title: Commission Implementing Regulation (EU) 2016/561 of 11 April 2016 amending Annex IV to Implementing Regulation (EU) No 577/2013 as regards the model of animal health certificate for dogs, cats and ferrets moved into a Member State from a territory or a third country for non-commercial purposes (Text with EEA relevance)

text:
                  12.4.2016

                  EN

                  Official Journal of the European Union

                  L 96/26

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/561
      of 11 April 2016
      amending Annex IV to Implementing Regulation (EU) No 577/2013 as regards the model of animal health certificate for dogs, cats and ferrets moved into a Member State from a territory or a third country for non-commercial purposes
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (1), and in particular Article 25(2) thereof,
      Whereas:

                  (1)

                  Regulation (EU) No 576/2013 provides that dogs, cats and ferrets moved into a Member State from a territory or a third country for non-commercial purposes are to be accompanied by an identification document in the format of an animal health certificate. Part 1 of Annex IV to Commission Implementing Regulation (EU) No 577/2013 (2) sets out the model for the animal health certificate.

                  (2)

                  In the model of animal health certificate reference is made to the required successful test for immune response to anti-rabies vaccination that should be performed in accordance with Annex IV to Regulation (EU) No 576/2013 on blood samples taken from dogs, cats and ferrets coming from or scheduling to transit through a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013.

                  (3)

                  Following the repeated forgery of laboratory reports on the results of the rabies antibody titration test, it is appropriate to remind the certifying officials in territories or third countries that the satisfactory results to that test should not be certified unless the authenticity of the laboratory report has been verified. A specific guidance note to that effect should be included in the animal health certificate.

                  (4)

                  Furthermore, the entry regarding the date of marking of dogs, cats or ferrets in Part I of the animal health certificate has been misinterpreted by certifying officials in third countries and has therefore caused problems during compliance checks at Union external borders. In order to avoid any misunderstanding, that entry should be removed from Part I of the animal health certificate that describes the animals, and inserted in Part II of that certificate, that concerns the certification of the animals. A specific note for guidance concerning the verification of the marking should also be included in Part II.

                  (5)

                  Annex IV to Implementing Regulation (EU) No 577/2013 should therefore be amended accordingly.

                  (6)

                  To avoid any disruption of movements, the use of animal health certificates issued in accordance with Part 1 of Annex IV to Implementing Regulation (EU) No 577/2013 before the date of application of this Regulation should be authorised during a transitional period.

                  (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
      Annex IV to Implementing Regulation (EU) No 577/2013 is amended in accordance with the Annex to this Regulation.
      Article 2
      For a transitional period until 31 December 2016, Member States may authorise the entry of dogs, cats and ferrets moved into a Member State from a territory or a third country for non-commercial purposes and accompanied by an animal health certificate issued not later than 31 August 2016 in accordance with the model set out in Part 1 of Annex IV to Implementing Regulation (EU) No 577/2013 in its version prior to the amendments introduced by this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      It shall apply from 1 September 2016.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 11 April 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 178, 28.6.2013, p. 1.

         (2)  Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council (OJ L 178, 28.6.2013, p. 109).

         ANNEX
         Part 1 of Annex IV to Implementing Regulation (EU) No 577/2013 is replaced by the following:

            ‘PART 1

            Text of image

               Model animal health certificate for the non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               COUNTRY:
               Veterinary certificate to EU
               Part I: Details of dispatched consignment
               I.1. Consignor
               Name
               Address
               Tel.
               I.2. Certificate reference No
               I.2.a.
               I.3. Central competent authority
               I.4. Local competent authority
               I.5. Consignee
               Name
               Address
               Postal code
               Tel.
               I.6. Person responsible for the consignment in the EU
               I.7. Country of origin
               ISO code
               I.8. Region of origin
               Code
               I.9. Country of destination
               ISO code
               I.10. Region of destination
               Code
               I.11. Place of origin
               I.12. Place of destination
               I.13. Place of loading
               I.14. Date of departure
               I.15. Means of transport
               I.16. Entry BIP in EU
               I.17. No(s) of CITES
               I.18. Description of commodity
               I.19. Commodity code (HS code)
               010619
               I.20. Quantity
               I.21. Temperature of products
               I.22. Total number of packages
               I.23. Seal/Container No
               I.24. Type of packaging

            Model animal health certificate for the non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
            COUNTRY:
            Veterinary certificate to EU
            Part I: Details of dispatched consignment
            I.1. Consignor
            Name
            Address
            Tel.
            I.2. Certificate reference No
            I.2.a.
            I.3. Central competent authority
            I.4. Local competent authority
            I.5. Consignee
            Name
            Address
            Postal code
            Tel.
            I.6. Person responsible for the consignment in the EU
            I.7. Country of origin
            ISO code
            I.8. Region of origin
            Code
            I.9. Country of destination
            ISO code
            I.10. Region of destination
            Code
            I.11. Place of origin
            I.12. Place of destination
            I.13. Place of loading
            I.14. Date of departure
            I.15. Means of transport
            I.16. Entry BIP in EU
            I.17. No(s) of CITES
            I.18. Description of commodity
            I.19. Commodity code (HS code)
            010619
            I.20. Quantity
            I.21. Temperature of products
            I.22. Total number of packages
            I.23. Seal/Container No
            I.24. Type of packaging

            Text of image

               I.25. Commodities certified for:
               Pets
               I.26. For transit to third country
               I.27. For import or admission into EU
               I.28. Identification of the commodities
               Species
               (Scientific name)
               Sex
               Colour
               Breed
               Identification number
               [dd/mm/yyyy]
               Identification system
               Date of birth

            I.25. Commodities certified for:
            Pets
            I.26. For transit to third country
            I.27. For import or admission into EU
            I.28. Identification of the commodities
            Species
            (Scientific name)
            Sex
            Colour
            Breed
            Identification number
            [dd/mm/yyyy]
            Identification system
            Date of birth

