title: Commission Implementing Regulation (EU) No 914/2013 of 23 September 2013 establishing budgetary ceilings for 2013 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009

text:
               24.9.2013

               EN

               Official Journal of the European Union

               L 252/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 914/2013
   of 23 September 2013
   establishing budgetary ceilings for 2013 applicable to certain direct support schemes provided for in Council Regulation (EC) No 73/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular the first subparagraph of Article 51(2), the first subparagraph of Article 69(3), the first subparagraph of Article 123(1), the first subparagraph of Article 131(4) and Article 142(c) thereof,
   Whereas:

               (1)

               For the Member States implementing, in 2013, the single payment scheme provided for under Title III of Regulation (EC) No 73/2009, the budgetary ceilings for each of the payments referred to in Articles 52, 53 and 54 of that Regulation should be established for 2013.

               (2)

               For the Member States making use, in 2013, of the options provided for in Articles 69(1) or 131(1) of Regulation (EC) No 73/2009, the budgetary ceilings for the specific support referred to in Chapter 5 of Title III of Regulation (EC) No 73/2009 should be established for 2013.

               (3)

               Article 69(4) of Regulation (EC) No 73/2009 limits the resources that can be used for any coupled measure provided for in points (i), (ii), (iii) and (iv) of Article 68(1)(a) and in Article 68(1)(b) and (e) to 3,5 % of the national ceiling referred to in Article 40 of the same Regulation. For the sake of clarity, the Commission should publish the ceiling resulting from the amounts notified by the Member States for the measures concerned.

               (4)

               Pursuant to Article 69(6)(a) of Regulation (EC) No 73/2009, the amounts calculated in accordance with Article 69(7) of that Regulation have been laid down in Annex III of Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 (2). For the sake of clarity, the Commission should publish the amounts notified by Member States which they intend to use in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009.

               (5)

               For the sake of clarity, the 2013 budgetary ceilings for the single payment scheme, resulting from deduction of the ceilings established for the payments referred to in Articles 52 53, 54 and 68 of Regulation (EC) No 73/2009 from the ceilings given in Annex VIII to the same Regulation, should be published. The amount to be deducted from the said Annex VIII in order to finance the specific support provided for in Article 68 of Regulation (EC) No 73/2009 corresponds to the difference between the total amount for the specific support notified by the Member States and the amounts notified to finance the specific support in accordance with article 69(6)(a) of the same Regulation. Where a Member State implementing the single payment scheme decides to grant the support referred to in point (c) of Article 68(1), the amount notified to the Commission is to be included in the single payment scheme ceiling, as this support takes the form of an increase in the unit value and/or the number of the farmer’s payment entitlements.

               (6)

               For Member States implementing, in 2013, the single area payment scheme provided for in Chapter 2 of Title V of Regulation (EC) No 73/2009, the annual financial envelopes should be established in accordance with Article 123(1) of that Regulation.

               (7)

               For the sake of clarity, the maximum amount of funds available to Member States applying the single area payment scheme for granting separate sugar payments in 2013 under Article 126 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

               (8)

               For the sake of clarity, the maximum amount of funds available to Member States applying the single area payment scheme for granting separate fruit and vegetables payments in 2013 pursuant to Article 127 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

               (9)

               For the sake of clarity, the maximum amount of funds available to Member States applying the single area payment scheme for granting separate soft fruit payments in 2013 pursuant to Article 129 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The budgetary ceilings for 2013 referred to in Article 51(2) of Regulation (EC) No 73/2009 are set out in Annex I to this Regulation.
   2.   The budgetary ceilings for 2013 referred to in Article 69(3) and 131(4) of Regulation (EC) No 73/2009 are set out in Annex II to this Regulation.
   3.   The budgetary ceilings for 2013 for the support provided for in points (i), (ii), (iii) and (iv) of Article 68(1)(a) and in Article 68(1)(b) and (e) of Regulation (EC) No 73/2009 are set out in Annex III to this Regulation.
   4.   The amounts that can be used by the Member States in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009 to cover the specific support provided in Article 68(1) of the same Regulation are set out in Annex IV to this Regulation.
   5.   The budgetary ceilings for 2013 for the single payment scheme referred to in Title III of Regulation (EC) No 73/2009 are set out in Annex V to this Regulation.
   6.   The annual financial envelopes for 2013 referred to in Article 123(1) of Regulation (EC) No 73/2009 are set out in Annex VI to this Regulation.
   7.   The maximum amounts of funding available to the Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia for granting the separate sugar payment in 2013, as referred to in Article 126 of Regulation (EC) No 73/2009, are set out in Annex VII to this Regulation.
   8.   The maximum amounts of funding available to the Czech Republic, Hungary, Poland and Slovakia for granting the separate fruit and vegetables payment in 2013, as referred to in Article 127 of Regulation (EC) No 73/2009, are set out in Annex VIII to this Regulation.
   9.   The maximum amounts of funding available to Bulgaria, Hungary and Poland for granting the separate soft fruit payment in 2013, as referred to in Article 129 of Regulation (EC) No 73/2009, are set out in Annex IX 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, 23 September 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 30, 31.1.2009, p. 16.

      (2)  OJ L 316, 2.12.2009, p. 1.

      ANNEX I

         Budgetary ceilings for direct payments to be granted in accordance with Articles 52, 53 and 54 of Regulation (EC) No 73/2009

         2013 calendar year

                  (thousand EUR)

                  BE

                  ES

                  FR

                  AT

                  PT

                  FI

                  Sheep and goat premium

                  21 892

                  600

                  Sheep and goat supplementary premium

                  7 184

                  200

                  Suckler cow premium

                  77 565

                  261 153

                  525 622

                  70 578

                  78 695

                  Additional suckler cow premium

                  19 389

                  26 000

                  99

                  9 462

      ANNEX II

         Budgetary ceilings for the specific support provided for in Article 68(1) of Regulation (EC) No 73/2009

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Belgium

                  8 600

                  Bulgaria

                  28 500

                  Czech Republic

                  31 826

                  Denmark

                  40 975

                  Estonia

                  1 253

                  Ireland

                  25 000

                  Spain

                  248 054

                  France

                  478 600

                  Italy

                  321 950

                  Latvia

                  5 130

                  Lithuania

                  13 304

                  Hungary

                  131 898

                  Netherlands

                  38 900

                  Austria

                  13 900

                  Poland

                  106 558

                  Portugal

                  34 111

                  Romania

                  44 257

                  Slovenia

                  14 424

                  Slovakia

                  13 500

                  Finland

                  57 055

                  Sweden

                  3 469

                  United Kingdom

                  29 800

                  Amounts notified by the Member States to grant the support referred to in point (c) of Article 68(1) which are included in the Single payment scheme ceiling.
                  Slovenia: 5 800 thousand EUR

