2016/1037 (the ‘basic anti- subsidy Regulation’).

                     (7)

                     By Implementing Regulation (EU) 2017/1570 (the ‘repeal Regulation’) the Commission repealed the undertaking.

                     (8)

                     By Notices 2018/C 310/06 (14) and 2018/C 310/07 (15) the Commission gave notice that the anti-dumping duty and the anti-subsidy duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC expired on 3 September 2018.

               B.   TERMS OF THE UNDERTAKING

                     (9)

                     Under the terms of the undertaking, the exporting producers agreed, inter alia, not to sell the product concerned to the first independent customer in the Union below a certain minimum import price (‘the MIP’). The MIP was subject to a quarterly adjustment mechanism by reference to international spot prices of modules as reported by the Bloomberg database.

                     (10)

                     The exporting producers also agreed to sell the product concerned only by means of direct sales. For the purpose of the undertaking, a direct sale was defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking.

                     (11)

                     The undertaking terms also detailed the exporter’s reporting obligations to the Commission and that non-compliance with these obligations constituted a breach of the undertaking.

                     (12)

                     The undertaking reporting obligations stipulated that each exporter submitted to the Commission, inter alia, quarterly reports of its direct sales to independent customers in the Union, of its sales to related parties, as recorded in the undertaking, in the Union and of the sales of its related parties, as recorded in the undertaking, to the first independent customer in the Union. This implied that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully complied with the terms of the undertaking. Reporting of re-sales in the Union was a particular obligation when the product concerned was sold to the first independent customer through a related importer, as recorded in the undertaking. Only these reports enabled the Commission to monitor whether the re-sale price of the related importer to the first independent customer was in accordance with the MIP.

                     (13)

                     According to the undertaking, each exporting producer would also be liable for the breach of any of its related parties, whether or not listed in the undertaking.

                     (14)

                     Similarly, the exporting producers undertook to consult the Commission regarding any difficulties or questions, technical or otherwise, which might arise during the implementation of the undertaking.

               C.   REPEAL OF THE UNDERTAKING

                     (15)

                     The undertaking was initially accepted from more than 120 companies/company groups. In the meantime, the Commission withdrew its acceptance of the undertaking for 19 companies. Seventeen of these were found to have breached the undertaking while the remaining two companies had business models that made it impracticable to monitor their compliance with the undertaking. In addition, 16 other Chinese companies voluntarily withdrew from the undertaking.

                     (16)

                     By the repeal Regulation, the Commission repealed the undertaking and introduced a variable duty in the form of a minimum import price (‘the variable duty MIP’). The variable duty MIP had the effect that eligible imports with a declared value at, or above, the MIP would not be subject to duties. In addition, the customs authorities would levy duties immediately if the product is imported at a price below the variable duty MIP. The repeal Regulation entered into force on 1 October 2017, and hence is applicable ratione temporis only to imports that take place on or after that date.

                     (17)

                     At the time of entry into force of the repeal Regulation on 1 October 2017, the Commission continued to conduct investigations concerning the compliance with the undertaking for undertaking invoices issued prior to that date, and considered appropriate to open new investigations for invoices issued while the undertaking was still in force. For those investigations, a customs debt would be incurred at the time of acceptance of the declaration for release into free circulation: (a) whenever established, in respect of imports invoiced by companies subject to the undertaking, that one or more of the conditions of the undertaking were not fulfilled; or (b) when the Commission finds that the undertaking was breached, in a regulation or decision which refers to particular transactions and declares the relevant undertaking invoices as invalid. Similarly, invoices issued prior to 1 October 2017 under the old regime, which were relied upon as commercial invoices for imports on or after 1 October 2017, may be invalidated.

                     (18)

                     By Implementing Regulation (EU) 2018/1551 (16) and Implementing Regulation (EU) 2019/1329 (17), the Commission invalidated invoices issued by three exporting producers in breach of the undertaking while it was still in force.

               D.   MONITORING OF THE EXPORTING PRODUCERS

                     (19)

                     On the basis of Articles 8(7), 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(7), 13(9) and 24(7) of the basic anti-subsidy Regulation, the Commission became aware of evidence presented by Wuxi Suntech before the German customs authorities regarding its compliance with the undertaking. The Commission further analysed information submitted to it by Wuxi Suntech under its reporting obligations.

                     (20)

                     The findings listed in recitals (21) to (23) below address the alleged breaches by Wuxi Suntech of the undertaking while it was still in force.

               E.   GROUNDS FOR THE INVALIDATION OF UNDERTAKING INVOICES

                     (21)

                     While the undertaking was in force Wuxi Suntech had three related importers in the Union, namely Suntech Power Deutschland GmbH (‘Suntech Deutschland’) in Germany, Suntech Power Italy Co, Srl (‘Suntech Italy’) in Italy, and Suntech Europe France (‘Suntech France’) in France. Those companies are recorded in the undertaking as related parties to Wuxi Suntech. Wuxi Suntech never requested that the undertaking be withdrawn for those related parties.

                     (22)

                     In 2018, in the context of court case C-226/18 (18), it became known to the Commission that several invoices from Wuxi Suntech to Suntech Deutschland dated from 2014 were presented for customs clearance in Germany without ever being reported to the Commission as re-sales in the framework of the undertaking, thus breaching the provisions of the undertaking as described in recitals (9) and (12) above.

                     (23)

                     Further to a detailed examination performed in its undertaking monitoring system, the Commission has identified 28 transactions from Wuxi Suntech to Suntech Deutschland, two transactions from Wuxi Suntech to Suntech Italy, and eight transactions from Wuxi Suntech to Suntech France that were not reported at resales level (19) as required under the terms of the undertaking.

