title: Commission Implementing Regulation (EU) No 672/2013 of 15 July 2013 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

text:
               16.7.2013

               EN

               Official Journal of the European Union

               L 193/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 672/2013
   of 15 July 2013
   amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), in particular Article 30 thereof,
   Whereas:

               (1)

               Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.

               (2)

               The Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Commission Implementing Regulations (EU) No 724/2011 (3) and (EU) No 1234/2012 (4).

               (3)

               According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations.

               (4)

               All regional fishery management organisations adopted the principle of publishing an IUU vessel list and update their respective list at their annual meetings (5).

               (5)

               According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list.

               (6)

               The Commission has received the updated lists from the annual meetings of the regional fisheries management organisations.

               (7)

               Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations.

               (8)

               Regulation (EU) No 468/2010 should therefore be amended accordingly.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part B of the Annex to Regulation (EU) No 468/2010 is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the seventh 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 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 286, 29.10.2008, p. 1.

      (2)  OJ L 131, 29.5.2010, p. 22.

      (3)  OJ L 194, 26.7.2011, p. 14.

      (4)  OJ L 350, 20.12.2012, p. 38.

      (5)  Last updates: CCAMLR: 2012 IUU list as adopted at annual meeting CCAMLR-XXXI 24 October-1 November 2012 and updated on 3 April 2013; SEAFO: SEAFO includes in its IUU list CCAMLR, NEAFC-B and NAFO lists; ICCAT: 2013 IUU List as adopted at annual meeting in November 2012 (Recommendation 11-18); IATTC: 2012 list as adopted in 83rd meeting of IATTC in June 2012; NEAFC: IUU B list AM 2012-8rev1 as adopted at 31st annual meeting 12-16 November 2012; NAFO: At its 34th Annual meeting on 17-21 September 2012, NAFO reviewed its IUU vessel list and noted that there were no necessary changes to the list. Subsequently, following a NEAFC decision to delete the vessel ‘RED’ from its IUU list, NAFO deleted on 21 December 2012 this vessel from its IUU list; WCPFC: WCPFC IUU vessel list for 2013 as at 6 December 2012 (effective from 6 February 2013).

      ANNEX

         ‘PART B

            Vessels listed in accordance with Article 30 of Regulation (EC) No 1005/2008

                     IMO (1) ship identification number/RFMO Reference

                     Vessel’s name (previous name) (2)

                     Flag State or Flag Territory [according to a RFMO] (2)

                     Listed in RFMO (2)

                     20060010 (ICCAT)

                     ACROS No 2

                     Unknown (latest known flag: Honduras)

                     ICCAT

                     20060009 (ICCAT)

                     ACROS No 3

                     Unknown (latest known flag: Honduras)

                     ICCAT

                     7306570

                     ALBORAN II (WHITE ENTERPRISE [NAFO/NEAFC]/WHITE, ENTERPRISE, ENXEMBRE, ATALAYA, REDA IV, ATALAYA DEL SUR [SEAFO])

                     Panama (previous flag: St. Kitts and Nevis [NAFO/NEAFC]/St. Kitts & Nevis, Gibraltar [SEAFO])

                     NEAFC, NAFO, SEAFO

                     7424891

                     ALDABRA (OMOA I)

                     Tanzania (previous flags: Togo, Honduras)

                     CCAMLR, SEAFO

                     7036345

                     AMORINN (ICEBERG II, NOEMI, LOME)

                     Unknown (previous flags: Togo, Belize)

                     CCAMLR, SEAFO

                     12290 (IATTC)/20110011 (ICCAT)

                     BHASKARA No 10

                     Unknown (latest known flag: Indonesia)

                     IATTC, ICCAT

                     12291 (IATTC)/20110012 (ICCAT)

                     BHASKARA No 9

                     Unknown (latest known flag: Indonesia)

                     IATTC, ICCAT

                     20060001 (ICCAT)

                     BIGEYE

                     Unknown

                     ICCAT

                     20040005 (ICCAT)

                     BRAVO

                     Unknown

                     ICCAT

                     9407 (IATTC)/20110013 (ICCAT)

                     CAMELOT

                     Unknown

                     IATTC, ICCAT

                     6622642

                     CHALLENGE (MILA, PERSERVERANCE [CCAMLR]/MILA, ISLA, MONTANA CLARA, PERSEVERANCE [SEAFO])

                     Panama (previous flags: Equatorial Guinea, United Kingdom)

                     CCAMLR, SEAFO

                     125 (IATTC)/20110014 (ICCAT)

                     CHIA HAO No 66

                     Unknown (previous flag: Belize)

                     IATTC, ICCAT

                     20080001(ICCAT)

                     DANIAA (CARLOS)

                     Republic of Guinea (Conakry)

                     ICCAT

                     8422852

                     DOLPHIN (OGNEVKA)

                     Unknown (previous flags: Russia, Georgia [NAFO]/Russia [NEAFC, SEAFO])

                     NEAFC, NAFO, SEAFO

                     6163 (IATTC)

                     DRAGON III

                     Unknown

                     IATTC

                     8604668

                     EROS DOS (FURABOLOS)

                     Panama (previous flags: Spain, Seychelles [SEAFO]/Seychelles [NAFO/NEAFC])

                     NEAFC, NAFO, SEAFO

                     7355662

                     FU LIEN No 1

                     Georgia

                     WCPFC

                     20080005 (ICCAT)

                     GALA I (MANARA II/ROAGAN)

                     Unknown (latest known flag: Libya)

                     ICCAT

                     6591 (IATTC)

                     GOIDAU RUEY No 1

                     Unknown (previous flag: Panama)