      ANNEX III

         Budgetary ceilings for the support provided for in points (i), (ii), (iii) and (iv) of article 68(1)(a) and article 68(1)(b) and (e) of Regulation (EC) No 73/2009

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Belgium

                  4 461

                  Bulgaria

                  28 500

                  Czech Republic

                  31 826

                  Denmark

                  17 075

                  Estonia

                  1 253

                  Ireland

                  25 000

                  Spain

                  179 954

                  France

                  297 600

                  Italy

                  152 950

                  Latvia

                  5 130

                  Lithuania

                  13 304

                  Hungary

                  46 164

                  Netherlands

                  31 420

                  Austria

                  13 900

                  Poland

                  106 558

                  Portugal

                  21 210

                  Romania

                  44 257

                  Slovenia

                  8 624

                  Slovakia

                  13 500

                  Finland

                  57 055

                  Sweden

                  3 469

                  United Kingdom

                  29 800

      ANNEX IV

         Amounts to be used by the Member States in accordance with Article 69(6)(a) of Regulation (EC) No 73/2009 to cover the specific support provided in Article 68(1) of that Regulation

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Belgium

                  8 600

                  Denmark

                  23 250

                  Ireland

                  23 900

                  Spain

                  144 390

                  France

                  84 000

                  Italy

                  144 900

                  Netherlands

                  31 700

                  Austria

                  11 900

                  Portugal

                  21 700

                  Slovenia

                  5 800

                  Finland

                  6 190

      ANNEX V

         Budgetary ceilings for the single payment scheme

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Belgium

                  517 901

                  Denmark

                  1 031 277

                  Germany

                  5 852 938

                  Ireland

                  1 339 769

                  Greece

                  2 233 227

                  Spain

                  4 913 824

                  France

                  7 607 272

                  Italy

                  4 202 935

                  Luxembourg

                  37 671

                  Malta

                  5 503

                  Netherlands

                  890 551

                  Austria

                  679 111

                  Portugal

                  476 907

                  Slovenia

                  141 450

                  Finland

                  518 883

                  Sweden

                  767 437

                  United Kingdom

                  3 958 242

      ANNEX VI

         Annual financial envelopes for the single area payment scheme

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Bulgaria

                  553 245

                  Czech Republic

                  832 828

                  Estonia

                  99 912

                  Cyprus

                  53 499

                  Latvia

                  138 041

                  Lithuania

                  356 545

                  Hungary

                  1 140 921

                  Poland

                  2 760 813

                  Romania

                  1 213 143

                  Slovakia

                  354 697

      ANNEX VII

         Maximum amounts of funding available to member states for granting the separate sugar payments referred to in article 126 of Regulation (EC) No 73/2009

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Czech Republic

                  44 245

                  Latvia

                  3 308

                  Lithuania

                  10 260

                  Hungary

                  41 010

                  Poland

                  159 392

                  Romania

                  7 072

                  Slovakia

                  19 289

      ANNEX VIII

         Maximum amounts of funding available to Member States for granting the separate fruit and vegetables payments referred to in article 127 of Regulation (EC) No 73/2009

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Czech Republic

                  414

                  Hungary

                  4 756

                  Poland

                  6 715

                  Slovakia

                  690

      ANNEX IX

         Maximum amounts of funding available to member states for granting the separate soft fruit payments referred to in Article 129 of Regulation (EC) No 73/2009

         2013 Calendar year

                  Member State

                  (thousand EUR)

                  Bulgaria

                  226

                  Hungary

                  391

                  Poland

                  11 040


title: Commission Implementing Regulation (EU) No 953/2014 of 5 September 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               6.9.2014

               EN

               Official Journal of the European Union

               L 267/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 953/2014
   of 5 September 2014
   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, 5 September 2014.

            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)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  59,1

                  ZZ

                  59,1

                  0707 00 05

                  TR

                  124,2

                  ZZ

                  124,2

                  0709 93 10

                  TR

                  123,8

                  ZZ

                  123,8

                  0805 50 10

                  AR

                  173,1

                  BR

                  100,4

                  CL

                  209,3

                  IL

                  182,0

                  TR

                  227,6

                  UY

                  152,4

                  ZA

                  161,3

                  ZZ

                  172,3

                  0806 10 10

                  BR

                  163,5

                  TR

                  120,4

                  ZZ

                  142,0

                  0808 10 80

                  BR

                  63,0

                  CL

                  100,4

                  CN

                  120,7

                  NZ

                  122,1

                  US

                  129,1

                  ZA

                  130,0

                  ZZ

                  110,9

                  0808 30 90

                  CN

                  92,5

                  TR

                  123,8

                  XS

                  48,0

                  ZA

                  100,9

                  ZZ

                  91,3

                  0809 30

                  TR

                  135,5

                  ZZ

                  135,5

                  0809 40 05

                  BA

                  34,7

                  MK

                  41,9

                  ZZ

                  38,3

         (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) 2016/12 of 6 January 2016 terminating the partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China

text:
               7.1.2016

               EN

               Official Journal of the European Union

               L 4/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/12
   of 6 January 2016
   terminating the partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China
   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 11(3) 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 19(3) thereof,
   Whereas:
   1.   Measures in force

               (1)

               By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘China’).

               (2)

               The exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘the CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of this price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from China (‘the product concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the product concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures.

               (6)

               By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from China, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’).

               (7)

               By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers. By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for one further exporting producer.

               (8)

               The anti-dumping and countervailing measures referred to in recital 4 above, together with the undertaking and related Decisions referred to in recitals 3, 5 and 6 above, are jointly referred to as the ‘measures in force’.

         2.   Relevant provisions of the undertaking

               (9)

               Under the price undertaking accepted by the Commission, the minimum import price (‘MIP’) of the product covered is adjusted quarterly by reference to international spot prices of modules including Chinese prices as reported by the Bloomberg database (‘the existing benchmark’).

               (10)

               The undertaking states also that ‘spot prices excluding Chinese prices may be used as a benchmark, if made available by the Bloomberg database’.

         3.   Request for a partial interim review

               (11)

               On 29 January 2015 the Commission received a request for a partial interim review from EU ProSun (‘the applicant’), an association of producers of modules and cells in the Union. The request was limited in scope to the benchmark used as reference for the MIP adaptation mechanism set out in the undertaking.