               F.   RELEVANT UNDERTAKING INVOICES

                     (24)

                     The sales transactions made by Wuxi Suntech in breach of the undertaking (recitals (21)-(23)) are linked to the following undertaking invoices:

                                 Number of Commercial invoice accompanying goods subject to an undertaking

                                 Date

                                 SFDE20140601~0640

                                 30.6.2014

                                 SFDE20140245~0284

                                 30.6.2014

                                 SFDE20140165~0204

                                 30.6.2014

                                 SFDE20140001~0002

                                 13.6.2014

                                 SFDE20140005~0044

                                 30.6.2014

                                 SFDE20140481~0520

                                 30.6.2014

                                 SFDE20140045~0084

                                 30.6.2014

                                 SFDE20140365~0404

                                 30.6.2014

                                 SFDE20140285~0324

                                 30.6.2014

                                 SFDE20140561~0600

                                 30.6.2014

                                 SFDE20140325~0364

                                 30.6.2014

                                 SFDE20140721~0760

                                 30.6.2014

                                 SFDE20140125~0164

                                 30.6.2014

                                 SFDE20140761~0800

                                 30.6.2014

                                 SFDE20140445~0480

                                 30.6.2014

                                 SFDE20140641~0680

                                 30.6.2014

                                 SFDE20140521~0560

                                 30.6.2014

                                 SFDE20140205~0244

                                 30.6.2014

                                 SFDE20140681~0720

                                 30.6.2014

                                 SFDE20140405~0444

                                 30.6.2014

                                 SFDE20140085~0124

                                 30.6.2014

                                 SFDE20140003~0004

                                 11.7.2014

                                 REF0001~0040

                                 19.9.2014

                                 REF_EXWX0023~0027

                                 19.9.2014

                                 REF_EXWX0001~0022

                                 19.9.2014

                                 0308001312-009

                                 21.5.2014

                                 0308001312-015

                                 17.7.2014

                                 Lavansol201400001

                                 13.3.2014

               G.   WRITTEN SUBMISSIONS AND HEARINGS

                     (25)

                     Interested parties were informed of the findings, in particular the intention to invalidate the undertaking invoices. Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation.

                     (26)

                     Wuxi Suntech made written submissions on 29 July 2019, 4 September 2019, 26 September 2019, 20 January 2020 and 3 March 2020.

                     (27)

                     On 28 August 2019 and 7 February 2020, hearings took place with the Commission services following a request of Wuxi Suntech.

                     (28)

                     Wuxi Suntech claimed its ownership changed on 11 March 2014 when, following a restructuring plan approved by a Chinese Intermediate People’s Court, Jiangsu Shunfeng Photovoltaic Technology Co., Ltd, a subsidiary of Shunfeng Photovoltaic International Limited (20), acquired all Wuxi Suntech’s shares.

                     (29)

                     According to Wuxi Suntech, this shareholding restructuring removed Suntech Power Holdings Co., Ltd (‘Suntech Holdings’) (21) as Wuxi Suntech’s ultimate holding company. Since Suntech Holdings was also the ultimate owner of Suntech France, Suntech Deutschland and Suntech Italy, Wuxi Suntech submits that, as from 11 March 2014, these European companies ceased to be related to Wuxi Suntech. Consequently, from that moment on, Wuxi Suntech was under no obligation to report the transactions at stake as re-sales in the framework of the undertaking. Wuxi Suntech submits it did not breach its reporting obligations under the undertaking.

                     (30)

                     Wuxi Suntech further claimed that it informed the Commission about this ownership change. According to it, Wuxi Suntech, already in December 2013, through its counsel, informed the Commission about an impending change in the company structure. It derived this understanding from an email of 6 January 2014, which mentioned a December 2013 communication without providing further details on this point. Wuxi Suntech continued that, on 22 May 2014, via a reply to a name change questionnaire sent to it by the Commission, Wuxi Suntech informed the Commission that it was no longer related to the three companies in Europe.

                     (31)

                     Furthermore, according to Wuxi Suntech, its notification obligation set out in clause 5.16 of the undertaking as regards the changes to its corporate structure was duly complied with at the very latest by its disclosure of information of 22 May 2014.

                     (32)

                     As an alternative argument, Wuxi Suntech submitted that the Commission could not invalidate undertaking invoices and order an alleged retroactive collection of duties on past imports already released to free circulation. According to Wuxi Suntech, retroactive collection of anti-dumping and countervailing duties without having registered and re-imposed a provisional duty on those imports beforehand would be a violation of Article 8(1), (9) and (10) and Article 10(5) of the basic anti-dumping Regulation and of Article 13(1), (9) and (10) and Article 16(5) of the basic anti-subsidy Regulation.

                     (33)

                     Lastly, Wuxi Suntech submitted that even if the Commission could impose duties retroactively, the enabling provisions of Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366) expired and were revoked by Implementing Regulation (EU) 2017/1570, meaning that there is no legal provision permitting today the invalidation of undertaking invoices.

                     (34)

                     The Commission considered the comments submitted by the exporting producer and addressed them below.

                     (35)

                     The Commission first addressed the claim according to which Suntech France, Suntech Deutschland and Suntech Italy were not related parties of Wuxi Suntech since 11 March 2014, and that therefore the company was under no obligation to report resales. In support of its claim, Wuxi Suntech attached a circular of 21 March 2014 (22) by which the Hong Kong Exchange and Clearing Limited and the Stock Exchange of Hong Kong Limited (‘HK stock exchange’) made known to the shareholders of Shunfeng Photovoltaic International Limited a proposed ‘acquisition of equity interests in Wuxi Suntech’ (‘the acquisition’).

                     (36)

                     According to that circular, the acquisition was subject to two conditions: a) that it was approved by the Chinese court, which indeed happened on 15 November 2013, and b) that it was approved by the shareholders in a general meeting that took place on 7 April 2014. As described in the circular, only after the shareholders’ vote would the acquisition become effective.

                     (37)

                     The circular of 21 March 2014 was first brought to the attention of the Commission on 29 July 2019, as Annex 5 of Wuxi Suntech’s submissions of the same date. The confirmation that the general meeting indeed took place on 7 April 2014 was brought later to the attention of the Commission following the Commission’s request at the hearing that took place on 28 August 2019. Wuxi Suntech submitted evidence of the date when that shareholders meeting took place only on 4 September 2019, by way of annex 4 to an email sent by the counsel of Wuxi Suntech of the same date.

                     (38)

                     However, the Commission is under no obligation to monitor on its own motion changes in corporate structure of companies having provided an undertaking. Rather, it clearly follows from clauses 5.16 and 9.6 of the undertaking that it is the duty of the relevant company to inform the Commission of such changes and to comply with the undertaking until the actual undertaking has been modified so as to incorporate the change, i.e. until the names of the formerly-related companies have been removed from the undertaking.

                     (39)

                     Therefore, regardless of the actual date in which the acquisition took place, it remains essential to assess whether Wuxi Suntech fulfilled the obligations undertaken under clauses 5.16 and 9.6 of the undertaking.