            Text of image

               COUNTRY
               Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               II. Health information
               II.a. Certificate reference No
               II.b.
               I, the undersigned official veterinarian (1)/veterinarian authorised by the competent authority (1) of (insert name of territory or third country) certify that:
               Purpose/nature of journey attested by the owner
               II.1. the attached declaration (2) by the owner or the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner, supported by evidence (3), states that the animals described in Box I.28 will accompany the owner or the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner within not more than 5 days of his movement and are not subject to a movement that aims at their sale or a transfer of ownership, and during the non-commercial movement will remain under the responsibility of
               (1) either [the owner;]
               (1) or [the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner;]
               (1) or [the natural person designated by a carrier contracted by the owner to carry out the non-commercial movement of the animals on behalf of the owner;]
               (1) either [II.2. the animals described in Box I.28 are moved in a number of five or less;]
               (1) or [II.2. the animals described in Box I.28 are moved in a number of more than five, are more than 6 months old and are going to participate in competitions, exhibitions or sporting events or in training for those events, and the owner or the natural person referred to in point II.1 has provided evidence (3) that the animals are registered
               (1) either [to attend such event;]
               (1) or [with an association organising such events;]
               Attestation of rabies vaccination and rabies antibody titration test
               (1) either [II.3. the animals described in Box I.28 are less than 12 weeks old and have not received an anti-rabies vaccination, or are between 12 and 16 weeks old and have received an anti-rabies vaccination, but 21 days at least have not elapsed since the completion of the primary vaccination against rabies carried out in accordance with the validity requirements set out in Annex III to Regulation (EU) No 576/2013 (4), and
               II.3.1. the territory or third country of provenance of the animals indicated in Box I.1 is listed in Annex II to Implementing Regulation (EU) No 577/2013 and the Member State of destination indicated in Box I.5 has informed the public that it authorises the movement of such animals into its territory, and they are accompanied by
               (1) either [II.3.2. the attached declaration (5) of the owner or the natural person referred to in point II.1 stating that from birth until the time of the non-commercial movement the animals have had no contact with wild animals of species susceptible to rabies;]
               (1) or [II.3.2. their mother, on whom they still depend, and it can be established that the mother received before their birth an anti-rabies vaccination which complied with the validity requirements set out in Annex III to Regulation (EU) No 576/2013;]]
               Part II: Certification

            COUNTRY
            Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
            II. Health information
            II.a. Certificate reference No
            II.b.
            I, the undersigned official veterinarian (1)/veterinarian authorised by the competent authority (1) of (insert name of territory or third country) certify that:
            Purpose/nature of journey attested by the owner
            II.1. the attached declaration (2) by the owner or the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner, supported by evidence (3), states that the animals described in Box I.28 will accompany the owner or the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner within not more than 5 days of his movement and are not subject to a movement that aims at their sale or a transfer of ownership, and during the non-commercial movement will remain under the responsibility of
            (1) either [the owner;]
            (1) or [the natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the animals on behalf of the owner;]
            (1) or [the natural person designated by a carrier contracted by the owner to carry out the non-commercial movement of the animals on behalf of the owner;]
            (1) either [II.2. the animals described in Box I.28 are moved in a number of five or less;]
            (1) or [II.2. the animals described in Box I.28 are moved in a number of more than five, are more than 6 months old and are going to participate in competitions, exhibitions or sporting events or in training for those events, and the owner or the natural person referred to in point II.1 has provided evidence (3) that the animals are registered
            (1) either [to attend such event;]
            (1) or [with an association organising such events;]
            Attestation of rabies vaccination and rabies antibody titration test
            (1) either [II.3. the animals described in Box I.28 are less than 12 weeks old and have not received an anti-rabies vaccination, or are between 12 and 16 weeks old and have received an anti-rabies vaccination, but 21 days at least have not elapsed since the completion of the primary vaccination against rabies carried out in accordance with the validity requirements set out in Annex III to Regulation (EU) No 576/2013 (4), and
            II.3.1. the territory or third country of provenance of the animals indicated in Box I.1 is listed in Annex II to Implementing Regulation (EU) No 577/2013 and the Member State of destination indicated in Box I.5 has informed the public that it authorises the movement of such animals into its territory, and they are accompanied by
            (1) either [II.3.2. the attached declaration (5) of the owner or the natural person referred to in point II.1 stating that from birth until the time of the non-commercial movement the animals have had no contact with wild animals of species susceptible to rabies;]
            (1) or [II.3.2. their mother, on whom they still depend, and it can be established that the mother received before their birth an anti-rabies vaccination which complied with the validity requirements set out in Annex III to Regulation (EU) No 576/2013;]]
            Part II: Certification

            Text of image

               COUNTRY
               Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               II. Health information
               II.a. Certificate reference No
               II.b.
               (1) or/and [II.3. the animals described in Box I.28 were at least 12 weeks old at the time of vaccination against rabies and at least 21 days have elapsed since the completion of the primary anti-rabies vaccination (4) carried out in accordance with the validity requirements set out in Annex III to Regulation (EU) No 576/2013 and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (6); and
               (1) either [II.3.1 the animals described in Box I.28 come from a territory or a third country listed in Annex II to Implementing Regulation (EU) No 577/2013, either directly, through a territory or a third country listed in Annex II to Implementing Regulation (EU) No 577/2013 or through a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013 in accordance with point (c) of Article 12(1) of Regulation (EU) No 576/2013 (7), and the details of the current anti-rabies vaccination are provided in the table below;]
               (1) or [II.3.1 the animals described in Box I.28 come from, or are scheduled to transit through, a territory or third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013 and a rabies antibody titration test (8), carried out on a blood sample taken by the veterinarian authorised by the competent authority on the date indicated in the table below not less than 30 days after the preceding vaccination and at least 3 months prior to the date of issue of this certificate, proved an antibody titre equal to or greater than 0,5 IU/ml (9) and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (6), and the details of the current anti-rabies vaccination and the date of sampling for testing the immune response are provided in the table below:
               Transponder or tattoo alphanumeric code of the animal
               Date of implantation and/or reading (10)
               [dd/mm/yyyy]
               Date of vaccination
               [dd/mm/yyyy]
               Name and manufacturer of vaccine
               Batch number
               Validity of vaccination
               Date of the blood sampling
               [dd/mm/yyyy]
               From
               [dd/mm/yyyy]
               to
               [dd/mm/yyyy]
               ]]