               (12)

               The request was based on the grounds that the existing benchmark is no longer representative of the development of module prices. The applicant provided the following sufficient evidence that the circumstances on which the existing benchmark was accepted had changed and that these changes were of a lasting nature:

                           (a)

                           the number of Chinese respondents reporting price data that was included in the existing benchmark had increased significantly since the acceptance of the undertaking, and in particular since the beginning of 2014;

                           (b)

                           as a result, the weight of Chinese respondents in the existing benchmark had increased and had a significant effect on the evolution of this benchmark;

                           (c)

                           in addition, the prices reported by Chinese respondents had historically been lower than prices reported by other respondents.

               (13)

               According to the applicant, this evidence arguably showed that the existing benchmark was no longer representative of the development of module prices. The applicant therefore requested replacing the existing benchmark for the MIP adaptation mechanism by the ‘International Average’ price sub-series published by Bloomberg, which excludes prices reported by Chinese respondents.

         4.   Initiation of a partial interim review

               (14)

               The Commission determined, after informing the Member States, that sufficient evidence existed to initiate a partial interim review limited to the benchmark used as reference for the MIP adaptation mechanism.

               (15)

               The objective of this review is to investigate whether the existing benchmark is still representative of the development of module prices, and therefore still fulfils its objective as set out in the measures in force.

               (16)

               The Government of China was invited for pre-initiation consultations in accordance with the basic anti-subsidy Regulation and these consultations took place.

               (17)

               On 5 May 2015 the Commission initiated this partial interim review of the measures in force under Article 11(3) of the basic anti-dumping Regulation and Article 19(2) of the basic anti-subsidy Regulation. It published a Notice of Initiation in the Official Journal of the European Union
                   (12).

         5.   Parties concerned by the investigation

               (18)

               The Commission sent a questionnaire to Bloomberg New Energy Finance (‘Bloomberg’) to obtain information necessary for the investigation.

               (19)

               The Commission also invited respondents who reported prices of modules to Bloomberg to come forward; to provide the Commission with their submissions to Bloomberg; and to make their views known in relation to the review.

               (20)

               Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer for trade proceedings.

         6.   Questionnaire replies and verification visits

               (21)

               The Commission received a reply to its questionnaire from Bloomberg. The Commission also received submissions from a number of respondents that had reported prices of modules to Bloomberg and expressions of interest in the review from various parties in the Union and elsewhere.

               (22)

               The Commission sought and verified all the information deemed necessary for the review. Verification visits were carried out at the premises of Bloomberg in Zurich, Switzerland and Hong Kong, Hong Kong SAR, China.

         7.   The investigation

               (23)

               The Commission investigated whether the existing benchmark is still representative of the price development of modules and therefore still fulfils its objectives as set out in the measures in force.

         7.1.   The existing benchmark and its sub-series

               (24)

               The existing benchmark is the ‘Average all’ price series, which consists of reported worldwide module spot prices. Bloomberg also publishes two sub-series to the ‘Average all’ price series for spot prices of modules that are of relevance to this investigation, namely:

                           (a)

                           the ‘Chinese Average’ sub-series which contains prices reported by Chinese respondents; and

                           (b)

                           the ‘International Average’ sub-series which contains all other prices reported.

               (25)

               Data for these price series and sub-series are typically collected and published on a weekly basis. All series are published in USD. All quotes are regularly checked by Bloomberg's solar sector specialists who can contact any respondent for a quote clarification if they frequently submit data outside the defined ranges or appear to be trying to bias the final results.

               (26)

               Bloomberg calculates the average price per week provided they have received at least three quotes. If a respondent submits multiple quotes, Bloomberg averages them and counts them as one quote.

               (27)

               To avoid unusually high or low quotes, Bloomberg automatically flags all quotes more than 20 % above or below the average of the period selected to the analysts, who will request clarification from the participant. The analysts will decide whether to include the quote or not. The average is then calculated from the remaining quotes.

               (28)

               All respondents must be active in the manufacturing or procurement of modules and Bloomberg must manually approve their participation before they may start contributing their quotes.

         7.2.   Increase in the number and proportion of Chinese respondents

               (29)

               The applicant submitted that the number of Chinese respondents in the existing benchmark had increased significantly since the acceptance of the undertaking, and in particular since the beginning of 2014.

               (30)

               The applicant further stated that ‘Chinese participation in relation to the overall participation in the reporting of prices to Bloomberg has approximately tripled since 2013, and that increased participation has strongly influenced the evolution of the [existing benchmark] in 2014’.

               (31)

               While the applicant provided complete information for the years 2013 and 2014 in the request, its arguments were based solely on a comparison of two isolated three-month periods, namely between May to July 2013 and October to December 2014.

               (32)

               The Commission took the entire weekly participation data for 2013 and 2014 submitted by the applicant and analysed the data by aggregating the number of participants over calendar quarters. By doing so the Commission found that:

                           (a)

                           indeed the average number of Chinese respondents per quarter in the existing benchmark had increased by around 20 respondents (56 %) between 2013 and 2014;

                           (b)

                           this was coupled by a parallel drop in the average number of non-Chinese respondents per quarter by more than 100 respondents (– 46 %) between 2013 and 2014.

               (33)

               Therefore the increase in the proportion of Chinese respondents in the existing benchmark was due both to a decreasing number of non-Chinese respondents and to an increasing number of Chinese respondents.

               (34)

               Furthermore the proportion of the Chinese respondents increased from a rather low level to a level better reflecting the share of China in the worldwide solar market. As reported by Bloomberg in 2014 the Chinese production photovoltaic cells and modules is estimated to be 78 % of world output.

               (35)

               Graph 1 below shows the aggregated participation of respondents in the existing benchmark and its two sub-series on a quarterly basis.

                  Source: Request for review

         7.3.   Development of Chinese and non-Chinese prices

               (36)

               The applicant stated that the ‘Chinese Average’ price sub-series had historically been lower than the ‘International Average’ price sub-series. The Commission notes that the ‘Chinese Average’ price sub-series is indeed historically below the ‘International Average’ price sub-series.

               (37)

               The applicant further argued that the ‘International Average’ price sub-series ‘[…] [has] essentially remained stable since the acceptance of the [undertaking]’.

               (38)

               The investigation has shown that contrary to the applicant's claim the ‘International Average’ price sub-series has not remained stable since the acceptance of the undertaking. In fact, in 2013 and 2014 both the ‘International Average’ price sub-series and the ‘Chinese Average’ price sub-series followed a similar trend (typically within +/– 0,01 USD). Graph 2 below shows the two sub-series compared to the ‘Average all’ price series from the start of 2013 to the end of 2014.

                  Source: Bloomberg, investigation

         7.4.   No substantial downward effect on the existing benchmark

               (39)

               The applicant's arguments set out in sections 7.2 and 7.3 above led them to conclude that both the increase in number of Chinese respondents and the increase of their proportion in the ‘Average all’ price series has had a ‘substantial downward impact’ on the existing benchmark. Therefore, by relying on the existing benchmark, the MIP adjustments so far have essentially reflected the increased number of Chinese respondents reporting lower prices to Bloomberg.