                     (40)

                     The Commission first observed that it was only informed of the fact that Wuxi Suntech was no longer related to Suntech France, Suntech Deutschland and Suntech Italy on 22 May 2014. Hence, at the very least for the invoices of 13 March 2014 and 21 May 2014, there can be no doubt that there has been a violation of the reporting obligations.

                     (41)

                     The Commission considers that Wuxi Suntech remained also bound by its reporting obligations for the time after 22 May 2014. As a matter of fact, the three related companies have never formally been removed from the undertaking. Hence, Wuxi Suntech remained bound to report on them until 1 October 2017.

                     (42)

                     Clause 5.16 of the undertaking sets out that the CCCME and the company undertake to notify immediately the Commission of any changes to its corporate structure, which occur during the period of application of the undertaking. It further states that the company understands that such changes may give raise to the need to modify certain aspects of the undertaking.

                     (43)

                     According to clause 9.6 of the undertaking, annexes are an integral part of the undertaking. Annex IX to the undertaking, in particular, exhaustively listed all the exporters’ related parties in the Union.

                     (44)

                     A combined reading of these two provisions leads to the conclusion that Wuxi Suntech’s legal obligations vis-à-vis the undertaking remained in place until its previously related companies in the Union were removed from it, and a new, updated annex IX entered into force. Only then would the legal situation change in terms of allowing Wuxi Suntech to stop reporting resales. Such change never occurred.

                     (45)

                     According to the documents submitted by Wuxi Suntech, the preparations for the acquisition started in October 2013 before the Commission accepted the undertaking offer at definitive stage in December 2013. Previously, in July 2013, Wuxi Suntech – through the CCCME – had already submitted its signed undertaking offer. It did not change that undertaking offer before the Commission accepted the offer at definitive stage. The three companies were listed therein as related companies and there was no indication of a possible impending change in the company structure.

                     (46)

                     The acceptance of the undertaking created a direct, clear, and dedicated communication channel between exporters and the Commission services for the purposes of the specific obligations arising from the undertaking. This communication channel was a functional mailbox included in the undertaking text (23) although a direct contact with the official in charge of the undertaking was also set up as an option in the undertaking text. Wuxi Suntech was, consequently aware that its communication as regards the undertaking would have to occur through the functional mailbox or direct contact with the official in charge of the undertaking. However, Wuxi Suntech never used those channels of communication to mention, or inform the Commission of, any change in its company structure.

                     (47)

                     Instead, Wuxi Suntech opened up a new channel of communication: it argued that, already in December 2013, it contacted the Commission’s team in charge of the original anti-dumping and anti-subsidy investigations to preliminarily indicate impending changes in the structure of Wuxi Suntech. Wuxi Suntech provided no evidence to support this communication or to evidence which information was exchanged but merely relied on an email of 6 January 2014, which referred to that December 2013 communication.

                     (48)

                     On 6 January 2014, Wuxi Suntech sent to the dedicated functional mailbox for the original anti-dumping and anti-subsidy investigations (24) an email to request a ‘particular questionnaire/name change questionnaire’. The Commission services replied by sending an adapted ‘name change’ questionnaire to Wuxi Suntech, as is usually done when a name change is requested. On 14 January 2014, by email, Wuxi Suntech then provided further explanation regarding the change to its company structure. That email was subsequently followed, on 22 May 2014, by a reply containing the completed ‘name change’ questionnaire. That questionnaire for the first time mentioned the complete new corporate structure and clarified that Wuxi Suntech’s former three related companies in the Union were no longer related to it.

                     (49)

                     In March 2014, Wuxi Suntech unilaterally decided to stop reporting the resales of Suntech France, Suntech Deutschland and Suntech Italy to the Commission. However, Wuxi Suntech never asked for the companies in Europe to be removed from the undertaking text, via neither of the two communication channels.

                     (50)

                     That unilateral decision without the three European companies ever being removed from the undertaking was contrary to the agreed terms of the undertaking. The legal obligation set out in clause 5.16 of the undertaking was only complied with when the previously related companies in the European Union were removed from the undertaking text. Until then, Wuxi Suntech’s reporting obligations were maintained. It was for companies undergoing corporate structure changes to handle the contractual risks and consequences of those changes. The burden of handling those was not on the Commission’s side.

                     (51)

                     The completion of the acquisition, the date in which it allegedly took place and the consequences for the functioning of the undertaking were issues that needed to be brought to the attention of the Commission in order to justify such a change in the undertaking. Until the Commission had taken a decision on accepting a change of the terms of the undertaking, Wuxi Suntech needed to abide by its terms, including reporting for companies recorded as related in the undertaking. Furthermore, insofar as the acquisition gave rise to the need to modify the undertaking it was up to Wuxi Suntech to initiate such a change.

                     (52)

                     The Commission therefore took the view that the transactions from Wuxi Suntech to Suntech Deutschland, Suntech Italy, and Suntech France mentioned in recital (23) should have been reported at resales level. This non reporting constituted a breach of the undertaking.

                     (53)

                     In any case, and only for the sake of the argument, regardless of the exact date in which the acquisition took place, at least the resales regarding the invoices issued prior to 22 May 2014 should have been reported. This is because they precede the date in which the company informed the team in charge of the original investigation that it was no longer related to the three companies in the Union. The first claim was thus rejected.

                     (54)

                     As regards the claim of alleged retroactivity of the imposition of measures, the Commission noted that, according to Article 8(10) of the basic anti-dumping Regulation and Article 13(10) of the basic anti-subsidy Regulation, a provisional duty may only be imposed where the investigation that led to the undertaking has not been completed. These provisions however do not apply in a scenario such as the present.

                     (55)

                     This case concerns a lifting of the temporary non-payment of anti-dumping and countervailing duties because the conditions for the continuation of that non-payment were no longer found to hold true.

                     (56)

                     The Commission recalls that, pursuant to its Decision 2013/423/EU, breaches of the undertaking could refer to particular transactions (25). Those transactions in breach of the undertaking materialised themselves in invoices that need to be invalided by the Commission. This allows the customs authorities of the Member States to collect the full customs debt. This is without prejudice of the possibility for customs authorities to collect those duties independently from the formal finding of a breach of the undertaking by the Commission, based on the general rules of Implementing Regulation (EC) No 1238/2013 and Implementing Regulation (EC) No 1239/2013.