            COUNTRY
            Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
            II. Health information
            II.a. Certificate reference No
            II.b.
            (1) or/and [II.3. the animals described in Box I.28 were at least 12 weeks old at the time of vaccination against rabies and at least 21 days have elapsed since the completion of the primary anti-rabies vaccination (4) carried out in accordance with the validity requirements set out in Annex III to Regulation (EU) No 576/2013 and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (6); and
            (1) either [II.3.1 the animals described in Box I.28 come from a territory or a third country listed in Annex II to Implementing Regulation (EU) No 577/2013, either directly, through a territory or a third country listed in Annex II to Implementing Regulation (EU) No 577/2013 or through a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013 in accordance with point (c) of Article 12(1) of Regulation (EU) No 576/2013 (7), and the details of the current anti-rabies vaccination are provided in the table below;]
            (1) or [II.3.1 the animals described in Box I.28 come from, or are scheduled to transit through, a territory or third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013 and a rabies antibody titration test (8), carried out on a blood sample taken by the veterinarian authorised by the competent authority on the date indicated in the table below not less than 30 days after the preceding vaccination and at least 3 months prior to the date of issue of this certificate, proved an antibody titre equal to or greater than 0,5 IU/ml (9) and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (6), and the details of the current anti-rabies vaccination and the date of sampling for testing the immune response are provided in the table below:
            Transponder or tattoo alphanumeric code of the animal
            Date of implantation and/or reading (10)
            [dd/mm/yyyy]
            Date of vaccination
            [dd/mm/yyyy]
            Name and manufacturer of vaccine
            Batch number
            Validity of vaccination
            Date of the blood sampling
            [dd/mm/yyyy]
            From
            [dd/mm/yyyy]
            to
            [dd/mm/yyyy]
            ]]

            Text of image

               COUNTRY
               Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               II. Health information
               II.a. Certificate reference No
               II.b.
               Attestation of anti-parasite treatment
               (1) either [II.4. the dogs described in Box I.28 are destined for a Member State listed in Annex I to Commission Delegated Regulation (EU) No 1152/2011 and have been treated against Echinococcus multilocularis, and the details of the treatment carried out by the administering veterinarian in accordance with Article 7 of Delegated Regulation (EU) No 1152/2011 (11) (12) (13) are provided in the table below.]
               (1) or [II.4. the dogs described in Box I.28 have not been treated against Echinococcus multilocularis (11).]
               Transponder or tattoo number of the dog
               Anti-echinococcus treatment
               Administering veterinarian
               Name and manufacturer of the product
               Date [dd/mm/yyyy] and time of treatment [00:00]
               Name in capitals, stamp and signature
               ]]
               Notes
               (a) This certificate is meant for dogs (Canis lupus familiaris), cats (Felis silvestris catus) and ferrets (Mustela putorius furo).
               (b) This certificate is valid for 10 days from the date of issue by the official veterinarian until the date of the documentary and identity checks at the designated Union travellers’ point of entry (available at http://ec.europa.eu/food/animal/liveanimals/pets/pointsentry_en.htm).
               In the case of transport by sea, that period of 10 days is extended by an additional period corresponding to the duration of the journey by sea.
               For the purpose of further movement into other Member States, this certificate is valid from the date of the documentary and identity checks for a total of 4 months or until the date of expiry of the validity of the anti-rabies vaccination or until the conditions relating to animals less than 16 weeks old referred to in point II.3 cease to apply, whichever date is earlier. Please note that certain Member States have informed that the movement into their territory of animals less than 16 weeks old referred to in point II.3 is not authorised. You may wish to inquire at http://ec.europa.eu/food/animal/liveanimals/pets/index_en.htm
               Part I:
               Box I.5: Consignee: indicate Member State of first destination.
               Box I.28: Identification system: select of the following: transponder or tattoo.
               Identification number: indicate the transponder or tattoo alphanumeric code.
               Date of birth/breed: as stated by the owner.

            COUNTRY
            Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
            II. Health information
            II.a. Certificate reference No
            II.b.
            Attestation of anti-parasite treatment
            (1) either [II.4. the dogs described in Box I.28 are destined for a Member State listed in Annex I to Commission Delegated Regulation (EU) No 1152/2011 and have been treated against Echinococcus multilocularis, and the details of the treatment carried out by the administering veterinarian in accordance with Article 7 of Delegated Regulation (EU) No 1152/2011 (11) (12) (13) are provided in the table below.]
            (1) or [II.4. the dogs described in Box I.28 have not been treated against Echinococcus multilocularis (11).]
            Transponder or tattoo number of the dog
            Anti-echinococcus treatment
            Administering veterinarian
            Name and manufacturer of the product
            Date [dd/mm/yyyy] and time of treatment [00:00]
            Name in capitals, stamp and signature
            ]]
            Notes
            (a) This certificate is meant for dogs (Canis lupus familiaris), cats (Felis silvestris catus) and ferrets (Mustela putorius furo).
            (b) This certificate is valid for 10 days from the date of issue by the official veterinarian until the date of the documentary and identity checks at the designated Union travellers’ point of entry (available at http://ec.europa.eu/food/animal/liveanimals/pets/pointsentry_en.htm).
            In the case of transport by sea, that period of 10 days is extended by an additional period corresponding to the duration of the journey by sea.
            For the purpose of further movement into other Member States, this certificate is valid from the date of the documentary and identity checks for a total of 4 months or until the date of expiry of the validity of the anti-rabies vaccination or until the conditions relating to animals less than 16 weeks old referred to in point II.3 cease to apply, whichever date is earlier. Please note that certain Member States have informed that the movement into their territory of animals less than 16 weeks old referred to in point II.3 is not authorised. You may wish to inquire at http://ec.europa.eu/food/animal/liveanimals/pets/index_en.htm
            Part I:
            Box I.5: Consignee: indicate Member State of first destination.
            Box I.28: Identification system: select of the following: transponder or tattoo.
            Identification number: indicate the transponder or tattoo alphanumeric code.
            Date of birth/breed: as stated by the owner.