               (40)

               The Commission verified all relevant and duly documented evidence collected during the investigation. The findings of the investigation are as set out in sections 7.2 and 7.3 above, namely:

                           (a)

                           firstly that there has been an increase in the number of Chinese respondents sending data to be published in the ‘Chinese Average’ price sub-series;

                           (b)

                           secondly, as shown in Graph 1 above, this increase of Chinese respondents was coupled with a more significant decrease in the number of non-Chinese respondents;

                           (c)

                           thirdly, the increase in the proportion of Chinese respondents is both due to the increase in number of Chinese respondents and the drop in number of non-Chinese respondents;

                           (d)

                           fourthly, the proportion of the Chinese respondents has increased from a rather low level to a level better reflecting the share of China in the worldwide solar market; and

                           (e)

                           finally, as Graph 2 shows both the ‘Chinese Average’ price sub-series and the ‘International Average’ price sub-series of the existing benchmark follow a similar trend for 2013 and 2014.

         7.5.   Conclusions

               (41)

               The Commission concludes that:

                           (a)

                           the existing benchmark remains representative of the development of worldwide module prices because it includes prices submitted by Chinese respondents;

                           (b)

                           and because both sub-series have developed following a similar trend, meaning that the ‘Chinese Average’ sub-series is indeed lower than the ‘International Average’, but the ‘Chinese Average’ has not fallen faster than the ‘International Average’; and therefore

                           (c)

                           the proportion of Chinese respondents in the existing benchmark has increased to a level better reflecting the share of Chinese producers in the world solar market;

                           (d)

                           the existing benchmark therefore still fulfils its objective as set out in the measures in force.

               (42)

               The Commission therefore concluded to terminate this review.

         7.6.   Written submissions

               (43)

               The findings of the investigation have been disclosed to the interested parties. They were granted the opportunity to be heard and to comment pursuant to Article 20 of the basic anti-dumping Regulation and Article 30 of the basic anti-subsidy Regulation. The applicant and the government of China submitted comments.

      Comments of the applicant

               (44)

               Firstly, the applicant submitted that ‘while the level of Chinese participation in the Bloomberg index increased substantially […] the Chinese global market share changed little if at all, meaning that the evolution for that period in the “Average all” Bloomberg price index did not reflect global market share evolution realities’.

               (45)

               The Commission recognises that indeed the Chinese global market share has not changed substantially in the period of 2013 to 2014. This however only supports the conclusion that the representativity of the existing benchmark has improved for the reasons already stated in recital 34. Also, the very purpose of this price series is to reflect the evolution of prices not the evolution of market shares.

               (46)

               Secondly, the applicant submitted that ‘there was a substantial drop in the “Chinese Average” price sub-series, which was already well below the price level of the “International Average” price sub-series, and that price drop was more than 5 % greater than the price drop over the same period of the “International Average” price sub-series.’

               (47)

               The Commission observes that when looking at the whole period 2013 to 2014 (which was the data period submitted by the applicant) this statement is factually incorrect. In fact, none of the three price series concerned show a clear downward trend in 2013 and 2014 as shown in Graph 2 in recital 38 and Table 1 below.

               (48)

               Contrary to the applicant's statement, the starting point and the end point for each of the three price series are very close to each other (divergence of maximum 0,01 USD up and 0,02 USD down), and have all shown a fluctuation up and down in between. That fluctuation follows a similar pattern, with the high point reached in the Q3 and Q4 of 2013. Also the differences between the highest and the lowest data point is comparable (0,09 USD for ‘Average all’, 0,06 USD for ‘International Average’, and 0,08 USD for ‘Chinese Average’).

                  Table 1

                  Average price series data in USD per watt 2013-2014

                           Quarter

                           ‘Average all’

                           ‘International Average’

                           ‘Chinese Average’

                           2013 Q1

                           0,81

                           0,83

                           0,71

                           2013 Q2

                           0,85

                           0,86

                           0,74

                           2013 Q3

                           0,86

                           0,87

                           0,77

                           2013 Q4

                           0,88

                           0,89

                           0,77

                           2014 Q1

                           0,84

                           0,88

                           0,73

                           2014 Q2

                           0,83

                           0,87

                           0,76

                           2014 Q3

                           0,83

                           0,87

                           0,72

                           2014 Q4

                           0,79

                           0,84

                           0,69

                              Source: Bloomberg, investigation

               (49)

               On the basis of those figures, there is no indication whatsoever that any kind of manipulation of the index would have been successful. It is true that as a result of the higher participation of Chinese companies, the ‘Average all’ price series shows a slightly steeper drop than the ‘International Average’ price sub-series. However, that finding cannot call into question the appropriateness of the use of the ‘Average all’ price series. It is only the logical consequence of the fact that the input into that price series is now more representative of the market share of China in the world market then it was initially. In other words: the ‘Average all’ price series now serves its purpose even better than it did when it was introduced.

               (50)

               It is also incorrect that the price drop of ‘Chinese Average’ was more than 5 % than the ‘International Average’. Indeed, the ‘Chinese Average’ decreased by 2,8 % while the ‘International Average’ increased by 1,2 %. This gives combined difference of 4 %.

               (51)

               The Commission furthermore observes again the applicant's argument is based solely on a comparison of two isolated quarters, namely Q3 2013 and Q4 2014. The Commission's analysis takes into account the evolution of the price series over 2013 and 2014, i.e. the full period for which the applicant submitted information in their request.

               (52)

               The applicant alleged that ‘[…] the increasing number of Chinese respondents was bound to pull down the existing benchmark beyond where it would be if the number of Chinese respondents had not increased.’

               (53)

               The Commission rejects this argument as the applicant again failed to provide any evidence to substantiate their allegation.

               (54)

               The applicant alleged that the Commission did not analyse ‘[…] the effect of the increase in the participation of the Chinese respondents on the [existing] benchmark […]’, ‘[…] either the price effect of the overall change in proportion or the price effect from the two components individually […].’, and ‘[…] whether there were any factors other than the increased reporting of Chinese prices which would account for that result’.

               (55)

               The Commission rejects this allegation as it did carry out such analysis and its conclusion is set sections 7.2 and 7.3 above.

               (56)

               The applicant further submitted that the Commission did not analyse ‘[…] whether the use of the “International Average” price sub-series as the benchmark would have yielded a substantially different result than the use of the existing benchmark over the period in question’. The applicant further requests such analysis.