                     (57)

                     Through the invalidation, the Commission notifies the customs authorities of the Member States that the temporary non-collection of the applicable anti-dumping and countervailing duties is lifted, and that the individual duties have to be collected for the imports concerned. In those circumstances, the definitive duties put in place by Article 9(4) of the basic anti-dumping Regulation and 14(4) of the basic anti-subsidy Regulation kick in and apply.

                     (58)

                     The collection of duties that should have been due all along is not a violation of the principle of non-retroactivity, or, for that matter, a violation of the principle of legitimate expectations: Wuxi Suntech was subject to the situation of not breaching the conditions undertaken, and, in return, benefit from the temporary non-collection of the anti-dumping and countervailing duties. Since it did not respect those conditions, it cannot claim to have acquired legitimate expectations from a situation that was capable of being altered under certain circumstances. The claim of alleged retroactivity was rejected.

                     (59)

                     Lastly, the Commission addressed the claim according to which Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366) expired and were revoked by Implementing Regulation (EU) 2017/1570. Consequently, Wuxi Suntech submitted that there was no legal basis anymore to allow for the invalidation of undertaking invoices.

                     (60)

                     The Commission explained that the breach of the undertaking occurred during the period of application of the undertaking.

                     (61)

                     As mentioned in recital (17) above, recital (54) of Implementing Regulation (EU) 2017/1570 states: ‘The Commission continues to conduct investigations concerning the compliance with the price undertaking and may open new investigations for goods that were released for free circulation while the price undertaking was still in place. For those investigations, Articles 2 and 3 of Implementing Regulations (EU) 2017/366 and (EU) No 2017/367 remain the applicable law. In particular, a customs debt will be incurred at the time of acceptance of the declaration for release into free circulation: (a) whenever it is established, in respect of imports invoiced by companies subject to the undertaking, that one or more of the conditions of the undertaking was not fulfilled; or (b) when the Commission finds that the undertaking was breached in a regulation or decision which refers to particular transactions and declares the relevant undertaking invoices as invalid. The Commission further considered that an exporting producer which is found to have breached the undertaking should not benefit from the variable duty MIP, even if these findings are made after the termination of the price undertaking. In those kind of cases, the variable duty MIP should no longer be applicable. The Commission should then remove the names of the respective company (ies) from the new Annex VI and the new Annex 5 by the same legal act in which the non-compliance is established.’

                     (62)

                     In that regard, the Commission observed that it derives the power to invalidate undertaking invoices from Article 14 of the basic anti-dumping Regulation and Article 24 of the basic anti-subsidy Regulation. Furthermore, the Commission implementing regulation that invalidates invoices only states the legal consequence of the breach of the undertaking, which follows directly from Article 8 of the basic anti-dumping Regulation and Article 13 of the basic anti-subsidy Regulation. Those powers are recorded again in Article 2 of Implementing Regulation (EU) 2017/366, Article 2 of Implementing Regulation (EU) 2017/367, as well as Article 3 of Implementing Regulation (EU) No 1238/2013 and Article 2 of Implementing Regulation (EU) No 1239/2013.

                     (63)

                     Since the breach at stake manifested itself at a point in time prior to the entry into force of the repeal Regulation, the Commission is in a position to invalidate the undertaking invoices by virtue of the application of Articles 8 and 14 of the basic anti-dumping Regulation, Articles 13 and 24 of the basic anti-subsidy Regulation, Article 3 of Implementing Regulation (EU) No 1238/2013, Article 2 of Implementing Regulation (EU) 2017/367, Article 2 of Implementing Regulation (EU) No 1239/2013, and Article 2 of Implementing Regulation (EU) 2017/366. The fact that the Commission did not become aware of that breach until after the repeal of those provisions by Implementing Regulation (EU) 2017/1570 does not undermine the need for the effective application of those rules and the requirement to invalidate the invoices as of the point in time at which the breach occurred. The argument was, therefore, rejected.

               H.   BREACH OF THE UNDERTAKING AND IMPOSITION OF DEFINITIVE DUTIES

                     (64)

                     In accordance with Article 8(7) and 8(9) of the basic anti-dumping Regulation, Article 13(7) and 13(9) of the basic anti-subsidy Regulation and in accordance with the terms of the undertaking, the Commission concluded that Wuxi Suntech breached the undertaking while it was still in force.

                     (65)

                     Therefore, in accordance with Articles 8(7), 8(9) and 14 of the basic anti-dumping Regulation, Articles 13(7), 13(9) and 24 of the basic anti-subsidy Regulation, Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 in force at the time of acceptance of the customs declaration for release into free circulation, Wuxi Suntech’ invoices listed in recital (24) are declared invalid.

                     (66)

                     It falls to the national customs authorities to assess whether the applicable limitation periods have expired in line with the rules contained in Articles 221 of Regulation (EEC) No 2913/92 (26) and 103 of Regulation (EU) No 952/2013 (27). Those rules being substantive rules, their application ratione temporis depends on the date of entry into free circulation of the goods (28).

                     (67)

                     The customs debt incurred at the time of acceptance of the declaration for release for free circulation should be recovered and entered in the accounts by the national customs authorities in accordance with Articles 218 et seq of Regulation (EEC) No 2913/92 and Article 105 of Regulation (EU) No 952/2013.

                     (68)

                     The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected.

                     (69)

                     Where the customs authorities of the Member States conclude that there has been such a violation or that the MIP has not been respected, they should collect the duties as a consequence thereof.

                     (70)

                     In order to facilitate the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings on the basis of Article 4(3) of the Treaty on the Functioning of the European Union,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The undertaking invoices listed in the Annex are declared invalid.

               2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 shall be collected, except where the applicable limitation periods have expired in line with the rules contained in Articles 221 of Regulation (EEC) No 2913/92 (29) and 103 of Regulation (EU) No 952/2013 (30).

            Article 2

               1.   Where the customs authorities of the Member States have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of the Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by Wuxi Suntech Power Co. Ltd prior to the entry into force of this regulation does not correspond to the price paid and that therefore the company may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price on the day when the undertaking invoice was issued.

               2.   Where the verification referred to in paragraph 1 reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.

               3.   The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.

            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 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  OJ L 176, 30.6.2016, p. 55.

            (3)  OJ L 325, 5.12.2013, p. 1.

            (4)  OJ L 325, 5.12.2013, p. 66.