                     IATTC

                     7020126

                     GOOD HOPE (TOTO, SEA RANGER V)

                     Nigeria (previous flag: Belize)

                     CCAMLR, SEAFO

                     6719419

                     GORILERO (GRAN SOL)

                     Unknown (latest known flags: Sierra Leone, Panama [NAFO/NEAFC])

                     NEAFC, NAFO, SEAFO

                     20090003 (ICCAT)

                     GUNUAR MELYAN 21

                     Unknown

                     IOTC, ICCAT

                     7322926

                     HEAVY SEA [CCAMLR]/HEAVY SEAS [SEAFO]
                     (SHERPA UNO, DUERO, KETA)

                     Panama (previous flag: Uruguay)

                     CCAMLR, SEAFO

                     20100004 (ICCAT)

                     HOOM XIANG 11

                     Unknown (previous flag: Malaysia)

                     IOTC, ICCAT

                     7322897

                     HUANG HE 22 (SIMA QIAN BARU 22, DORITA, MAGNUS, THULE, EOLO, RED MOON, BLACK MOON, INA MAKA, GALAXY, CORVUS)

                     Tanzania [CCAMLR]/Unknown [SEAFO] (previous flags: Uruguay, St Vincent & Grenadines, Equatorial Guinea, Sierra Leone, North Korea (DPRK), Panama)

                     CCAMLR, SEAFO

                     9319856

                     HUIQUAN (WUTAISHAN ANHUI 44, YANGZI HUA 44, TROSKY, PALOMA V [SEAFO 1/CCAMLR])/WUTAISHAN ANHUI 44 (YANGZI HUA 44, PALOMA V, JIAN YUAN, TROSKY [SEAFO 2])

                     Tanzania (previous flags: Mongolia, Namibia, Uruguay [CCAMLR/SEAFO 2])

                     CCAMLR, SEAFO

                     7332218

                     IANNIS I (MOANA MAR, CANOS DE MECA [SEAFO])

                     Panama [NAFO, SEAFO]/Unknown [NEAFC]

                     NEAFC, NAFO, SEAFO

                     6803961

                     ITZIAR II (MARE, NOTRE DAME, GOLDEN SUN, SEABULL 22, CARMELA, GOLD DRAGON)

                     Mali (previous flags: Togo, Equatorial Guinea, Nigeria, Namibia, Bolivia [CCAMLR])

                     CCAMLR, SEAFO

                     9505 (IATTC)

                     JYI LIH 88

                     Unknown

                     IATTC

                     7905039

                     KESHAN (BAIYANGDIAN, PACIFIC DUCHESS [CCAMLR])/BAIYANGDIAN (PACIFIC DUCHESS [SEAFO])

                     Tanzania [SEAFO]/Mongolia [CCAMLR] (previous flag: Tanzania [CCAMLR])

                     SEAFO, CCAMLR

                     7905443

                     KOOSHA 4 (EGUZKIA)

                     Iran (previous flag: Spain [CCAMLR])

                     CCAMLR; SEAFO

                     9037537

                     LANA (ZEUS, TRITON-1, KINSHO MARU No 18)

                     Unknown (previous flags: Japan, Sierra Leone, Mongolia, Togo)

                     CCAMLR, SEAFO

                     20060007 (ICCAT)

                     LILA No 10

                     Unknown (latest known flag: Panama)

                     ICCAT

                     7388267

                     LIMPOPO (ROSS, ALOS, LENA, CAP GEORGE, CONBAROYA, TERCERO [SEAFO]/LENA, ALOS, ROSS [CCAMLR])

                     Unknown (latest known flags: Togo, Ghana, Seychelles)

                     CCAMLR, SEAFO

                     20040007 (ICCAT)

                     MADURA 2

                     Unknown

                     ICCAT

                     20040008 (ICCAT)

                     MADURA 3

                     Unknown

                     ICCAT

                     7325746

                     MAINE (MAPOSA NOVENO, GUINESPA I [SEAFO])

                     Republic of Guinea (Conakry)

                     NEAFC, NAFO, SEAFO

                     20060002 (ICCAT)

                     MARIA

                     Unknown

                     ICCAT

                     9435 (IATTC)/20110002 (ICCAT)

                     MARTA LUCIA R

                     Colombia

                     IATTC, ICCAT

                     20060005 (ICCAT)

                     MELILLA No 101

                     Unknown (latest known flag: Panama)

                     ICCAT

                     20060004 (ICCAT)

                     MELILLA No 103

                     Unknown (latest known flag: Panama)

                     ICCAT

                     7385174

                     MURTOSA

                     Unknown (latest known flag: Togo [NAFO/NEAFC]/Portugal [SEAFO])

                     NEAFC, NAFO, SEAFO

                     14613 (IATTC)/20110003 (ICCAT)/C-00545 (WCPFC)

                     NEPTUNE

                     Georgia

                     IATTC, ICCAT, WCPFC

                     20060003 (ICCAT)

                     No 101 GLORIA (GOLDEN LAKE)

                     Unknown (latest known flag: Panama)

                     ICCAT

                     20060008 (ICCAT)

                     No 2 CHOYU

                     Unknown (latest known flag: Honduras)

                     ICCAT

                     20060011 (ICCAT)

                     No 3 CHOYU

                     Unknown (latest known flag: Honduras)

                     ICCAT

                     20040006 (ICCAT)

                     OCEAN DIAMOND

                     Unknown

                     ICCAT

                     7826233/20090001 (ICCAT)

                     OCEAN LION

                     Unknown (latest known flag: Equatorial Guinea)