               (57)

               The Commission rejects both this argument and the follow-up request as this would fall outside the scope of this interim review set out in the Notice of Initiation and repeated in recital 15. The objective of this review is not to examine whether using other benchmarks would have yielded a substantially different result than the use of the existing benchmark over the period in question.

               (58)

               The Commission emphasizes that an appropriate benchmark should be objective, transparent and based on the widest possible coverage. Excluding Chinese producers who represent 78 % of the world solar market cannot be justified in this case.

               (59)

               The applicant submitted that the fourth finding in recital 40 above ‘tacitly admits the non-representativeness of the [existing] benchmark index at the start of the UT [Undertaking], which in itself would be reason enough to move to a different benchmark as the quarter preceding the UT's entry into effect continues to be the base reference period.’ The applicant further submitted that ‘the mere inclusion of prices from Chinese respondents does not of itself assure the representativeness of the existing benchmark in terms of global module prices’.

               (60)

               The Commission rejects this argument as the increase in proportion of Chinese respondents in the existing benchmark only improved its representativeness, as it better reflects the share of Chinese producers in the world solar market.

               (61)

               Finally, the applicant requested the Commission to continue the investigation for further facts finding. However, the applicant has not provided any new facts beyond those in the request for the review set out in recital 12 above. Thus, the Commission has no basis to continue the investigation.

      Comments of the government of China

               (62)

               The government of China submitted comments only in further support of the Commission's conclusion to terminate this review.

         7.7.   Conclusion on written submissions and on the review

               (63)

               Despite of the above submissions of the interested parties the Commission's findings in this investigation are upheld. The Commission therefore terminates this review.

               (64)

               This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009 and by Article 25(1) of Regulation (EC) No 597/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China is hereby terminated.
   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, 6 January 2016.

            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 L 152, 5.6.2013, p. 5.

      (4)  OJ L 209, 3.8.2013, p. 26.

      (5)  OJ L 209, 3.8.2013, p. 1.

      (6)  OJ L 325, 5.12.2013, p. 1.

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

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

      (9)  OJ L 270, 11.9.2014, p. 6.

      (10)  OJ L 139, 5.6.2015, p. 30.

      (11)  OJ L 218, 19.8.2015, p. 1.

      (12)  OJ C 147, 5.5.2015, p. 4.


title: Commission Implementing Regulation (EU) 2015/36 of 12 January 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.1.2015

               EN

               Official Journal of the European Union

               L 7/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/36
   of 12 January 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, 12 January 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

                  63,0

                  EG

                  164,2

                  IL

                  103,8

                  MA

                  103,8

                  TN

                  130,5

                  TR

                  132,7

                  ZZ

                  116,3

                  0707 00 05

                  EG

                  241,9

                  MA

                  73,2

                  TR

                  168,0

                  ZZ

                  161,0

                  0808 91 00

                  EG

                  113,1

                  ZZ

                  113,1

                  0709 93 10

                  EG

                  191,6

                  MA

                  144,6

                  SN

                  80,8

                  TR

                  158,9

                  ZZ

                  144,0

                  0805 10 20

                  EG

                  40,0

                  MA

                  56,4

                  TR

                  65,0

                  ZA

                  36,7

                  ZZ

                  49,5

                  0805 20 10

                  MA

                  71,9

                  ZZ

                  71,9

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

                  IL

                  93,3

                  JM

                  118,8

                  KR

                  152,3

                  MA

                  82,2

                  TR

                  70,7

                  ZZ

                  103,5

                  0805 50 10

                  TR

                  67,8

                  ZZ

                  67,8

                  0808 10 80

                  AR

                  164,5

                  BR

                  65,5

                  CL

                  89,4

                  US

                  133,7

                  ZA

                  147,0

                  ZZ

                  120,0

                  0808 30 90

                  US

                  140,6

                  ZZ

                  140,6

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


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2016/1239 as regards certain rules on time limits and notifications of the quantities covered by licences in the rice sector (Text with EEA relevance)

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 17.8.2017

               amending Implementing Regulation (EU) 2016/1239 as regards certain rules on time limits and notifications of the quantities covered by licences in the rice sector

               (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 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 223(3)(b) and (c) thereof,

               Whereas:

               (1)Commission Implementing Regulation (EU) 2016/1239
                  2
                lays down rules for the application of Regulation (EU) No 1308/2013 with regard to the system of import and export licences, including those for rice. It also sets out detailed rules for notifications by Member States to the Commission.

               (2)It is necessary to clarify certain rules on time limits, including those for notifications of quantities of products covered by tariff quotas.

               (3)It is appropriate to include the obligation for Member States to notify the Commission of the quantities of rice covered by licences, as it existed in previous Regulations.

               (4)Implementing Regulation (EU) 2016/1239 should therefore be amended accordingly.

               (5)For reasons of clarity and legal certainty, this Regulation should enter into force on the same day as the Delegated Regulation that amends Commission Delegated Regulation (EU) 2016/1237
                  3
                in relation to notifications in the rice sector.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) 2016/1239 is amended as follows:

               (1) Article 3 is amended as follows:

               (a) paragraph 3 is replaced by the following:

               "3. Where in this Regulation a period for procedures is set, and the opening or closing date is a Saturday, Sunday, or public holiday as defined in Regulation (EEC, Euratom) No 1182/71:

               (a)the applicable opening date shall be the following working day and shall start at 0.00 hours, taking account of official office opening hours;

               (b)by way of derogation from Article 3(2)(b) and (4) of that Regulation, the applicable closing date shall be the following working day and shall end at 13.00 hours Brussels time."

               (b) the following paragraph 4 is added:

               "4. By way of derogation from paragraph 3, where for the purposes of this Regulation a time limit applies for the notification of quantities of products covered by applications for licences under a tariff quota or for the notification of unused quantities under a tariff quota, that time limit shall end with the expiry of the last hour of the last day, irrespective of whether that day is a Saturday, Sunday or public holiday."

               (2) The following Article 19a is inserted:

               "Article 19a

               Notifications relating to rice

               Member States shall notify the Commission on a daily basis of the following:

               (a)as regards import licences other than those intended for the management of import tariff quotas, the total quantities covered by the licences issued, by origin and by product code;

               (b)as regards export licences, the total quantities covered by the licences issued and by product code."