            (5)  OJ L 56, 3.3.2017, p. 1.

            (6)  OJ L 56, 3.3.2017, p. 131.

            (7)  OJ L 238, 16.9.2017, p. 22.

            (8)  OJ L 209, 3.8.2013, p. 26.

            (9)  OJ L 325, 5.12.2013, p. 214.

            (10)  OJ L 270, 11.9.2014, p. 6.

            (11)  Commission Implementing Regulations (EU) 2015/866 (OJ L 139, 5.6.2015, p. 30), (EU) 2015/1403 (OJ L 218, 19.8.2015, p. 1), (EU) 2015/2018 (OJ L 295, 12.11.2015, p. 23), (EU) 2016/115 (OJ L 23, 29.1.2016, p. 47), (EU) 2016/1045 (OJ L 170, 29.6.2016, p. 5), (EU) 2016/1382 (OJ L 222, 17.8.2016, p. 10), (EU) 2016/1402 (OJ L 228, 23.8.2016, p. 16), (EU) 2016/1998 (OJ L 308, 16.11.2016, p. 8), (EU) 2016/2146 (OJ L 333, 8.12.2016, p. 4), (EU) 2017/454 (OJ L 71, 16.3.2017, p. 5), (EU) 2017/941 (OJ L 142, 2.6.2017, p. 43), (EU) 2017/1408 (OJ L 201, 2.8.2017, p. 3), (EU) 2017/1497 (OJ L 218, 24.8.2017, p. 10), (EU) 2017/1524 (OJ L 230, 6.9.2017, p. 11), (EU) 2017/1589 (OJ L 241, 20.9.2017, p. 21) withdrawing the acceptance of the undertaking for several exporting producers.

            (12)  OJ L 37, 12.2.2016, p. 76.

            (13)  OJ L 37, 12.2.2016, p. 56.

            (14)  OJ C 310, 3.9.2018, p. 4.

            (15)  OJ C 310, 3.9.2018, p. 5.

            (16)  OJ L 260, 17.10.2018, p. 8.

            (17)  OJ L 207, 7.8.2019, p. 12.

            (18)  EU:C:2019:440.

            (19)  The undertaking defines a ‘re-sale invoice’ as a sales invoice issued to the first independent customer in the Union by a related party in the Union for the product covered or the product concerned (part 1, Definitions).

            (20)  Currently being referred to as Shunfeng International Clean Energy Limited (‘SFCE’).

            (21)  Together with its 100 % subsidiary Power Solar System Co.Ltd.

            (22)  Document attached as Annex 5 of Wuxi Suntech’s submissions of 29 July 2019.

            (23)  That mailbox being ‘TRADE-UT-HELPDESK@ec.europa.eu’.

            (24)  Those mailboxes being ‘TRADE-SOLAR-DUMPING@ec.europa.eu’ and ‘TRADE-SOLAR-SUBSIDY@ec.europa.eu’, which was communicated to all parties in the notices of initiation concerning those investigations.

            (25)  Commission Decision 2013/423/EU of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, (OJ L 209, 3.8.2013, p. 26), recitals 14 and 15.

            (26)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, OJ L 302, 19.10.1992, p. 1.

            (27)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10.10.2013, p. 1.

            (28)  Judgement of 23 February 2006, Molenbergnatie NV, C-201/04, ECLI: EU:C:2006:136, paragraph 41.

            (29)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, OJ L 302, 19.10.1992, p. 1.

            (30)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10.10.2013, p. 1.

            ANNEX
            List of undertaking invoices issued by Wuxi Suntech Power Co. Ltd which are declared invalid:

                        Number of Commercial invoice accompanying goods subject to an undertaking

                        Date

                        SFDE20140601~0640

                        30.6.2014

                        SFDE20140245~0284

                        30.6.2014

                        SFDE20140165~0204

                        30.6.2014

                        SFDE20140001~0002

                        13.6.2014

                        SFDE20140005~0044

                        30.6.2014

                        SFDE20140481~0520

                        30.6.2014

                        SFDE20140045~0084

                        30.6.2014

                        SFDE20140365~0404

                        30.6.2014

                        SFDE20140285~0324

                        30.6.2014

                        SFDE20140561~0600

                        30.6.2014

                        SFDE20140325~0364

                        30.6.2014

                        SFDE20140721~0760

                        30.6.2014

                        SFDE20140125~0164

                        30.6.2014

                        SFDE20140761~0800

                        30.6.2014

                        SFDE20140445~0480

                        30.6.2014

                        SFDE20140641~0680

                        30.6.2014

                        SFDE20140521~0560

                        30.6.2014

                        SFDE20140205~0244

                        30.6.2014

                        SFDE20140681~0720

                        30.6.2014

                        SFDE20140405~0444

                        30.6.2014

                        SFDE20140085~0124

                        30.6.2014

                        SFDE20140003~0004

                        11.7.2014

                        REF0001~0040

                        19.9.2014

                        REF_EXWX0023~0027

                        19.9.2014

                        REF_EXWX0001~0022

                        19.9.2014

                        0308001312-009

                        21.5.2014

                        0308001312-015

                        17.7.2014

                        Lavansol201400001

                        13.3.2014


title: Commission Implementing Regulation (EU) 2020/626 of 7 May 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the Republic of North Macedonia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to Newcastle disease (Text with EEA relevance)

text:
                  8.5.2020

                  EN

                  Official Journal of the European Union

                  L 146/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/626
         of 7 May 2020
         amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the Republic of North Macedonia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to Newcastle disease
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4) thereof,
         Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (the commodities). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

                     (2)

                     Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from Newcastle disease.

                     (3)

                     The Republic of North Macedonia is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from the whole of its territory.

                     (4)

                     On 22 April 2020, the Republic of North Macedonia confirmed the presence of Newcastle disease in a poultry holding on its territory. Due to that confirmed outbreak of Newcastle disease, the Republic of North Macedonia can no longer be considered as free from that disease and the veterinary authorities of the Republic of North Macedonia can therefore no longer certify consignments of meat of poultry for human consumption intended for import into or transit through the Union.

                     (5)

                     The entry for Republic of North Macedonia in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the epidemiological situation in that third country.

                     (6)

                     Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 7 May 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 18, 23.1.2003, p. 11.

            (2)  OJ L 343, 22.12.2009, p. 74.