            Text of image

               COUNTRY
               Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               II. Health information
               II.a. Certificate reference No
               II.b.
               Part II:
               (1) Keep as appropriate.
               (2) The declaration referred to in point II.1 shall be attached to the certificate and comply with the model and additional requirements set out in Part 3 of Annex IV to Implementing Regulation (EU) No 577/2013.
               (3) The evidence referred to in point II.1 (e.g. boarding pass, flight ticket) and in point II.2 (e.g. receipt of entry to the event, proof of membership) shall be surrendered on request by the competent authorities responsible for the checks referred to in point (b) of the Notes.
               (4) Any revaccination must be considered a primary vaccination if it was not carried out within the period of validity of a previous vaccination.
               (5) The declaration referred to in point II.3.2 to be attached to the certificate complies with the format, layout and language requirements laid down in Parts 1 and 3 of Annex I to Implementing Regulation (EU) No 577/2013.
               (6) A certified copy of the identification and vaccination details of the animals concerned shall be attached to the certificate.
               (7) The third option is subject to the condition that the owner or the natural person referred to in point II.1 provides, on request by the competent authorities responsible for the checks referred to in point (b), a declaration stating that the animals have had no contact with animals of species susceptible of rabies and remain secure within the means of transport or the perimeter of an international airport during the transit through a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013. This declaration shall comply with the format, layout and language requirements set out in Parts 2 and 3 of Annex I to Implementing Regulation (EU) No 577/2013.
               (8) The rabies antibody titration test referred to in point II.3.1:
               — must be carried out on a sample collected by a veterinarian authorised by the competent authority, at least 30 days after the date of vaccination and 3 months before the date of import;
               — must measure a level of neutralising antibody to rabies virus in serum equal to or greater than 0,5 IU/ml;
               — must be performed by a laboratory approved in accordance with Article 3 of Council Decision 2000/258/EC (list of approved laboratories available at http://ec.europa.eu/food/animal/liveanimals/pets/approval_en.htm);
               — does not have to be renewed on an animal, which following that test with satisfactory results, has been revaccinated against rabies within the period of validity of a previous vaccination.
               A certified copy of the official report from the approved laboratory on the results of the rabies antibody test referred to in point II.3.1 shall be attached to the certificate.
               (9) By certifying this result, the official veterinarian confirms that he has verified, to the best of his ability and where necessary with contacts with the laboratory indicated in the report, the authenticity of the laboratory report on the results of the antibody titration test referred to in point II.3.1.
               (10) In conjunction with footnote (6), the marking of the animals concerned by the implantation of a transponder or by a clearly readable tattoo applied before 3 July 2011 must be verified before any entry is made in this certificate and must always precede any vaccination, or where applicable, testing carried out on those animals.

            COUNTRY
            Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
            II. Health information
            II.a. Certificate reference No
            II.b.
            Part II:
            (1) Keep as appropriate.
            (2) The declaration referred to in point II.1 shall be attached to the certificate and comply with the model and additional requirements set out in Part 3 of Annex IV to Implementing Regulation (EU) No 577/2013.
            (3) The evidence referred to in point II.1 (e.g. boarding pass, flight ticket) and in point II.2 (e.g. receipt of entry to the event, proof of membership) shall be surrendered on request by the competent authorities responsible for the checks referred to in point (b) of the Notes.
            (4) Any revaccination must be considered a primary vaccination if it was not carried out within the period of validity of a previous vaccination.
            (5) The declaration referred to in point II.3.2 to be attached to the certificate complies with the format, layout and language requirements laid down in Parts 1 and 3 of Annex I to Implementing Regulation (EU) No 577/2013.
            (6) A certified copy of the identification and vaccination details of the animals concerned shall be attached to the certificate.
            (7) The third option is subject to the condition that the owner or the natural person referred to in point II.1 provides, on request by the competent authorities responsible for the checks referred to in point (b), a declaration stating that the animals have had no contact with animals of species susceptible of rabies and remain secure within the means of transport or the perimeter of an international airport during the transit through a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013. This declaration shall comply with the format, layout and language requirements set out in Parts 2 and 3 of Annex I to Implementing Regulation (EU) No 577/2013.
            (8) The rabies antibody titration test referred to in point II.3.1:
            — must be carried out on a sample collected by a veterinarian authorised by the competent authority, at least 30 days after the date of vaccination and 3 months before the date of import;
            — must measure a level of neutralising antibody to rabies virus in serum equal to or greater than 0,5 IU/ml;
            — must be performed by a laboratory approved in accordance with Article 3 of Council Decision 2000/258/EC (list of approved laboratories available at http://ec.europa.eu/food/animal/liveanimals/pets/approval_en.htm);
            — does not have to be renewed on an animal, which following that test with satisfactory results, has been revaccinated against rabies within the period of validity of a previous vaccination.
            A certified copy of the official report from the approved laboratory on the results of the rabies antibody test referred to in point II.3.1 shall be attached to the certificate.
            (9) By certifying this result, the official veterinarian confirms that he has verified, to the best of his ability and where necessary with contacts with the laboratory indicated in the report, the authenticity of the laboratory report on the results of the antibody titration test referred to in point II.3.1.
            (10) In conjunction with footnote (6), the marking of the animals concerned by the implantation of a transponder or by a clearly readable tattoo applied before 3 July 2011 must be verified before any entry is made in this certificate and must always precede any vaccination, or where applicable, testing carried out on those animals.
            Text of image