               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, 17.8.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

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

                     (2)
                  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

                     (3)
                  Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross-compliance

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 10.7.2017

               amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross-compliance

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
                  1
               , and in particular Article 62(2)(a) and (b) and Article 78(b) and (c) thereof,

               Whereas:

               (1)Article 21 of Commission Implementing Regulation (EU) No 809/2014
                  2
                lays down the requirements pertaining to livestock aid applications and to payment claims under animal-related support measures. In the case of short production-cycle species with a high turnover of animals, the number of animals in respect of which a livestock payment claim under the measure provided for in Article 33 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council
                  3
                is submitted, may change significantly throughout the claim year. This may lead to a substantial difference between the number of animals declared in the livestock payment claim and the number of animals that will eventually benefit from increased welfare conditions. As a consequence, the number of animals declared in the livestock payment claim turns out to be only indicative. In respect of those short production-cycle species, Member States should therefore be allowed to establish a system which allows a beneficiary to apply for support in respect of all animals which qualify for support at a date or during a period determined by the Member State. In the absence of a computerised database, it should be possible to establish the actual number of animals on the basis of slaughter certificates or other supporting documents submitted to the competent authority after the date of submission of the livestock payment claim.

               (2)The application of selection criteria is not obligatory for all measures or types of operations. Therefore, the administrative checks carried out on the applications for support should only include the verification of that element where necessary.

               (3)The verification of the reasonableness of the costs is made at the stage of the administrative checks relating to the application for support and on the basis of a defined evaluation system. Specific rules should however apply where the risk of unreasonable costs is low or where the content of the costs may not be defined before the implementation of the operation.

               (4)In accordance with Article 67(1) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council
                  4
               , the amount of the support may be established on the basis of standard scales of unit costs, lump sums or flat rates. In such cases, the administrative checks should not include the verification of the amount of the costs incurred and the payments made by the beneficiary.

               (5)The rules on checks which apply to financial instruments should be adapted in order to ensure consistency with the management and control rules laid down in Regulation (EU) No 1303/2013 and in Commission Delegated Regulation (EU) No 480/2014
                  5
                and to take into account the specificities of support granted in the form of a financial instrument.

               (6)The expenditure subject to on-the-spot checks should not be the expenditure to bepaid, but the expenditure claimed to the paying agency. Since the expenditure to be paid can only be determined after all checks have been completed, taking that expenditure as subject of checks would render the achievement of the control rate unpredictable. In addition, the expenditure subject to on-the-spot checks should not include expenditure made by the paying agency only for advance payments, since that expenditure does not correspond to expenditure incurred by the beneficiary. Furthermore, expenditure related to financial instruments should be counted towards the achievement of the minimum control rate only to the extent that it is actually checked by the competent authority. In order to ensure the fulfilment of the minimum control rate each calendar year, the checks should be performed by the date foreseen for the submission of the control data and control statistics laid down in Article 9 of Implementing Regulation (EU) No 809/2014.

               (7)In order not to duplicate checks unnecessarily, on-the-spot checks should only cover elements that have not yet been the subject of administrative checks.

               (8)In accordance with Articles 48 and 51 of Implementing Regulation (EU) No 809/2014, checks have to verify compliance with, inter alia, eligibility criteria, commitments and other obligations. Furthermore, according to Article 50(4)(a) of that Implementing Regulation, the sample of operations to be checked on-the-spot has to take into account the need to check an appropriate mix of types and sizes of operations. The measure-specific provisions on the subject matter or the intensity of the checks laid down in Articles 54 to 59 of Implementing Regulation (EU) No 809/2014 are therefore unnecessary.

               (9)As regards administrative penalties, in order to ensure equal treatment of the operations selected and the operations not selected for on-the-spot checks, the expenditure checked should, in both cases, be the expenditure claimed.

               (10)Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

               (11)The amendments made by this Regulation should apply to applications for support or payment claims relating to claim years or premium periods starting from 1 January 2018. However, taking into account the difficulties encountered in the claim year 2015 by the Member States having to adapt their systems to the deadline of submitting the livestock payment claim laid down in Article 13 of Implementing Regulation (EU) No 809/2014, as well as to the system on reductions, exclusions and penalties provided for in Commission Delegated Regulation (EU) No 640/2014
                  6
               , the provision allowing the actual number of animals of short production-cycle species to be established on the basis of slaughter certificates or other supporting documents submitted to the competent authority after the submission of the livestock payment claim should apply to livestock payment claims relating to claim years starting as from 1 January 2016.

               (12)The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 809/2014 is amended as follows:

               (1)In Article 21, the following paragraph 4a is inserted:

               '4a. For short production-cycle species supported under Article 33 of Regulation (EU) No 1305/2013 Member States may, in the absence of a computerised database, introduce procedures by which data contained in the slaughter certificates or in other supporting documents are to be used for the purposes of the livestock payment claim. Those data shall offer the level of assurance and implementation necessary for the proper management of the support measure involved at the level of individual animals.

               The procedures referred to in the first subparagraph may consist of a system according to which a beneficiary applies for support in respect of all animals which, at a date or during a period determined by the Member State, qualify for support on the basis of the data contained in the slaughter certificates or in other supporting documents.

               In that case, Member States shall take the necessary measures to guarantee that in accordance with the provisions applicable to the support measure in question, the date or the period referred to in the second subparagraph are clearly identified and known to the beneficiary.'

               (2)Article 48 is amended as follows:

               (a)Paragraph 2 is amended as follows:

               (i)point (c) is replaced by the following:

               '(c) compliance with the selection criteria, where those criteria apply;'

               (ii) point (e) is replaced by the following:

               '(e) for costs referred to in Article 67(1)(a) of Regulation (EU) No 1303/2013, excluding contributions in kind and depreciation, a verification of the reasonableness of the costs submitted. The costs shall be evaluated using a suitable evaluation system, such as reference costs, a comparison of different offers or an evaluation committee. For operations with a support rate up to 30% or for operations supported under Article 35 of Regulation (EU) No 1305/2013, the verification of the reasonableness of the costs may be carried out at the stage of the administrative checks on payment claims. For operations with eligible costs up to EUR 5 000, the reasonableness of the costs may be established by a draft budget agreed ex ante by the managing authority.'

               (b)In paragraph 3, points (a) and (b) are replaced by the following:

               '(a) the completed operation compared with the operation for which the application for support was granted;

               (b) the costs incurred and the payments made, except where a form or
                     method as referred to in Article 67(1)(b), (c) or (d) of Regulation (EU) No 1303/2013 is applied.'

               (c)The following paragraph 6 is added:

               '6. As regards the financial instruments referred to in Article 38(1)(b) of Regulation (EU) No 1303/2013, paragraphs 1 to 5 of this Article shall neither apply to the contribution to the financial instrument nor to the support to the final recipient. However, Articles 58 and 59 of Regulation (EU) No 1306/2013 and Article 9 of Commission Delegated Regulation (EU) No 480/2014* shall apply.

               ----------

               * Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).'

               (3)Article 50 is amended as follows:

               (a)Paragraph 1 is amended as follows:

               (i)the first subparagraph is replaced by the following:

               'The expenditure covered by on-the-spot checks shall represent at least 5% of
                     the expenditure referred to in Article 46 and co-financed by the European
                     Agricultural Fund for Rural Development (EAFRD) which is claimed to the
                     paying agency each calendar year and which does not concern operations for
                     which only advance payments have been claimed.'