                     IOTC, ICCAT

                     8713392

                     OCTOPUS 1 (PISCIS, SOUTH BOY, GALE, ULYSES, THOR 33, YIN PENG, CHU LIM, THE BIRD, PION)

                     Mongolia (previous flags: Uruguay, Equatorial Guinea, North Korea, Mongolia, Togo, Honduras [CCAMLR])

                     CCAMLR, SEAFO

                     11369 (IATTC)

                     ORCA

                     Unknown (latest known flag: Belize)

                     IATTC

                     20060012 (ICCAT)

                     ORIENTE No 7

                     Unknown (latest known flag: Honduras)

                     ICCAT

                     5062479

                     PERLON (CHERNE, SARGO, HOKING, BIGARO, LUGALPESCA)

                     Unknown (latest known flags: Uruguay, Mongolia, Togo)

                     CCAMLR, SEAFO

                     6607666

                     RAY (KILLY, TROPIC, CONSTANT, ISLA GRACIOSA)

                     Unknown (latest known flags: Belize, Mongolia, Equatorial Guinea, South Africa) [CCAMLR]/Belize (previous flags: South Africa, Equatorial Guinea, Mongolia) [SEAFO]

                     CCAMLR, SEAFO

                     6706084

                     RED (KABOU)

                     Panama (previous flags: Portugal, Republic of Guinea (Conakry))

                     SEAFO

                     95 (IATTC)

                     REYMAR 6

                     Unknown (latest known flag: Belize)

                     IATTC

                     9042001

                     SHAANXI HENAN 33 (XIONG NU BARU 33, LIBERTY, CHILBO SAN 33, HAMMER, CARRAN, DRACO-1)

                     Tanzania (previous flags: Uruguay, Togo, North Korea (DPRK), Panama)

                     CCAMLR, SEAFO

                     20080004 (ICCAT)

                     SHARON 1 (MANARA I/POSEIDON)

                     Unknown (latest known flags: Libya)

                     ICCAT

                     20050001 (ICCAT)

                     SOUTHERN STAR 136 (HSIANG CHANG)

                     Unknown (latest known flag: St. Vincent and the Grenadines)

                     ICCAT

                     9405 (IATTC)

                     TA FU 1

                     Unknown

                     IATTC

                     6818930

                     TCHAW (CONDOR, INCA, VIKING, CISNE AZUL, REX [CCAMLR]/CONDOR, INCA, VIKING, CISNE AZUL, REX, PESCAMEX III, AROSA CUARTO [SEAFO])

                     Unknown (latest known flags: Belize, Seychelles, Togo)

                     CCAMLR, SEAFO

                     13568 (IATTC)

                     TCHING YE No 6 (EL DIRIA I)

                     Unknown (latest known flag: Belize)

                     IATTC

                     6905408

                     THUNDER (ARTIC RANGER, RUBIN, TYPHOON-1, KUKO)

                     Nigeria (previous flags: United Kingdom, Seychelles, Mongolia, Togo [CCAMLR])

                     CCAMLR, SEAFO

                     7321374/7325930 (SEAFO)

                     TRINITY (YUCATAN BASIN, EXEMBRE, FONTENOVA, JAWHARA [NEAFC])/YUCATAN BASIN (ENXEMBRE, FONTE NOVA, JAWHARA [SEAFO/NAFO])

                     Ghana (previous flags: Panama, Morocco) [NEAFC]/Panama (previous flag(s): Morocco [NAFO]/Gibraltar, Morocco [SEAFO])

                     NEAFC, NAFO, SEAFO

                     129 (IATTC)

                     WEN TENG No 688 (apparently changed to MAHKOIA ABADI No 196)

                     Unknown (latest known flag: Belize)

                     IATTC

                     YU FONG 168

                     Taiwan

                     WCPFC

                     20090002 (ICCAT)

                     YU MAAN WON

                     Unknown (latest known flag: Georgia)

                     IOTC, ICCAT

         (1)  International Maritime Organization.

         (2)  For any additional information consult the websites of the regional fisheries management organisations (RFMOs).’


title: Commission Implementing Regulation (EU) No 54/2013 of 22 January 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.1.2013

               EN

               Official Journal of the European Union

               L 20/48

      COMMISSION IMPLEMENTING REGULATION (EU) No 54/2013
   of 22 January 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 January 2013.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  66,0

                  TN

                  88,5

                  TR

                  118,0

                  ZZ

                  90,8

                  0707 00 05

                  EG

                  200,0

                  JO

                  182,1

                  MA

                  158,2

                  TR

                  157,7

                  ZZ

                  174,5

                  0709 91 00

                  EG

                  128,6

                  ZZ

                  128,6

                  0709 93 10

                  EG

                  105,4

                  MA

                  95,6

                  TR

                  140,1

                  ZZ

                  113,7

                  0805 10 20

                  EG

                  55,6

                  MA

                  58,1

                  TN

                  60,2

                  TR

                  62,9

                  ZA

                  46,1

                  ZZ

                  56,6

                  0805 20 10

                  MA

                  88,4

                  ZZ

                  88,4

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

                  IL

                  111,4

                  KR

                  138,5

                  TR

                  82,7

                  ZZ

                  110,9

                  0805 50 10

                  EG

                  87,0

                  TR

                  74,7

                  ZZ

                  80,9

                  0808 10 80

                  CN

                  91,3

                  MK

                  35,9

                  US

                  164,1

                  ZZ

                  97,1

                  0808 30 90

                  CN

                  68,8

                  US

                  132,9

                  ZZ

                  100,9

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


title: Commission Implementing Regulation (EU) 2016/1006 of 22 June 2016 amending Regulation (EU) No 255/2010 as regards the ICAO provisions referred to in Article 3(1) (Text with EEA relevance)

text:
               23.6.2016

               EN

               Official Journal of the European Union

               L 165/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1006
   of 22 June 2016
   amending Regulation (EU) No 255/2010 as regards the ICAO provisions referred to in Article 3(1)
   (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 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and the use of the airspace in the single European sky (the airspace Regulation) (1) and in particular Article 6(7) thereof,
   Whereas:

               (1)

               Article 3(1) of Commission Regulation (EU) No 255/2010 (2) requires that the planning, coordination and execution of air traffic flow management (ATFM) measures by the parties, or agents acting on their behalf, involved in ATFM processes referred to in Article 1(3) shall comply with the ICAO provisions specified in the Annex. That Annex refers to definitions and various provisions laid down in Annex 11 to the Convention on International Civil Aviation (the Chicago Convention), and more specifically to its 13th edition dated July 2001, which incorporates Amendment No 47. Since the adoption of Regulation (EU) No 255/2010, the ICAO has amended a number of definitions and provisions of Annex 11 to the Chicago Convention, most recently incorporating Amendment No 49.

               (2)

               The Annex to Regulation (EU) No 255/2010 also refers to provisions laid down in the ICAO Regional Supplementary Procedures (Doc 7030), and more specifically to its 5th edition dated 2007. However, the 5th edition of Doc 7030 is in fact dated 2008 and the reference to the edition date 2007 needs to be corrected.

               (3)

               The references in Regulation (EU) No 255/2010 to Annex 11 to the Chicago Convention and to ICAO Doc 7030 should therefore be corrected and updated in order to enable the Member States to meet their international legal obligations and ensure consistency with the ICAO's international regulatory framework.

               (4)

               Regulation (EU) No 255/2010 should therefore be amended accordingly.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee, established by Article 5 of Regulation (EC) No 549/2004 of the European Parliament and of the Council (3),

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex of Regulation (EU) No 255/2010 is replaced by the following:

         ‘ANNEX

            List of the ICAO provisions for the purposes of air traffic flow management

                     1.

                     Chapter 3 paragraph 3.7.5 (Air Traffic Flow Management) of Annex 11 to the Chicago Convention — Air Traffic Services (13th edition — July 2001, incorporating amendment No 49).

                     2.

                     Chapter 3 (ATS system capacity and air traffic flow management) of ICAO Doc 4444, Procedures for Air Navigation Services — Air Traffic Management (PANS-ATM) (15th edition — 2007).

                     3.

                     Chapter 8 paragraph 8.3 (Exemptions from ATFM slot allocation) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2008).

                     4.

                     Chapter 8 paragraph 8.4 1.c) (on aircraft operator adherence to ATFM measures) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2008).

                     5.

                     Chapter 2 paragraph 2.3.2 (on changes to EOBT) of ICAO Doc 7030, European (EUR) Region Supplementary Procedures (5th edition 2008).’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 96, 31.3.2004, p. 20.

      (2)  Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 80, 26.3.2010, p. 10).

      (3)  Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p. 1).


title: Commission Implementing Regulation (EU) 2015/2107 of 20 November 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               21.11.2015

               EN

               Official Journal of the European Union

               L 305/45

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2107
   of 20 November 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 November 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  50,7

                  MA

                  69,8

                  ZZ

                  60,3

                  0707 00 05

                  AL

                  74,3

                  MA

                  93,8

                  TR

                  144,3

                  ZZ

                  104,1

                  0709 93 10

                  AL

                  80,9

                  MA

                  54,7

                  TR

                  159,2

                  ZZ

                  98,3

                  0805 20 10

                  MA

                  95,4

                  TR

                  83,5

                  ZZ

                  89,5

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

                  TR

                  67,4

                  ZZ

                  67,4

                  0805 50 10

                  TR

                  102,7

                  ZZ

                  102,7

                  0808 10 80

                  AU

                  166,8

                  CA

                  158,0

                  CL

                  73,7

                  MK

                  32,3

                  NZ

                  172,8

                  ZA

                  164,9

                  ZZ

                  128,1

                  0808 30 90

                  BA

                  85,4

                  CN

                  59,1

                  TR

                  120,6

                  ZZ

                  88,4

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


title: Commission Implementing Regulation (EU) 2015/1939 of 9 October 2015 entering a name in the register of protected designations of origin and protected geographical indications (Latvijas lielie pelēkie zirņi (PDO))

text:
               29.10.2015

               EN

               Official Journal of the European Union

               L 283/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1939
   of 9 October 2015
   entering a name in the register of protected designations of origin and protected geographical indications (Latvijas lielie pelēkie zirņi (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Latvia's application to register the name ‘Latvijas lielie pelēkie zirņi’ 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 ‘Latvijas lielie pelēkie zirņi’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Latvijas lielie pelēkie zirņi’ (PDO) 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, 9 October 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 189, 6.6.2015, p. 11.