               COUNTRY
               Non-commercial movement into a Member State from a territory or third country of dogs, cats or ferrets in accordance with Article 5(1) and (2) of Regulation (EU) No 576/2013
               II. Health information
               II.a. Certificate reference No
               II.b.
               (11) The treatment against Echinococcus multilocularis referred to in point II.4 must:
               — be administered by a veterinarian within a period of not more than 120 hours and not less than 24 hours before the time of the scheduled entry of the dogs into one of the Member States or parts thereof listed in Annex I to Delegated Regulation (EU) No 1152/2011;
               — consist of an approved medicinal product which contains the appropriate dose of praziquantel or pharmacologically active substances, which alone or in combination, have been proven to reduce the burden of mature and immature intestinal forms of Echinococcus multilocularis in the host species concerned.
               (12) The table referred to in point II.4 must be used to document the details of a further treatment if administered after the date the certificate was signed and prior to the scheduled entry into one of the Member States or parts thereof listed in Annex I to Delegated Regulation (EU) No 1152/2011.
               (13) The table referred to in point II.4 must be used to document the details of treatments if administered after the date the certificate was signed for the purpose of further movement into other Member States described in point (b) of the Notes and in conjunction with footnote (11).
               Official veterinarian/Authorised veterinarian
               Name (in capital letters): Qualification and title:
               Address
               Telephone:
               Date: Signature:
               Stamp:
               Endorsement by the competent authority (not necessary when the certificate is signed by an official veterinarian)
               Name (in capital letters): Qualification and title:
               Address
               Telephone:
               Date: Signature:
               Stamp:
               Official at the travellers’ point of entry (for the purpose of further movement into other Member States)
               Name (in capital letters): Title:
               Address
               Telephone:
               E-mail address:
               Date of completion of the documentary and identity checks: Signature: Stamp:
            ’


title: Commission Implementing Regulation (EU) 2015/1105 of 8 July 2015 concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens reared for laying and minor poultry species other than laying, the authorisation of that feed additive for use in water for drinking for chickens for fattening and amending Regulation (EU) No 544/2013 as regards the maximum content of that feed additive in complete feedingstuff and its compatibility with coccidiostats (holder of the authorisation Biomin GmbH) (Text with EEA relevance)

text:
               9.7.2015

               EN

               Official Journal of the European Union

               L 181/65

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1105
   of 8 July 2015
   concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens reared for laying and minor poultry species other than laying, the authorisation of that feed additive for use in water for drinking for chickens for fattening and amending Regulation (EU) No 544/2013 as regards the maximum content of that feed additive in complete feedingstuff and its compatibility with coccidiostats (holder of the authorisation Biomin GmbH)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) , and in particular Article 9(2) and Article 13(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for a new use of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 and for an amendment of the terms of the current authorisation for chickens for fattening granted by Commission Implementing Regulation (EU) No 544/2013 (2). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003, and by the relevant data to support that amendment request.

               (3)

               The application concerns the authorisation of a new use of the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens reared for laying and minor poultry species other than laying, to be classified in the additive category ‘zootechnical additives’, the authorisation of a new use of that preparation via water for drinking for chickens for fattening and the modification of the terms of the current authorisation for chickens for fattening to allow simultaneous use with the additional coccidiostats: decoquinate, narasin, nicarbazin or narasin/nicarbazin, and to remove the limit for the maximum content of that preparation in complete feedingstuff.

               (4)

               The use of that preparation was authorised for 10 years for chickens for fattening by Commission Regulation (EU) No 544/2013.

               (5)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 9 December 2014 (3) that, under the proposed conditions of use, the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 does not have an adverse effect on animal health, human health and the environment and has the potential to be efficacious when used in chickens reared for laying and minor poultry species other than laying. The Authority also concluded that delivery of the additive via water for drinking is as safe for chickens for fattening as delivery via feed and that there would be no safety implications if the current maximum dose for chickens for fattening were withdrawn. The conclusions on safety for chickens for fattening, as regards delivery via water for drinking and maximum dose, would also apply to chickens reared for laying and minor avian species. The Authority further concluded that the additive is compatible with the coccidiostats decoquinate, narasin, nicarbazin or narasin/nicarbazin. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (6)

               The assessment of the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

               (7)

               In order to allow for the use of coccidiostats compatible with the preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 also for chickens for fattening and to allow for the same content of that preparation in complete feedingstuff for chickens for fattening as for chickens reared for laying and minor poultry species it is appropriate to amend Regulation (EU) No 544/2013.

               (8)

               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 preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   The Annex to Regulation (EU) No 544/2013 is amended as follows:

               (1)

               In the eighth column, ‘Maximum content’, the text ‘1 × 109’ is deleted.

               (2)

               In the ninth column, ‘Other provisions’, paragraph 2 is replaced by the following:

                           ‘2.

                           The use is permitted in feed containing the authorised coccidiostats: maduramicin ammonium, diclazuril, robenidine hydrochloride, decoquinate, narasin, nicarbazin or narasin/nicarbazin.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 July 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Regulation (EU) No 544/2013 of 14 June 2013 concerning the authorisation of a preparation of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913 as a feed additive for chickens for fattening (holder of authorisation Biomin GmbH) (OJ L 163, 15.6.2013, p. 13).

      (3)  EFSA Journal 2015; 13(1):3966.

      ANNEX
      PART A

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU (1)/kg of complete feedingstuff with a moisture content of 12 %

                  CFU (1) l of water for drinking

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

                  4b1890

                  Biomin GmbH

                     Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913

                     Additive composition

                  Preparation of Bifidobacterium animalis ssp. animalis DSM 16284 containing a minimum of 3 × 109 CFU/g additive

                     Lactobacillus salivarius ssp. salivarius DSM 16351 containing a minimum of 1 × 109 CFU/g additive

                     Enterococcus faecium DSM 21913 containing a minimum of 6 × 109 CFU/g additive
                  Solid preparation (ratio 3:1:6)

                     Characterisation of the active substance

                  Viable cells of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351, and Enterococcus faecium DSM 21913

                     Analytical method
                      (2)

                  For the enumeration of: Bifidobacterium animalis ssp. animalis DSM 16284: spread plate method EN 15785 Lactobacillus salivarius ssp. salivarius DSM 16351: spread plate method EN 15787 Enterococcus faecium DSM 21913 spread plate method EN 15788 For the identification: Pulsed Field Gel Electrophoresis (PFGE)

                  Chickens reared for laying, minor poultry species other than laying

                  1 × 108

                  —

                  5 × 107

                  —

                              1.