            (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

            ANNEX
            In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the Republic of North Macedonia is replaced by the following:

                           ISO code and name of third country or territory

                           Code of third country, territory, zone or compartment

                           Description of third country, territory, zone or compartment

                           Veterinary certificate

                           Specific conditions

                           Specific conditions

                           Avian influenza surveillance status

                           Avian influenza vaccination status

                           Salmonella Control Status(6)

                           Model(s)

                           Additional guarantees

                           Closing date(1)

                           Opening date(2)

                           1

                           2

                           3

                           4

                           5

                           6

                           6A

                           6B

                           7

                           8

                           9

                           ‘MK – Republic of North Macedonia

                           MK-0

                           Whole country

                           E, EP

                           POU

                           P3

                           22.4.2020’


title: Commission Implementing Regulation (EU) 2020/1006 of 9 July 2020 suspending the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596

text:
                  10.7.2020

                  EN

                  Official Journal of the European Union

                  L 223/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1006
         of 9 July 2020
         suspending the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596
         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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 45(3)(a) and (c) thereof,
         Whereas:

                     (1)

                     Pursuant to Commission Implementing Regulation (EU) 2020/596 (3), private storage aid is available for fresh or chilled meat of bovine animals aged eight months or more from 7 May 2020, in accordance with the conditions laid down in Commission Implementing Regulation (EU) 2016/1240.

                     (2)

                     An examination of the situation on the market and of the use of the private storage aid scheme for fresh or chilled meat of bovine animals aged eight months or more provided for in Implementing Regulation (EU) 2020/596 make it advisable to end the granting of private storage aid and to set a closing date for the submission of applications. The Commission intends to submit the closing Regulation concerned to the Committee for the Common Organisation of the Agricultural Markets for an opinion. However, this is likely to give rise to an excessively large number of applications for the aid scheme.

                     (3)

                     Therefore, it is necessary to suspend the submission of applications for the aid provided for in Implementing Regulation (EU) 2020/596 and reject any applications made prior to the period of suspension where the decision to accept the application would have been taken during the period of suspension.

                     (4)

                     In order to avoid speculation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The application of Article 3 of Implementing Regulation (EU) 2020/596 shall be suspended for the period from 10 July 2020 to 16 July 2020. Applications to conclude contracts submitted during this period shall not be accepted.

               2.   Applications submitted after 8 July 2020, the acceptance of which would have been decided during the period referred to in paragraph 1, shall be rejected.

            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, 9 July 2020.

                  For the Commission,

                  On behalf of the President,

               Wolfgang BURTSCHER

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 206, 30.7.2016, p. 71.

            (3)  Commission Implementing Regulation (EU) 2020/596 of 30 April 2020 granting aid for private storage for fresh and chilled meat of bovine animals aged eight months or more and fixing the amount of aid in advance (OJ L 140, 4.5.2020, p. 26).


title: Commission Implementing Regulation (EU) 2020/991 of 13 May 2020 opening and providing for the administration of import tariff quotas for rice originating in the Socialist Republic of Vietnam

text:
                  10.7.2020

                  EN

                  Official Journal of the European Union

                  L 221/64

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/991
         of 13 May 2020
         opening and providing for the administration of import tariff quotas for rice originating in the Socialist Republic of Vietnam
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a) to (d) of the first paragraph of Article 187 thereof,
         Whereas:

                     (1)

                     The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (‘the Agreement’) was approved by Council Decision (EU) 2020/753 (2). Article 2.7 of the Agreement provides, in particular, for the reduction or elimination of customs duties on goods originating in the other Party in accordance with the Schedules set out in Annex 2-A thereto.

                     (2)

                     In accordance with points 5 to 10 of Sub-Section 1 of Section B of Annex 2-A to the Agreement, the Union is to open tariff rate quotas for the import of 80 000 tonnes of rice originating in Vietnam.

                     (3)

                     Consequently, tariff quotas for imports of rice originating in Vietnam should be opened. To ensure the proper management of these tariff quotas, imports should be made subject to the issue of import licences, for which a security should be lodged. The Commission should administer these tariff quotas according to the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013. In addition, Commission Regulations (EC) No 1301/2006 (3), (EC) No 1342/2003 (4) and Commission Delegated Regulation (EU) 2016/1237 (5) should apply, save as otherwise provided for in this Regulation.

                     (4)

                     To prevent imports under those tariff quotas from causing disturbance in the normal marketing of Union-grown rice, the quota period should be divided in sub-periods for each separate quota and the imports should be divided among these sub-periods so they can be absorbed more easily by the Union market.

                     (5)

                     To ensure the proper management of these quotas, deadlines for the lodging of import licence applications should be laid down and the information to be included in applications and licences should be specified. Product weight should be indicated separately for husked and milled rice in order to comply with the requirement set out in the Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice (6), concluded by Council Decision 2005/476/EC (7) and in the Agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (8), concluded by Council Decision 2005/953/EC (9).

                     (6)

                     Applications for import licences and notifications by Member States of the quantities covered by these applications should refer to the real product weight in kilograms. Thus, the Commission will transform the quantities notified in the type of equivalent specified for each quota, which is either husked rice equivalent or milled rice equivalent, in order to verify if they exceed the quota and, in such case, calculate the allocation coefficient.

                     (7)

                     Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation sets out the rules to be applied as regards the proof of origin. It is therefore appropriate to lay down provisions on the presentation of a proof of origin in accordance with that Protocol.

                     (8)

                     In the interest of efficient administration, when notifying the Commission, Member States should use the information systems provided for in Commission Delegated Regulation (EU) 2017/1183 (10).

                     (9)

                     This Regulation should apply from the date of entry into force of the Agreement.

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Opening and management of tariff quotas

               1.   The following import tariff quotas for rice originating in Vietnam shall be open annually from 1 January to 31 December:

                           (a)

                           20 000 metric tonnes expressed in husked rice equivalent of rice covered by HS subheadings ex1006 10 or 1006 20. This quota carries order number 09.4729;

                           (b)

                           30 000 metric tonnes expressed in milled rice equivalent of rice covered by HS subheading 1006 30. This quota carries order number 09.4730;

                           (c)

                           30 000 metric tonnes expressed in milled rice equivalent of rice covered by HS subheadings ex1006 10 or 1006 20 or 1006 30 and belonging to one of the varieties of fragrant rice listed in Annex I. This quota carries order number 09.4731.