               (ii) the following third subparagraph is added:

               'As regards financial instruments, only the payments to the final recipients
                     subject to on-the-spot checks shall be counted towards the expenditure covered by on-the-spot checks as referred to in the first subparagraph.'

               (b)In paragraph 2, the first subparagraph is replaced by the following:

               'Only checks carried out until the date foreseen for submission of the control
                     data and control statistics according to Article 9 shall be counted towards the achievement of the minimum level referred to in paragraph 1.'

               (4)Article 51 is amended as follows:

               (a)Paragraph 1 is replaced by the following:

               '1. On-the-spot checks shall verify that the operation has been implemented in accordance with the applicable rules and shall cover all the eligibility criteria, commitments and other obligations relating to the conditions for the granting of support, which can be checked at the time of the visit and have not been the subject of administrative checks. They shall ensure that the operation is eligible for an EAFRD support.'

               (b)The following paragraph 5 is added:

               '5. As regards the financial instruments referred to in Article 38(1)(b) of
                     Regulation (EU) No 1303/2013, paragraphs 1 to 4 of this Article shall neither apply to the contribution to the financial instrument nor to the support to the final recipient. However, Articles 58 and 59 of Regulation (EU) No 1306/2013 and Article 9 of Delegated Regulation (EU) No 480/2014 shall apply.'

               (5)Articles 54 to 59 are deleted.

               (6)In Article 60, the following paragraph 4 is added:

               '4. By way of derogation from Article 48(2)(e), in respect of operations implemented by a local action group and covering a group of projects under a common theme, the verification of the reasonableness of costs may be carried out at the stage of the administrative checks on payment claims concerning that group of projects.'

               (7)Article 61 is amended as follows:

               (a)In paragraph 1, the second sentence is deleted;

               (b)Paragraph 2 is replaced by the following:

               '2. The competent authority shall ensure, via administrative checks and, if
                     necessary, via in-situ visits to the intermediate financial institutions and to the beneficiary, that the payments to the intermediate financial institutions are in conformity with Union law and with the agreement concluded between the competent authority and the intermediate financial institution.'

               (8)In Article 63, paragraph 2 is replaced by the following:

               '2. The administrative penalty referred to in paragraph 1 shall be applied mutatis mutandis to non-eligible expenditure identified during on-the-spot checks referred to in Article 49.'

               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.

               It shall apply to applications for support or payment claims relating to claim years or premium periods starting as from 1 January 2018.

               However, point 1 of Article 1 shall apply to livestock payment claims relating to claim years starting as from 1 January 2016.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 10.7.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 347, 20.12.2013, p. 549.

                     (2)
                  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

                     (3)
                  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

                     (4)
                  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

                     (5)
                  Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).

                     (6)
                  Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, p. 48).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 809/2014 as regards the control measures relating to the cultivation of hemp

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 30.6.2017

               amending Implementing Regulation (EU) No 809/2014  as regards the control measures relating to the cultivation of hemp

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
                  1
               , and in particular Article 58(4) and Article 62(2)(e) thereof,

               Whereas:

               (1)The rules for the verification of the Δ9 tetrahydrocannabinol content (hereinafter referred to as ‘THC content’) of hemp varieties have been established in Article 45 of Commission Implementing Regulation (EU) No 809/2014
                  2
                and the Annex to that Regulation. It appears that it is appropriate that those rules are incorporated into Commission Delegated Regulation (EU) No 639/2014
                  3
                as amended by Delegated Regulation (EU) 2017/…
                  4
               . Therefore, Article 45 of Implementing Regulation (EU) No 809/2014 and the Annex to that Regulation should be deleted with effect from the date of entry into force of Delegated Regulation (EU) 2017/….

               (2)The rules for the determination of hemp varieties and the verification of the THC content are based on the assumption that hemp is cultivated as main crop in spring, but they are not fully suitable for hemp cultivated as catch crop. In particular, the date of 30 June as the latest date for the submission of the official seed labels established in Article 17(7) of Implementing Regulation (EU) No 809/2014 is too early for hemp cultivated as catch crop. As that cultivation method has proved to be appropriate for industrial hemp and compatible with environmental requirements, Member States should have the possibility to fix a later date for hemp cultivated as catch crop but no later than 1 September.

               (3)Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

               (4)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 809/2014 is amended as follows:

               (1)In Article 17(7), the second subparagraph is replaced by the following:

               "By way of derogation from point (c) of the first subparagraph, where sowing takes place after the final date for submitting the single application, the labels shall be submitted by 30 June at the latest. However, for hemp cultivated as catch crop, the labels shall be submitted by a date to be fixed by the Member States but not later than 1 September. Where the labels also have to be submitted to other national authorities, the Member States may provide for those labels to be returned to the beneficiary once they have been submitted in accordance with that point. The labels returned shall be marked as used for an application."

               (2)Article 45 is deleted.

               (3)The Annex is deleted.

               Article 2

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

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 30.6.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 347, 20.12.2013, p. 549.

                     (2)
                  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

                     (3)
                  Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (OJ L 181, 20.6.2014, p. 1).

                     (4)
                  Commission Delegated Regulation (EU) 2017/xxx of [date] amending Delegated Regulation (EU) No 639/2014 as regards the control measures relating to the cultivation of hemp, certain provisions on the greening payment, the payment for young farmers in control of a legal person, the calculation of the per unit amount in the framework of voluntary coupled support, the fractions of payment entitlements and certain notification requirements relating to the single area payment scheme and the voluntary coupled support, and amending Annex X to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (OJ L xxx, [date], p. xx).


               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 25.7.2017

               amending Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006
                  1
               , and in particular Article 19(7) thereof,

               Whereas:

               (1)Commission Implementing Regulation (EU) No 1191/2014
                  2
                specifies the way information is reported pursuant to Article 19 of Regulation (EU) No 517/2014, in relation to the use of certain fluorinated greenhouse gases as feedstock or where products or equipment which contain those gases are placed on the market by producers, importers and exporters of those gases and by undertakings that destroy those gases.

               (2)To enable the effective monitoring of compliance with the reporting obligations in Article 19 of Regulation (EU) No 517/2014, undertakings should be required, to register their use of the electronic reporting tool referred to in Article 1 of Implementing Regulation (EU) No 1191/2014 prior to carrying out relevant activities. This would enable Member State competent authorities to verify at the time of import, export or other relevant activity whether an undertaking would be subject to compliance verification based on its report under Article 19 of Regulation (EU) No 517/2014.