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

                              2.

                              The use is permitted in feed containing the following coccidiostats: maduramicin ammonium, diclazuril, robenidine hydrochloride, decoquinate, narasin, nicarbazin or narasin/nicarbazin.

                              3.

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

                              4.

                              The additive may be used also via water for drinking.

                              5.

                              For use of the additive in water for drinking the homogeneous dispersion of the additive shall be ensured.

                              6.

                              The simultaneous use with antibiotic shall be avoided.

                  29 July 2025

            PART B

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU (3)/l of water for drinking

                  4b1890

                  Biomin GmbH

                     Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351 and Enterococcus faecium DSM 21913

                     Additive composition

                  Preparation of Bifidobacterium animalis ssp. animalis DSM 16284 containing a minimum of 3 × 109 CFU/g additive

                     Lactobacillus salivarius ssp. salivarius DSM 16351 containing a minimum of 1 × 109 CFU/g additive

                     Enterococcus faecium DSM 21913 containing a minimum of 6 × 109 CFU/g additive
                  Solid preparation (ratio 3:1:6)

                     Characterisation of the active substance

                  Viable cells of Bifidobacterium animalis ssp. animalis DSM 16284, Lactobacillus salivarius ssp. salivarius DSM 16351, and Enterococcus faecium DSM 21913

                     Analytical method
                      (4)

                  For the enumeration of: Bifidobacterium animalis ssp. animalis DSM 16284: spread plate method EN 15785 Lactobacillus salivarius ssp. salivarius DSM 16351: spread plate method EN 15787 Enterococcus faecium DSM 21913 spread plate method EN 15788 For the identification: Pulsed Field Gel Electrophoresis (PFGE)

                  Chickens for fattening

                  —

                  5 × 107

                  —

                              1.

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

                              2.

                              The water for drinking containing the additive may be used simultaneously with feed containing the following permitted coccidiostats: maduramicin ammonium, diclazuril, robenidine hydrochloride, decoquinate, narasin, nicarbazin or narasin/nicarbazin.

                              3.

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

                              4.

                              The homogeneous dispersion of the additive shall be ensured in the water for drinking.

                              5.

                              The simultaneous use with antibiotic shall be avoided.

                  29 July 2025

         (1)  As total content of the mixture.

         (2)  Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

         (3)  As total content of the mixture.

         (4)  Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2015/2315 of 8 December 2015 concerning the classification of certain goods in the Combined Nomenclature

text:
               12.12.2015

               EN

               Official Journal of the European Union

               L 328/50

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2315
   of 8 December 2015
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at 3 months.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of 3 months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 December 2015.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  An article consisting of a plastic housing containing 4 metal terminals, diodes and cables with connectors (so-called ‘Photovoltaic (PV) junction box’).
                  The PV junction box is a device for transmitting (by cable) electricity, not exceeding 1 000 V and generated by a solar panel, to another PV module or PV inverter. The function of the diodes is only to protect the article against overvoltage (so-called ‘hot spots’).
                  See image (1).

                  8544 42 90

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8544, 8544 42 and 8544 42 90.
                  Classification under heading 8541 as diodes is excluded as the diodes do not significantly change the characteristics and properties of the article as a PV junction box. The principal function of the article is considered to be that of making connections to or in electrical circuits.
                  As the article is provided with cables, classification under heading 8536 as an apparatus for making connections to or in electrical circuits is also excluded (see also the Harmonised System Explanatory Notes to heading 8536, group (III) (A)).
                  The article is therefore to be classified under CN code 8544 42 90 as other electric conductors fitted with connectors.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 993/2012 of 25 October 2012 on the issue of licences for importing rice under the tariff quotas opened for the October 2012 subperiod by Implementing Regulation (EU) No 1273/2011

text:
               26.10.2012

               EN

               Official Journal of the European Union

               L 297/22

         COMMISSION IMPLEMENTING REGULATION (EU) No 993/2012
   of 25 October 2012
   on the issue of licences for importing rice under the tariff quotas opened for the October 2012 subperiod by Implementing Regulation (EU) No 1273/2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation.

               (2)

               October is the only subperiod for the quota with order number 09.4138 provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011. This quota comprises the balance of the unused quantities from the quotas with order numbers 09.4127 — 09.4128 — 09.4129 — 09.4130 in the previous subperiod. October is the last subperiod for the quotas provided for under Article 1(1)(b) and (e) of Implementing Regulation (EU) No 1273/2011, which comprise the balance of the unused quantities from the previous subperiod.

               (3)

               The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quota with order number 09.4138, the applications lodged in the first 10 working days of October 2012 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantity requested under the quota concerned.

               (4)

               The notifications also show that, for the quota with order number 09.4148, the applications lodged in the first 10 working days of October 2012 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.

               (5)

               The final percentage take-up for 2012 of each quota provided for by Implementing Regulation (EU) No 1273/2011 should also be made known.

               (6)

               In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For import licence applications for rice under the quota with order number 09.4138 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of October 2012, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The final percentage take-up for 2012 of each quota provided for by Implementing Regulation (EU) No 1273/2011 is given in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 325, 8.12.2011, p. 6.