      (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) No 783/2013 of 14 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               15.8.2013

               EN

               Official Journal of the European Union

               L 219/28

         COMMISSION IMPLEMENTING REGULATION (EU) No 783/2013
   of 14 August 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 August 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  Code NC

                  Code des pays tiers (1)

                  Valeur forfaitaire à l'importation

                  0709 93 10

                  TR

                  148,4

                  ZZ

                  148,4

                  0805 50 10

                  AR

                  99,2

                  CL

                  101,4

                  TR

                  70,0

                  UY

                  115,6

                  ZA

                  103,6

                  ZZ

                  98,0

                  0806 10 10

                  EG

                  186,1

                  MA

                  161,7

                  MX

                  264,4

                  TR

                  155,7

                  ZZ

                  192,0

                  0808 10 80

                  AR

                  199,4

                  BR

                  106,7

                  CL

                  139,8

                  CN

                  74,9

                  NZ

                  129,5

                  US

                  164,7

                  ZA

                  114,8

                  ZZ

                  132,8

                  0808 30 90

                  AR

                  183,4

                  CL

                  146,4

                  TR

                  152,4

                  ZA

                  102,7

                  ZZ

                  146,2

                  0809 30

                  TR

                  148,5

                  ZZ

                  148,5

                  0809 40 05

                  BA

                  44,8

                  MK

                  61,9

                  TR

                  92,4

                  ZZ

                  66,4

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


title: Commission Implementing Regulation (EU) 2015/563 of 8 April 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               9.4.2015

               EN

               Official Journal of the European Union

               L 93/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/563
   of 8 April 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

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

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  102,3

                  MA

                  105,2

                  TR

                  122,2

                  ZZ

                  109,9

                  0707 00 05

                  MA

                  39,8

                  MK

                  97,3

                  TR

                  142,0

                  ZZ

                  93,0

                  0709 93 10

                  MA

                  81,5

                  TR

                  165,8

                  ZZ

                  123,7

                  0805 10 20

                  CL

                  64,9

                  EG

                  46,5

                  IL

                  74,2

                  MA

                  64,0

                  TN

                  54,5

                  TR

                  66,7

                  ZZ

                  61,8

                  0805 50 10

                  TR

                  49,5

                  ZZ

                  49,5

                  0808 10 80

                  BR

                  98,4

                  CL

                  96,7

                  MK

                  28,2

                  US

                  238,8

                  ZA

                  123,2

                  ZZ

                  117,1

                  0808 30 90

                  AR

                  133,9

                  CL

                  141,7

                  CN

                  106,3

                  ZA

                  127,4

                  ZZ

                  127,3

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


title: Commission Implementing Regulation (EU) No 990/2012 of 25 October 2012 concerning the authorisation of a preparation of Propionibacterium acidipropionici (CNCM MA 26/4U) as a feed additive for all animal species  Text with EEA relevance

text:
               26.10.2012

               EN

               Official Journal of the European Union

               L 297/15

         COMMISSION IMPLEMENTING REGULATION (EU) No 990/2012
   of 25 October 2012
   concerning the authorisation of a preparation of Propionibacterium acidipropionici (CNCM MA 26/4U) as a feed additive for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10(7) of Regulation (EC) No 1831/2003 in conjunction with Article 10(1) to (4) thereof sets out specific provisions for the evaluation of products used in the Union as silage additives at the date that Regulation became applicable.

               (2)

               In accordance with Article 10(1) of Regulation (EC) No 1831/2003, a preparation of Propionibacterium acidipropionici (CNCM MA 26/4U), hereinafter ‘the preparation’, was entered in the Community Register of Feed Additives as an existing product belonging to the functional group of silage additives, for all animal species.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the authorisation of the preparation as a feed additive for all animal species, requesting that additive to be classified in the category ‘technological additives’ and in the functional group ‘silage additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (the Authority) concluded in its opinion of 25 April 2012 (2) that, under the proposed conditions of use, the preparation does not have an adverse effect on animal health, human health or the environment, and that the use of the preparation has the potential to improve the aerobic stability of the treated silage. 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 Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Authorisation
   The preparation specified in the Annex belonging to the additive category ‘technological additives’ and to the functional group ‘silage additives’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   Transitional measures
   The preparation specified in the Annex and feed containing that preparation, which are produced and labelled before 15 May 2013 in accordance with the rules applicable before 15 November 2012 may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2012; 10(5):2673.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  CFU/kg of fresh material

                     Category of technological additives. Functional group: silage additives

                  1k2111

                  —

                     Propionibacterium acidipropionici (CNCM MA 26/4U)

                                 Additive composition

                              Preparation of Propionibacterium acidipropionici (CNCM MA 26/4U) containing a minimum of 1 x 108 CFU/g additive

                                 Characterisation of the active substance

                                 Propionibacterium acidipropionici (CNCM MA 26/4U)

                                 Analytical method
                                  (1)

                                          Enumeration in the feed additive: spread plate method (EN 15787)

                                          Identification: Pulsed Field Gel Electrophoresis (PFGE).

                  All animal species

                  —

                  —

                  —

                              1.

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

                              2.

                              Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additive: 1 x 108 CFU/kg of fresh material.

                              3.

                              For safety: it is recommended to use breathing protection and gloves during handling.

                  15 November 2022

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


title: Commission Implementing Regulation (EU) 2017/740 of 27 April 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.4.2017

               EN

               Official Journal of the European Union

               L 111/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/740
   of 27 April 2017
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 April 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  EG