                     All quota volumes referred to in the first subparagraph shall be divided in sub-periods as laid down in Annex I.

               2.   By way of derogation from paragraph 1, for the year of entry into force of this Regulation, the quota period is opened from the date of entry into force of this Regulation to 31 December of the same year.

               3.   For year 1 of each import tariff quota referred to in paragraph 1, the volume of that tariff quota shall be calculated by discounting the volume corresponding to the period running between 1 January and the date of entry into force of the Agreement.

               4.   The rate of import duty within the tariff quotas referred to in paragraph 1 is set at EUR 0 per tonne.

               5.   The conversion rates between paddy rice, husked rice, semi-milled rice and milled rice referred to in Article 1 of Commission Regulation (EC) No 1312/2008 (11) shall apply.

               6.   The tariff quotas referred to in paragraph 1 shall be managed in accordance with the method referred to in point (b) of Article 184(2) of Regulation (EU) No 1308/2013.

               7.   Regulations (EC) No 1301/2006, (EC) No 1342/2003 and Delegated Regulation (EU) 2016/1237 shall apply, save as provided for in Article 2(4) of this Regulation.

            Article 2
            Applications for import licences

               1.   Applications for import licences shall be submitted to the competent authorities of the Member States within the first seven calendar days of each month during the tariff quota period, except for December where no applications shall be submitted. Applications for import licences that are valid from 1 January shall be submitted between 23 and 30 November of the preceding year. Each import licence application shall refer to a single order number and a single CN code. The description of the products and their CN code shall be referred to in sections 15 and 16, respectively, of the licence application.

               2.   Each import licence application shall indicate a quantity in product weight specified for the order number referred to in the first subparagraph of Article 1(1). This shall be expressed in kilograms rounded down to the nearest unit for the CN code.

               3.   Section 8 of the import licence application shall contain the name ‘Viet Nam’ or ‘Viet-Nam’ or ‘Vietnam’ and the ‘Yes’ box shall be marked with a cross. The licences are valid solely for products originating in Vietnam. A proof of origin as defined by Article 15(2) of Protocol 1 to the Agreement shall be presented for the release into free circulation.

               4.   By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, applicants may submit up to one import licence application per month for the same quota order number.

               5.   A security of EUR 30 per tonne shall be lodged at the time of submission of an import licence application.

            Article 3
            Allocation coefficient and issue of import licence

               1.   Import licences shall be issued for the quantity in product weight for each order number referred to in the first subparagraph of Article 1(1), subject to paragraphs 2 and 3 of this Article.

               2.   Where the information notified by the Member States pursuant to Article 7 indicates that the quantities covered by licence applications exceed the quantities available for the import tariff quota sub-period, the Commission shall fix an allocation coefficient, in accordance with Article 7(2) of Regulation (EC) No 1301/2006. For this purpose, the Commission shall transform the quantities in product weight notified by the Member States in quantities in the type of equivalent specified for each order number referred to in the first subparagraph of Article 1(1) of this Regulation.
               The allocation coefficient shall be made public, via an appropriate web-publication, at the latest on the 22nd day of each month. At the same time, the Commission shall make public the quantities available in respect of the following sub-period. Where the application was lodged between 23 and 30 November, the allocation coefficient shall be made public no later than on 14 December.

               3.   Import licences shall be issued for the quantities in product weight for each order number referred to in the first subparagraph of Article 1(1) calculated multiplying the quantities in import licence applications by the allocation coefficient. The quantity resulting from the application of the allocation coefficient shall be rounded down to the nearest unit.

               4.   Import licences shall be issued after the Commission makes public the allocation coefficient and before the end of the month.

               5.   Import licences that are valid from 1 January shall be issued in the period between 15 and 31 December of the preceding year.

            Article 4
            Validity of import licences

               1.   Import licences shall be valid:

                           (a)

                           from the first calendar day of the month following the submission of the application in case of applications submitted during the tariff quota period;

                           (b)

                           from 1 January of the following year in case of applications submitted between the 23 and 30 November of the preceding year.

               2.   The tariff quota volumes are divided into sub-periods, and licences issued each month are valid four months, but shall expire not later than the end of the tariff quota period.

               3.   If the period of validity of an import licence for tariff quotas referred to in Article 1(1) is extended due to force majeure as provided for in Article 16 of Commission Implementing Regulation (EU) 2016/1239 (12), the extension shall not exceed the tariff quota period.

            Article 5
            Authenticity certificate

               1.   The authenticity certificate, issued by a competent body of Vietnam listed in Annex II, stating that the rice belongs to one of the specific varieties of fragrant rice set out in Annex I shall be drawn up on a form in accordance with the specimen laid down in Annex III.
               The forms shall be printed and completed in English.

               2.   Each authenticity certificate shall contain a serial number in the top right-hand box. The copies shall bear the same number as the original.

               3.   The authenticity certificate shall be valid for 120 days from the date of issue.
               It shall be valid only if the boxes are duly completed and it is signed.
               The authenticity certificates shall be considered to have been duly signed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

               4.   The authenticity certificate shall be submitted to the customs authorities in order to verify the existence of the necessary conditions to benefit from the tariff quota for order number 09.4731.
               The competent body of Vietnam listed in Annex II, shall provide the Commission with any relevant information, which may assist in verifying the information contained on the certificates of authenticity, in particular specimens of the stamps it has used.

            Article 6
            Proof of origin
            The release of the products into free circulation within the Union shall be subject to the presentation to the Union customs authorities of a proof of origin as laid down in Article 15(2) of Protocol 1 to the Agreement. The proof of origin shall be a certificate of origin or a declaration on an invoice, delivery note or any other commercial document, which describe the products concerned in sufficient details to enable them to be identified.

            Article 7
            Notifications of quantities to the Commission

               1.   Member States shall notify the Commission of the total quantities for each CN code covered by import licence applications for each tariff quota referred to in Article 1(1):

                           (a)

                           before the 14th day of a month, where applications for a licence are submitted in the first seven calendar days of a month;

                           (b)

                           before 6 December, where applications for a licence are submitted from 23 to 30 November.

               2.   Member States shall notify the Commission of the quantities for each CN code covered by import licences that they have issued for each tariff quota referred to in Article 1(1):

                           (a)

                           before the last day of the month, where applications for licences for a tariff quota are submitted in the first seven calendar days of the month;

                           (b)

                           before 31 December, where applications for licences for a tariff quota are submitted from 23 to 30 of November.