      ANNEX

         Quantities to be allocated for the October 2012 subperiod under Implementing Regulation (EU) No 1273/2011 and final percentage take-up for 2012

                  (a)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2012 subperiod

                              Final percentage take-up of the quota for 2012

                              United States

                              09.4127

                              96,41 %

                              Thailand

                              09.4128

                              98,94 %

                              Australia

                              09.4129

                              64,72 %

                              Other origins

                              09.4130

                              100 %

                              All countries

                              09.4138

                              1,109158 %

                              100 %

                  (b)

                  Quota of husked rice covered by CN code 1006 20 as provided for in Article 1(1)(b) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2012 subperiod

                              Final percentage take-up of the quota for 2012

                              All countries

                              09.4148

                              — (1)

                              0 %

                  (c)

                  Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Final percentage take-up of the quota for 2012

                              Thailand

                              09.4149

                              23,81 %

                              Australia

                              09.4150

                              0 %

                              Guyana

                              09.4152

                              0 %

                              United States

                              09.4153

                              39,39 %

                              Other origins

                              09.4154

                              100 %

                  (d)

                  Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Final percentage take-up of the quota for 2012

                              Thailand

                              09.4112

                              100 %

                              United States

                              09.4116

                              100 %

                              India

                              09.4117

                              100 %

                              Pakistan

                              09.4118

                              100 %

                              Other origins

                              09.4119

                              100 %

                              All countries

                              09.4166

                              100 %

                  (e)

                  Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(e) of Implementing Regulation (EU) No 1273/2011:

                              Origin

                              Order number

                              Allocation coefficient for October 2012 subperiod

                              Final percentage take-up of the quota for 2012

                              All countries

                              09.4168

                              — (2)

                              100 %

         (1)  No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.

         (2)  No quantity available for this subperiod.


title: Commission Implementing Regulation (EU) No 1331/2014 of 15 December 2014 making imports of stainless steel cold-rolled flat products originating in the People's Republic of China and Taiwan subject to registration

text:
               16.12.2014

               EN

               Official Journal of the European Union

               L 359/90

         COMMISSION IMPLEMENTING REGULATION (EU) No 1331/2014
   of 15 December 2014
   making imports of stainless steel cold-rolled flat products originating in the People's Republic of China and Taiwan subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic anti-dumping Regulation’), and in particular Article 14(5) thereof,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic anti-subsidy Regulation’), and in particular Article 24(5) thereof,
   After informing the Member States,
   Whereas:

               (1)

               On 26 June 2014, the European Commission (‘the Commission’) announced by a notice published in the Official Journal of the European Union
                   (3), the initiation of an anti-dumping proceeding concerning imports of stainless steel cold-rolled flat products originating in the People's Republic of China (‘China’) and Taiwan following a complaint lodged on 13 May 2014 by EUROFER (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of stainless steel cold-rolled flat products.

               (2)

               On 14 August 2014, the Commission announced by a notice published in the Official Journal of the European Union
                   (4), the initiation of an anti-subsidy proceeding concerning imports of stainless steel cold-rolled flat products originating in China following a complaint lodged on 1 July 2014 by EUROFER on behalf of producers representing more than 25 % of the total Union production of stainless steel cold-rolled flat products.

         A.   PRODUCT CONCERNED

               (3)

               The product subject to the registration is flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), currently falling within CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81 and 7220 20 89, and originating in China and Taiwan (‘the product concerned’).

         B.   REQUEST

               (4)

               The registration requests pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation were made by the complainant on 25 and 29 September 2014 respectively. The complainant requested that imports of the product concerned are made subject to registration so that measures may subsequently be applied against those imports from the date of such registration.

         C.   GROUNDS FOR THE REGISTRATION

               (5)

               According to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action.

               (6)

               The complainant claimed that registration is justified as the product concerned was being dumped and subsidised. Significant injury to the Union industry, which is difficult to repair, was being caused by the low-priced imports.

               (7)

               As regards dumping, the Commission has at its disposal sufficient prima facie evidence that imports of the product concerned are being dumped. For China, the complainant provided evidence on the normal value based on total cost of production plus a reasonable amount for selling, general and administrative expenses and for profits, based on the choice of the USA as analogue country. For Taiwan, the complainant provided evidence on the normal value based on a constructed normal value (manufacturing costs, selling, general and administrative costs — SG&A — and profit).

               (8)

               The evidence of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product concerned when sold for export to the Union. As a whole, and given the extent of the dumping margins alleged, this evidence provides sufficient support at this stage that the exporters in both China and Taiwan practice dumping.

               (9)

               As regards subsidisation, the Commission has at its disposal sufficient prima facie evidence that imports of the product concerned from China are being subsidised. The alleged subsidies consist, inter alia, of:

                           —

                           Direct transfer of funds and potential direct transfer of funds or liabilities, for example policy loans to the stainless steel cold rolled flat products industry.

                           —

                           Equity programmes: for example debt-for-equity swaps, equity infusion, unpaid dividends for SOEs.

                           —

                           Grant programmes: for example China World Top Brand Programme, Famous Brands Programmes/sub-central government programmes to promote famous export brands (for example Chongqing; Hubei; Ma'anshan: Wuhan famous brands and Shandong Province Top Brands Programme), programmes to rebate anti-dumping legal fees, the State Key Technology Project Fund, export assistance grants.

                           —

                           Regional programmes: for example the Northeast Revitalization Programme, export interest subsidies, export loans, grants under the Science and Technology Programme of Jiangsu Province, Liaoning Province Grants — Five Point One Line Programme, subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area: Science and Technology Fund.

                           —

                           Government revenue that is otherwise due is forgone or not collected (for example loans and interest forgiveness for SOEs).

                           —

                           Income and other direct taxes programmes, for example:

                                       —

                                       income tax credit for the purchase of domestically manufactured production equipment,

                                       —

                                       preferential tax policies for companies that are recognised as high and new technology enterprises,

                                       —

                                       tax policies for the deduction of research and development expenses,

                                       —

                                       income tax concessions for enterprises engaged in comprehensive resource utilisation (‘special raw materials’),

                                       —

                                       tax credit concerning the purchase of special equipment,

                                       —

                                       preferential income tax policy for enterprises in the northeast region,

                                       —

                                       various local tax discounts such as those of the Shandong province, the Chongqing City, the Guangxi Region Zhuang and the tax privileges to develop central and western regions,

                                       —

                                       dividend exemption between qualified resident enterprises,

                                       —

                                       indirect tax and tariff exemption programmes, for example: import tariff and VAT exemptions for foreign invested enterprises (FIEs) and certain domestic enterprises using imported equipment in encouraged industries,

                                       —

                                       VAT refunds for FIEs purchasing domestically produced equipment,

                                       —

                                       tax concessions for central and western regions,

                                       —

                                       VAT deduction on fixed assets in the central region.