                  288,4

                  MA

                  98,9

                  TR

                  115,6

                  ZZ

                  167,6

                  0707 00 05

                  TR

                  147,7

                  ZZ

                  147,7

                  0709 93 10

                  TR

                  147,7

                  ZZ

                  147,7

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  46,3

                  IL

                  90,6

                  MA

                  54,1

                  TR

                  41,8

                  ZA

                  43,6

                  ZZ

                  55,3

                  0805 50 10

                  EG

                  56,5

                  TR

                  54,0

                  ZZ

                  55,3

                  0808 10 80

                  AR

                  89,5

                  BR

                  113,7

                  CL

                  126,8

                  NZ

                  170,3

                  US

                  116,7

                  ZA

                  81,3

                  ZZ

                  116,4

                  0808 30 90

                  AR

                  167,9

                  CL

                  132,8

                  CN

                  98,4

                  ZA

                  110,9

                  ZZ

                  127,5

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


title: Council Implementing Regulation (EU) No 905/2011 of 1 September 2011 terminating the partial interim review concerning the anti-dumping measures on imports of certain polyethylene terephthalate (PET) originating in India

text:
               9.9.2011

               EN

               Official Journal of the European Union

               L 232/14

         COUNCIL IMPLEMENTING REGULATION (EU) No 905/2011
   of 1 September 2011
   terminating the partial interim review concerning the anti-dumping measures on imports of certain polyethylene terephthalate (PET) originating in India
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Article 11(3) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Measures in force

               (1)

               By Regulation (EC) No 2604/2000 (2), the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) originating, inter alia, in India (‘the original investigation’). Following an expiry review, the Council, by Regulation (EC) No 192/2007 (3) imposed a definitive anti-dumping duty for a further period of five years. The anti-dumping measures were amended by Council Regulation (EC) No 1286/2008 (4) following a partial interim review (‘the last review investigation’). The measures were set at the injury elimination level and consist of specific anti-dumping duties. The rate of the duty ranges between EUR 87,5 and EUR 200,9 per tonne for individually named Indian producers with a residual duty rate of EUR 153,6 per tonne imposed on imports from other producers (‘the current duties’).

               (2)

               By Regulation (EC) No 2603/2000 (5), the Council imposed a definitive countervailing duty on imports of PET originating, inter alia, in India. Following an expiry review, the Council, by Regulation (EC) No 193/2007 (6) imposed a definitive countervailing duty for a further period of five years. The countervailing measures were amended by Regulation (EC) No 1286/2008 following the last review investigation. The countervailing measures consist of a specific duty. The rate of the duty ranges between EUR 0 and EUR 106,5 per tonne for individually named Indian producers with a residual duty rate of EUR 69,4 per tonne imposed on imports from other producers (‘the current countervailing measures’).

               (3)

               By Decision 2000/745/EC (7) the Commission accepted undertakings offered by several exporting producers setting a minimum import price (MIP) (‘the undertaking’).

         1.2.   Request for a review

               (4)

               A request for a partial interim review pursuant to Article 11(3) of the basic Regulation was lodged by Reliance Industries Limited, an Indian exporting producer of PET (‘the applicant’). The request was limited in scope to dumping and to the applicant. The applicant at the same time also requested the review of the current countervailing measures. The residual anti-dumping and countervailing duties are applicable to imports of products produced by the applicant and sales of the applicant to the Union are governed by the undertaking.

               (5)

               The applicant provided prima facie evidence that the continued application of the current duty at its current level was no longer necessary to offset dumping. In particular, the applicant claimed that there had been significant changes in the production costs of the company and that these changes led to a substantially lower dumping margin since the imposition of the current duties. A comparison made by the applicant of its domestic prices and its export prices to the Union suggested that the dumping margin was substantially lower than the level of current duties.

         1.3.   Initiation of a partial interim review

               (6)

               Having determined, after consulting the Advisory Committee, that the request contained sufficient prima facie evidence to justify the initiation of the partial interim review (‘this review’), the Commission announced, by a notice of initiation (8) published in the Official Journal of the European Union on 10 June 2010, the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation limited to the examination of dumping as far as the applicant is concerned.

         1.4.   Product concerned and like product

               (7)

               The product under review is polyethylene terephthalate (PET) having a viscosity of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within CN code 3907 60 20 and originating in India (‘the product concerned’).

               (8)

               The investigation revealed that the product concerned produced in India and sold to the Union is identical in terms of physical and chemical characteristics and uses to the product produced and sold on the domestic market in India. It is therefore concluded that products sold on the domestic and export markets are like products within the meaning of Article 1(4) of the basic Regulation. Since this review was limited to the determination of dumping as far as the applicant is concerned, no conclusions were reached with regard to the product produced and sold by the Union industry on the Union market.

         1.5.   Parties concerned

               (9)

               The Commission officially informed the applicant, the representatives of the exporting country and the association of Union producers about the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

               (10)

               All interested parties who so requested and showed that there were particular reasons for being heard were granted a hearing.

               (11)

               In order to obtain the information deemed necessary for its investigation, the Commission sent a questionnaire to the applicant and received a reply within the deadline set for that purpose.

               (12)

               The Commission sought and verified all information deemed necessary for the determination of dumping. The Commission carried out a verification visit at the premises of the applicant in Mumbai, India.

         1.6.   Review investigation period

               (13)

               The investigation of dumping covered the period from 1 April 2009 to 31 March 2010 (‘the review investigation period’ or ‘RIP’).

         2.   RESULTS OF THE INVESTIGATION

   2.1.   Lasting nature of the alleged change of circumstances during the RIP

               (14)

               In accordance with Article 11(3) of the basic Regulation, it was examined whether the circumstances with regard to dumping have changed significantly and whether such change was of a lasting nature.

               (15)

               The applicant claimed that the changes in its normal value and export prices since the original investigation establishing its dumping margin were the result of a significant change in production costs. The change in its cost of production was claimed to be linked to the reduction of customs duties applicable to imports in India of the basic raw material used in its production process. Furthermore, the applicant also claimed that the reduction of customs duties led to a reduction in export incentives which resulted in changed domestic sales prices used to determine the normal value.