               (3)The Annex to Regulation (EU) No 1191/2014 should be amended as regards the structure of the information required on certain characteristics of hydrofluorocarbons (HFC) in order to align it with the reporting format used by the parties to the Montreal Protocol on substances that deplete the ozone layer to the Vienna Convention for the Protection of the Ozone Layer
                  3
                (Montreal Protocol). This would enable the Union to comply with its reporting obligations under Montreal Protocol. For the same reason, information on the destination of exports and the origin of imports should be also required to be reported as of 2020, which would provide sufficient time to adapt the electronic reporting tool.

               (4)Additional differentiations and comments should added in section 2 to reflect the reporting practice developed during the first two reporting cycles and the description in section 12 should be clarified to avoid misinterpretations by reporting undertakings that occurred.

               (5)Commission Implementing Regulation (EU) 2016/879
                  4
                established the electronic registry in relation to quotas for placing hydrofluorocarbons on the market in which all relevant data relating to authorisations referred to in Article 18(2) of Regulation (EU) No 517/2014 are recorded.  The corresponding reporting format set out in Section 13 of the Annex to Regulation (EU) No 1191/2014 is therefore obsolete and should be deleted.

               (6)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 24(1) of Regulation (EU) No 517/2014,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Regulation (EU) No 1191/2014 is amended as follows:

               (1)
                     Article 1 is replaced by the following:

               "Article 1

               1.
                     The reports required in accordance with Article 19 of Regulation (EU) No 517/2014 shall be submitted electronically using the reporting tool based on the format set out in the Annex to this Regulation which is made available on the website of the Commission for that purpose.

               2.
                     Prior to carrying out the activities to be reported under Article 19 of Regulation (EU) No 517/2014, any undertaking shall register on the website of the Commission for using the electronic reporting tool."

               (2)
                     the Annex is amended in accordance with the Annex to this Regulation.

               Article 2

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

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 25.7.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 150, 20.5.2014, p. 195.

                     (2)

                        Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ L 318, 5.11.2014, p. 5).

                     (3)

                        Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, p. 8).

                     (4)

                        Commission Implementing Regulation (EU) 2016/879 of 2 June 2016 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, detailed arrangements relating to the declaration of conformity when placing refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons on the market and its verification by an independent auditor (OJ L 146, 3.6.2016, p. 1).

    ---documentbreak---

               ANNEX

               to the

               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               amending Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

               ANNEX

               The Annex to Regulation (EU) No 1191/2014 is amended as follows:

               (1) In Section 1, the table is replaced by the following:

                        INFORMATION TO BE REPORTED

                        COMMENTS

                        1A

                        Total quantity of production from facilities in the Union

                        1B

                        Reports from producers which carry out destruction on the total quantities destroyed shall be made in reporting Section 8

                        1C

                        The undertaking carrying out the destruction shall be identified

                        1C_a

                        Amount of hydrofluorocarbons produced for feedstock uses within the Union

                        1C_b

                        Amount of hydrofluorocarbons produced for uses within the Union exempted under the Montreal Protocol

                        The type of exempted use shall be specified

                        AUTOMATICALLY CALCULATED QUANTITIES

                        1D

                        Total quantity of own production destroyed which has not been placed on the market previously

                        1D = 1B + 1C

                        1E

                        Production available for sale

                        1E = 1A – 1D

               (2) Section 2 is amended as follows:

               (a) in the second paragraph, the following sentence is added:

               "For the first time for the reporting on activities in 2019, quantities of hydrofluorocarbons shall be reported separately for each country of origin, except where indicated otherwise in the table below.";

               (b) the table is replaced by the following:

                        INFORMATION TO BE REPORTED

                        COMMENTS

                        2A

                        Amount imported into the Union

                        2B

                        Amount imported into the Union by the reporting undertaking, not released for free circulation, and re-exported contained in products or equipment by the reporting undertaking

                        Reporting of hydrofluorocarbons by country of origin is not necessary.

                        Bulk gases imported for inward processing, charged into products or equipment and subsequently re-exported.

                        Where the re-export in products or equipment (Section 2B) does not take place in the same calendar year as the import, the quantities reported in Section 2B may include re-exports in products or equipment of 1 January stocks not placed on the Union market as reported in Section 4C

                        Bulk gas exports shall only be reported in Section 3

                        2C

                        Amount of used, recycled or reclaimed hydrofluorocarbons

                        2D

                        Amount of virgin hydrofluorocarbons imported for feedstock use

                        2E

                        Amount of virgin hydrofluorocarbons imported for uses exempted under the Montreal Protocol

                        The type of exempted use shall be specified"

               (3) Section 3 is amended as follows:

               (a)
                     in the second paragraph, the following sentence is added:

               "For the first time for the reporting on activities in 2019, quantities of hydrofluorocarbons shall be reported separately for each country of destination, except where indicated otherwise in the table below.";

               (b)
                     the table is replaced by the following:

                        INFORMATION TO BE REPORTED

                        COMMENTS

                        3A

                        Total amount exported from the Union

                        3B

                        Exported amounts from own production or import

                        Reporting by country of destination is not necessary

                        AUTOMATICALLY CALCULATED QUANTITIES

                        3C

                        Exported amount purchased from other undertakings within the Union

                        3C = 3A – 3B

                        INFORMATION TO BE REPORTED

                        3D

                        Amount exported for recycling

                        Reporting by country of destination is not necessary

                        3E

                        Amount exported for reclamation

                        Reporting by country of destination is not necessary

                        3F

                        Amount exported for destruction

                        Reporting by country of destination is not necessary

                        3G

                        Amount of used, recycled or reclaimed hydrofluorocarbons exported

                        3H

                        Amount of virgin hydrofluorocarbons exported for feedstock use

                        3I

                        Amount of virgin hydrofluorocarbons exported for uses exempted under the Montreal Protocol

                        The type of exempted use shall be specified"

               (4)
                     In Section, 4 the line referring to 4M of the table is replaced by the following:

                        4M

                        Total amount physically placed on the market

                        4M = 1E + 2A – 2B – 3B + 4C – 4H

                (5)
                      In Section 12, the table is replaced by the following:

                        INFORMATION TO BE REPORTED

                        COMMENTS

                        12A

                        Amount of hydrofluorocarbons charged into the imported equipment, released by customs for free circulation in the Union, for which the hydrofluorocarbons had previously been exported from the Union and which had been subject to the hydrofluorocarbon quota limitation for placing on the Union market

                        The hydrofluorocarbon exporting undertaking/s and the year/s of export shall be specified.

                        The undertaking/s having placed the hydrofluorocarbons on the Union market for the first time and the year/s of that placing on the market shall be specified.

               (6)
                     Section 13 is deleted.