                           —

                           Regional programmes: for example subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area.

                           —

                           Provision of goods or services for less than adequate remuneration, for example the provision of stainless steel cold rolled flat products raw materials (such as ferrochrome, nickel and nickel pig iron, molybdenum and stainless steel scrap) for less than adequate remuneration.

                           —

                           Provision of inputs for less than adequate remuneration, for example stainless steel hot rolled and slabs, land use rights, water and electricity, provision of electricity and water in the Jiangsu Province.

               (10)

               It is alleged that the above schemes are subsidies since they involve a financial contribution from the government of China or other regional governments (including public bodies) and confer a benefit to the recipients. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable.

               (11)

               Given the above, the evidence provides sufficient support at this stage that the exports of the product concerned are benefiting from countervailable subsidies.

               (12)

               As regards injury, the request provides sufficient evidence of critical circumstances, where for the product concerned injury, which is difficult to repair, is caused by massive imports benefiting from countervailable subsidies in a relatively short period of time. Evidence of such circumstances includes the significant increase of imports in a short period of time (January-July 2014) amounting to approx. 90 % for the two countries combined.

               (13)

               Furthermore, the Commission has at its disposal sufficient prima facie evidence that the exporters' dumping and subsidy practices are causing material injury to the Union industry. In the complaints and the subsequent submissions related to the requests for registration, the evidence regarding the price and volume of imports shows a massive increase of imports in absolute terms and in terms of market share in the period between 2010 and 2013, and a further increase of approx. 115 % for China and 66 % for Taiwan in 2014. The volume and prices of the product concerned have had a negative impact on the quantities sold and level of the prices charged in the Union market and the market share held by the Union industry. This is resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. The evidence concerning the injury factors set out in Article 3(5) of the basic anti-dumping Regulation and Article 8(4) of the basic anti-subsidy Regulation consists of data contained in the complaints and the subsequent submissions regarding registration, supported by publicly available data from Eurostat.

               (14)

               The Commission also has at its disposal sufficient prima facie evidence, contained in the anti-dumping complaint and the subsequent correspondence, that the importers were aware, or should have been aware, that the exporters' dumping practices are injurious or are likely to be injurious to the Union industry. Chinese and Taiwanese imports were already subject to an anti-dumping investigation in the Union in 2008-09. In the Commission Decision terminating the investigation (5), it was established that Chinese and Taiwanese prices undercut Union industry prices, the appearance of injurious dumping could not be excluded. Also, imports into the Union of the product concerned were made subject to monitoring, inter alia, for the purpose of the initiation of a new proceeding. In addition, Brazil, Taiwan, Thailand and Vietnam have subsequently imposed anti-dumping duties against Chinese exports of the product under investigation. Finally, given the extent of the dumping that may be occurring, it is reasonable to assume that the importers would be aware, or should be aware, of the situation.

               (15)

               As regards dumping, the Commission has at its disposal sufficient prima facie evidence that such injury is being caused or would be caused by a further substantial rise in these imports. In light of the timing, the volume of the dumped imports and other circumstances (such as the growing level of stocks or reduced capacity utilisation) would be likely to seriously undermine the remedial effect of any definitive duties, unless such duties would be applied retroactively. In addition, in view of the initiation of the current proceedings, it is reasonable to assume that the imports of the product concerned may further increase prior to the adoption of provisional measures, if any, and inventories may be rapidly built up by the importers.

         D.   PROCEDURE

               (16)

               In view of the above, the Commission has concluded that the complainant provided sufficient prima facie evidence to justify making imports of the product concerned subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation.

               (17)

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

         E.   REGISTRATION

               (18)

               Pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigations result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with Article 10(4) of the basic anti-dumping Regulation and Article 16(4) of the basic anti-subsidy Regulation.

               (19)

               The amount of any future liability would emanate from the combined findings of the anti-dumping and the anti-subsidy investigations respectively.

               (20)

               The complainant requesting the initiation of an anti-dumping investigation estimates an average dumping margin of around 10 %-25 % for China and Taiwan and underselling margins of 40 %-50 % for China and 20 %-40 % for Taiwan for the product concerned. The estimated amount of possible future liability is set at the level of dumping estimated on the basis of the anti-dumping complaint, i.e. 10 %-25 % ad valorem on the CIF import value of the product concerned.

               (21)

               The complainant requesting the initiation of an anti-subsidy investigation estimates the level of subsidisation as significant without providing a precise quantification of the subsidisation margin. It estimates and average underselling margin of 40 %-50 % for the product concerned for China. The estimated amount of possible future liability is set at the level of subsidisation estimated on the basis of the anti-subsidy complaint, i.e. 40 %-50 % ad valorem on the CIF import value of the product concerned.

         F.   PROCESSING OF PERSONAL DATA

               (22)

               Any personal data collected in the context of this registration will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6),

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The Customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 1225/2009 and Article 24(5) Regulation (EC) No 597/2009 to take the appropriate steps to register the imports into the Union of flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), currently falling within CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81 and 7220 20 89, and originating in People's Republic of China and Taiwan.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   2.   All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 20 days from the date of publication of this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 188, 18.7.2009, p. 93.

      (3)  OJ C 196, 26.6.2014, p. 9.

      (4)  OJ C 267, 14.8.2014, p. 17.

      (5)  OJ L 98, 17.4.2009, p. 42, recital 18.

      (6)  OJ L 8, 12.1.2001, p. 1.