               (16)

               However, it was found that, in spite of the reductions of custom duties and export incentives, the domestic sales prices of the company used to determine the normal value in the RIP were higher than the prices used in the original investigation establishing the applicant’s dumping margin. The higher domestic sales prices resulted, inter alia, from the increased cost of certain raw materials and other inputs.

               (17)

               As far as export prices to the Union in the RIP were concerned, they were determined pursuant to Article 2(8) and (9) of the basic Regulation. However, it had to be analysed in particular whether the existence of a price undertaking under which the applicant was obliged to sell its product to the Union market at a price above a MIP set for each month during the RIP has influenced the export prices of the applicant. It was concluded, for the reasons set out below, that the exports to the Union were indeed influenced by the price undertaking. In this regard, given that the applicant had to comply with the undertaking MIP obligations, it chose not to export to the Union during specific months of the RIP when its export prices to other export markets were below the MIP.

               (18)

               It was observed that the applicant sold its product to the Union only during six months of the RIP. On the other hand, it sold products throughout the period to other export markets where it did not have to comply with the obligation set in the price undertaking. It was noted that export prices to third countries in the months during which the applicant did not export to the Union were significantly lower than the established MIP. Therefore, in the light of the above, it can be reasonably assumed that the applicant’s sole reason for not selling products to the Union in the remaining months was that it had to comply with its undertaking and could not sell below the MIP set.

               (19)

               The applicant contested the finding that the reason for not selling products to the Union market was linked to the existing undertaking. The applicant argued that in regard to its sales in the RIP to other large export markets there were months during which there were no sales and thus irregular sales were not a specific feature of the Union market. It also claimed that a monthly comparison of the import prices of the product concerned to the Union from all other exporting countries and/or the import prices of the product concerned originating in India with the monthly MIP of the company would show that the applicant would have been able to sell products to the Union in all months of the RIP without breaching its undertaking.

               (20)

               The applicant’s arguments cannot be accepted because, on the one hand, the company focussed its activity on selected individual markets which are driven by their own market specificities and do not give indications as to why the company did not sell to the Union. On the other hand, the comparisons made by the applicant were based on overall statistical data whereas the findings of this review are based on company-specific data which is a more relevant and reliable source from which to draw conclusions. The arguments presented by the applicant were also not fully valid, e.g. in some months, overall import prices to the Union were indeed higher than the MIP, while in other periods overall import prices were lower —, no general conclusions could thus be drawn from them. However, it is undisputed that the applicant had sales to the Union only in the months when the overall import prices to the Union were at the level or higher than the MIP.

               (21)

               The applicant’s argument that it would have been able, should it have wanted, to sell products on the Union market during the six months period it was selling products on other export markets at a price lower than its MIP is rejected as speculative and non-substantiated. The applicant did not put forward any other argument as to the reasons why it did not sell products to the Union during those six months while at the same time it was selling the same products on other export markets at a price lower than its MIP. Therefore, it was concluded that the applicant did not sell products to the Union during a certain period because of the need to comply with its undertaking. In consequence, the export prices charged on the Union market in the RIP are not reliable.

               (22)

               A comparison was also made between the sales prices of the applicant to the Union market and the prices achieved on other export markets for which no price undertaking existed. It was observed that export prices to those markets without price obligations were consistently lower throughout the RIP.

               (23)

               The applicant questioned the conclusions drawn from the comparison of prices to the Union and other exports markets, claiming that when analysed on a country-by-country basis, there are several other export markets where prices charged are above the prices charged on the Union market. However, in this respect, the comparison of average prices is more relevant than the individual differences on a country-by-country comparison which will be linked to the size as well as to distinctive competitive factors at play on those individual markets.

               (24)

               Consequently, the export prices on third markets better reflect the company’s normal pricing behaviour. The price differential between export prices to the Union and export prices to the rest of the world indicates that there are strong economic arguments to induce the applicant to sell at lower prices to the Union if there were no MIP. Under these circumstances it is considered that any newly calculated dumping margin based on the export prices to the Union in the RIP would thus be set on the basis of prices that have not changed significantly and in a lasting manner. The same conclusion applies to the applicant’s claim, as mentioned in recital 5, that a comparison of its domestic prices and its export prices to the Union would show a dumping margin lower than the level of current duties.

               (25)

               In light of the above, the condition set in Article 11(3) of the basic Regulation that circumstances with regard to dumping changed significantly is not met. Therefore, the continued imposition of the measures at their current level is necessary to offset dumping.

               (26)

               After disclosure, the applicant insisted that its prices charged on the Union market are fully reliable. Since these export prices increased significantly between the original investigation period and the RIP, the company’s export behaviour should be considered also to have changed significantly and lastingly during this period. Therefore the company’s dumping margin would allegedly also have decreased significantly and in a lasting manner.

               (27)

               It furthermore argued that the lasting change in circumstances is not necessarily the determining element for the assessment to be made after initiating a review but it is more relevant whether the continued imposition of the duty is necessary to offset dumping. It referred to the fundamental principle set out in Article 11(1) and of the basic Regulation and Article 11.1 of the WTO Anti-dumping Agreement that anti-dumping measures shall remain in force only as long as, and to the extent that, they are necessary to counteract dumping which is causing injury. In this respect, the applicant claimed that the analysis of the necessity should be a prospective assessment that would require at the very least the likely or probable recurrence of dumping at the level previously established.