               3.   Member States shall notify the Commission of the unused quantities covered by the issued import licences within four months following the expiry of the period of validity of the licences concerned. Unused quantities shall correspond to the difference between the quantities entered on the back of the import licences and the quantities for which those licences were issued.

               4.   During the last sub-period, the unused quantities shall be notified together with the notification referred to in point (a) of paragraph 1.

               5.   The quantities shall be expressed in kilograms of product weight and broken down by order number and origin, where applicable.

               6.   Unused quantities shall be added to the quantities available for the next sub-period. No unused quantities at the end of the annual quota period shall be transferred to the next annual quota period.

               7.   Article 3 of Implementing Regulation (EU) 2016/1239 shall apply to the periods and time limits set out in this Article.

            Article 8
            Entry into force and application
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 August 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 May 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Council Decision (EU) 2020/753 of 30 March 2020 on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (OJ L 186, 12.6.2020, p. 1).

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

            (4)  Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (OJ L 189, 29.7.2003, p. 12).

            (5)  Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1).

            (6)  OJ L 170, 1.7.2005, p. 67.

            (7)  Council Decision 2005/476/EC of 21 June 2005 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC (OJ L 170, 1.7.2005, p. 67).

            (8)  OJ L 346, 29.12.2005, p. 26.

            (9)  Council Decision 2005/953/EC of 20 December 2005 on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994 (OJ L 346, 29.12.2005, p. 24).

            (10)  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 (OJ L 171, 4.7.2017, p. 100).

            (11)  Commission Regulation (EC) No 1312/2008 of 19 December 2008 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (OJ L 344, 20.12.2008, p. 56).

            (12)  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

            ANNEX I

                        (a)

                        Import tariff quota of 20 000 metric tonnes expressed in husked rice equivalent classified in the following CN tariff lines as provided for in Article 1(1)(a):

                                    1006.10.30
                                    1006.10.50
                                    1006.10.71
                                    1006.10.79

                                    1006.20.11
                                    1006.20.13
                                    1006.20.15
                                    1006.20.17
                                    1006.20.92
                                    1006.20.94
                                    1006.20.96
                                    1006.20.98

                  This quota shall be divided in the following sub-periods:

                        Quantity
                        (tonnes)

                        Order Number

                        Sub-periods (quantities in tonnes)

                        1 January-31 March

                        1 April-30 June

                        1 July-30 September

                        1 October-31 December

                        20 000

                        09.4729

                        10 000

                        5 000

                        5 000

                        -

                        (b)

                        Import tariff quota of 30 000 metric tonnes expressed in milled rice equivalent classified in the following CN tariff lines as provided for in Article 1(1)(b):

                                    1006.30.21
                                    1006.30.23
                                    1006.30.25
                                    1006.30.27
                                    1006.30.42
                                    1006.30.44
                                    1006.30.46
                                    1006.30.48
                                    1006.30.61
                                    1006.30.63
                                    1006.30.65
                                    1006.30.67
                                    1006.30.92
                                    1006.30.94
                                    1006.30.96
                                    1006.30.98

                  This quota shall be divided in the following sub-periods:

                        Quantity
                        (tonnes)

                        Order Number

                        Sub-periods (quantities in tonnes)

                        1 January-31 March

                        1 April-30 June

                        1 July-30 September

                        1 October-31 December

                        30 000

                        09.4730

                        15 000

                        7 500

                        7 500

                        -

                        (c)

                        Import tariff quota of 30 000 metric tonnes expressed in milled rice equivalent classified in the following CN tariff lines as provided for in Article 1(1)(c):

                                    1006.10.30
                                    1006.10.50
                                    1006.10.71
                                    1006.10.79

                                    1006.20.11
                                    1006.20.13
                                    1006.20.15
                                    1006.20.17
                                    1006.20.92
                                    1006.20.94
                                    1006.20.96
                                    1006.20.98

                                    1006.30.21
                                    1006.30.23
                                    1006.30.25
                                    1006.30.27
                                    1006.30.42
                                    1006.30.44
                                    1006.30.46
                                    1006.30.48
                                    1006.30.61
                                    1006.30.63
                                    1006.30.65
                                    1006.30.67
                                    1006.30.92
                                    1006.30.94
                                    1006.30.96
                                    1006.30.98

                  Varieties of fragrant rice originating in Vietnam covered by the import tariff quota referred to in Article 1(1)(c):
            Jasmine 85
            ST 5
            ST 20
            Nang Hoa 9 (NàngHoa 9)
            VD 20
            RVT
            OM 4900
            OM 5451
            Tai nguyen Cho Dao (Tàinguyên Cho Dào)
            This quota shall be divided in the following sub-periods:

                        Quantity
                        (tonnes)

                        Order Number

                        Sub-periods (quantities in tonnes)

                        1 January-31 March

                        1 April-30 June

                        1 July-30 September

                        1 October-31 December

                        30 000

                        09.4731

                        15 000

                        7 500

                        7 500

                        -

            ANNEX II
            Bodies authorised to issue the authenticity certificates referred to in Article 5
            Ministry of Agriculture and Rural Development of Viet Nam

            ANNEX III
            Specimen authenticity certificate referred to in Article 5

                                    1

                                    Exporter (Name and full address)

                        CERTIFICATE OF AUTHENTICITY
                        for export to the European Union

                                    2

                                    Consignee (Name and full address)

                        No

                        ORIGINAL

                        issued by (Name and full address of issuing body)

                                    3

                                    country and place of cultivation

                                    4

                                    country of destination in EU

                                    5

                                    Packing 5 kg or less (number of packings)

                                    6

                                    Description of goods

                                    7

                                    Packing between 5 and 20 kg (number of packings

                                    8

                                    Net weight (kg)
                                    Gross weight (kg)

                                    9

                                    DECLARATION BY EXPORTER
                                    The undersigned declares that the information shown above is correct.

                        Place and date:

                        Signature:

                                    10

                                    CERTIFICATION BY THE ISSUING BODY
                                    It is hereby certified that the rice described above is one of the varieties of fragrant rice listed in Annex I of Commission Implementing Regulation (EU) No 2020/991 and that the information shown in this certificate is correct.

                        Place and date:

                        Signature:

                        Stamp:

                                    11

                                    FOR COMPETENT AUTHORITIES IN THE EUROPEAN UNION