               (28)

               Article 11(1) of the basic Regulation provides that ‘An anti-dumping measure shall remain in force only as long as, and to the extent that, it is necessary to counteract the dumping which is causing injury’. This principle is carried through to treatment of interim reviews, such as in the case at hand, where Article 11(3) of the basic Regulation provides, inter alia, that ‘[…] An interim review shall be initiated where the request contains sufficient evidence that the continued imposition of the measure is no longer necessary to offset dumping and/or that the injury would be unlikely to continue or recur if the measure were removed or varied […].’ The aforementioned provision sets the benchmark to be met where an interested party considers that the level of measures is too low or too high and consequently requests a review of those measures. Once such a review is initiated, Article 11(3) of the basic Regulation goes on to explicitly provide that ‘in carrying out investigations pursuant to this paragraph, the Commission may, inter alia, consider whether the circumstances with regard to dumping […] have changed significantly […]. In these respects, account shall be taken in the final determination of all relevant and duly documented evidence’. Therefore Article 11(3) provides for an additional assessment criterion (i.e. a significant change in circumstances) in case of interim reviews that should be looked at during the investigation in addition to the initiation requirement (i.e. assessing whether the measures at the current level still necessary) as claimed by the applicant.

               (29)

               It should also be noted that it is standard practice in interim review investigations to examine the lasting nature of the changed circumstances found during an investigation. Indeed, in this respect, the case law of the General Court of the European Union (9) confirms that ‘when assessing the need to continue existing measures the institutions have a wide discretion, which includes the option of carrying out a prospective assessment of the pricing policy of the exporters concerned’. The evidence at hand shows that the export prices charged by the applicant on the Union market do not reflect the applicant’s actual pricing policy and therefore, as concluded in recital 21, the export prices charged on the Union market in the RIP are not reliable and consequently any newly calculated dumping margin based on these prices would thus be set on the basis of prices that have not changed significantly and in a lasting manner, as stated in recital 24.

               (30)

               Despite the conclusion that export prices to the Union have not changed significantly and in a lasting manner, consideration was given to the applicant’s arguments and to whether the measures at their current level are still necessary to counteract dumping. In this regard, the applicant claimed that sinceits dumping margin would be significantly below that found in the original investigation and its export behaviour in other markets would confirm that the change in the dumping margin reflects the trend that can reasonably be expected in the future, the current level of measures is manifestly excessive. However, these arguments were found not to be supported by the facts. First, concerning the applicant’s export behaviour on other markets, it was found that, contrary to the claim in the applicant’s request, the prices to these markets were, on average, almost 10 % lower than those to the Union. These third country export markets comprise a number of countries of different market size, with some of them unlikely to have domestic production of PET. These markets are hence defined by their own individual characteristics of competition leading to prices and trends different from those on the Union market. Second, in light of these findings, even if it were found that the current level of measures should be changed on the grounds that it was no longer necessary to counteract dumping, it is not possible to determine with a reasonable degree of accuracy what would be the appropriate level in the absence of reliable export prices which result from and reflect the normal conditions on the Union market.

               (31)

               Finally the applicant considered that an adjustment could be made in accordance with Article 2(10) of the basic Regulation and in particular with its point (k) for ‘differences in other factors […] if it is demonstrated that they affect price comparability as required under this paragraph’.

               (32)

               Given the conclusion reached above that export prices did not change in a significant and lasting manner, it is not possible to establish a dumping margin. For this reason, the claim for an adjustment is irrelevant and thereby rejected.

         3.   TERMINATION OF THE INVESTIGATION

               (33)

               In view of the findings that circumstances with regard to dumping did not change significantly and lastingly, it is considered that this review should be terminated without amending the level of the duty for the applicant. Therefore the anti-dumping measures imposed by Regulation (EC) No 1286/2008 on imports of PET produced by the applicant should remain unchanged.

         4.   DISCLOSURE

               (34)

               The applicant as well as the other parties concerned were informed of the essential facts and considerations on the basis of which it was intended to propose to terminate this review. Comments received were not such as to change the above conclusion.

         5.   FINAL PROVISION

               (35)

               This review should therefore be terminated without any amendment to Regulation (EC) No 192/2007,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate currently falling within CN code 3907 60 20 and originating, inter alia, in India, is hereby terminated without amending the measures in force.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

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

      (2)  OJ L 301, 30.11.2000, p. 21.

      (3)  OJ L 59, 27.2.2007, p. 1.

      (4)  OJ L 340, 19.12.2008, p. 1.

      (5)  OJ L 301, 30.11.2000, p. 1.

      (6)  OJ L 59, 27.2.2007, p. 34.

      (7)  OJ L 301, 30.11.2000, p. 88.

      (8)  OJ C 151, 10.6.2010, p. 15.

      (9)  Case T-143/06 MTZ Polyfilms v Council of the European Union [2009] ECR II-4133, at paragraph 48.


title: Commission Implementing Regulation (EU) 2016/976 of 17 June 2016 determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2016 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat originating in the United States of America

text:
               18.6.2016

               EN

               Official Journal of the European Union

               L 161/29

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/976
   of 17 June 2016
   determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2016 under the tariff quota opened by Regulation (EC) No 536/2007 for poultrymeat originating in the United States of America
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 536/2007 (2) opened an annual tariff quota for imports of poultrymeat products originating in the United States of America.

               (2)

               The quantities covered by the applications for import licences lodged from 1 to 7 June 2016 for the subperiod from 1 July to 30 September 2016 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 536/2007, to be added to the subperiod from 1 October to 31 December 2016, are set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 June 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 536/2007 of 15 May 2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America (OJ L 128, 16.5.2007, p. 6).

      ANNEX

                  Order No

                  Quantities not applied for, to be added to the quantities available for the subperiod from 1 October to 31 December 2016
                  (kg)

                  09.4169

                  5 336 250