title: Commission Implementing Regulation (EU) No 597/2013 of 19 June 2013 approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Rogal świętomarciński (PGI)]

text:
               25.6.2013

               EN

               Official Journal of the European Union

               L 172/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 597/2013
   of 19 June 2013
   approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Rogal świętomarciński (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the second sentence of Article 53(2) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined the application from Poland for the approval of an amendment to the specification for the protected geographical indication ‘Rogal świętomarciński’, registered under Commission Regulation (EC) No 1070/2008 (2).

               (2)

               The purpose of the application is to amend the specification in order to reduce the lower limit of the weight range of the product.

               (3)

               The Commission has examined the amendment in question and decided that it is justified. Since the amendment is minor, the Commission may approve it without recourse to the procedure laid down in Articles 50 to 52 of Regulation (EU) No 1151/2012,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The specification for the protected geographical indication ‘Rogal świętomarciński’ is hereby amended in accordance with Annex I to this Regulation.
   Article 2
   Annex II to this Regulation contains the consolidated Single Document setting out the main points of the specification.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 June 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ L 290, 31.10.2008, p. 16.

      ANNEX I
      The following amendment to the specification for the protected geographical indication ‘Rogal świętomarciński’ has been approved:
      The lower limit of the weight range for ‘rogal świętomarciński’ is being reduced to 150 g, and the product’s weight will therefore be 150-250 g.
      The proposed amendment is dictated by changes in the behaviour of consumers, who for some time have been calling for a croissant that weighs less. Eating habits have changed and, owing to its current size, the ‘rogal świętomarciński’ is considered too large as a portion of confectionery, especially as it is now baked and consumed throughout the year, and not only on Saint Martin’s day. Reducing the lower weight limit will boost demand and hence broaden the range of consumers, and this should also help to disseminate information about the PGI scheme.
      Reducing the weight of the product will in no way affect the specific features of the ‘rogal świętomarciński’ as defined in point 5.2 of the Single Document, or its taste.
      This amendment also means that it is necessary to delete the following sentence relating to the dimensions of the croissant from point 3.2 of the Single Document: ‘(It …) fits within a square of approximately 14x14 cm, with a height at its thickest point of approximately 7 cm and a width of approximately 10 cm’. This is a consequence of the change in the permitted weight of the product, and there is no justification for maintaining the dimensions indicated in this case. Nor is there any point in indicating other dimensions, as they would be difficult to specify in view of such a wide range of weights. This is partly due to the baking process, since the craftsmen bakers have no influence over the extent to which the dough increases in volume. It should be pointed out that the deletion of requirements relating to the product’s dimensions will in no way affect its specific shape, which must be maintained regardless of its weight.

      ANNEX II
      CONSOLIDATED SINGLE DOCUMENT
      Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1)

         ‘ROGAL ŚWIĘTOMARCIŃSKI’

      EC No: PL-PGI-0105-01023-24.07.2012

         PGI (X) PDO ( )

      1.   Name

      ‘Rogal świętomarciński’
      The name ‘rogal świętomarciński’ meets the requirements of Article 2(2) of Regulation (EC) No 510/2006 and is the name customarily used to describe a croissant baked in Poznań, the regional capital of Wielkopolska, and in a few surrounding towns. The name of this pastry derives from the tradition of baking and consuming on Saint Martin’s Day (11 November) croissants with a characteristic filling that have been developed in the area in question.
      2.   Member State or third country

      Poland
      3.   Description of the agricultural product or foodstuff

      3.1.   Type of product

                  Class 2.4.

                  Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

            3.2.   Description of the product to which the name in point 1 applies

      The ‘rogal świętomarciński’ is crescent-shaped, coated with icing and sprinkled with chopped nuts. Its cross-section is oval. It weighs between 150 and 250 g. Its surface colour varies from dark golden to light brown. The dough has a cream colour and the filling is creamy brown – varying from pale to dark creamy brown. The baked dough is of elastic consistency and flaky, and presents a porous cross-section, with visible layers. Closer to the middle, rolls of dough are interspersed with a poppy-seed filling. At its centre, the pastry is filled with a poppy-seed filling which is moist to the touch. The characteristic taste and smell – sweet and with a slight almond taste – derive from the ingredients it contains: the yeast dough and the poppy-seed filling.
      3.3.   Raw materials (for processed products only)

      The following ingredients are used to make a ‘rogal świętomarciński’:

                  —

                  For the dough: wheat flour, margarine, milk, eggs, sugar, yeast, salt, lemon flavouring.

                  —

                  For the filling: white poppy seeds, sugar, crumbs, egg pulp, margarine, raisins, nuts, fruit in syrup or candied fruit (sweet cherries, pear, orange peel), almond flavouring.

                  —

                  Other ingredients (decorative layer): icing, chopped nuts.

            The flour should contain more than 27 % of elastic gluten. This makes it easier to roll out the dough and to obtain the characteristic flaky consistency after layering and rolling with margarine.
      3.4.   Feed (for products of animal origin only)

      —
      3.5.   Specific steps in production that must take place in the identified geographical area

                  —

                  Making the yeast dough

                  —

                  Making the croissant dough

                  —

                  Preparation of the poppy-seed filling

                  —

                  Filling and shaping into a croissant

                  —

                  Baking

                  —

                  Decoration

            3.6.   Specific rules concerning slicing, grating, packaging, etc.

      —
      3.7.   Specific rules concerning labelling

      The ‘rogal świętomarciński’ may be sold without packaging. If packaging is used, the ‘rogal świętomarciński’ label must also include the protected geographical indication symbol and the words ‘Protected geographical indication’.
      4.   Concise definition of the geographical area

      The city of Poznań, as defined by its administrative boundaries, the district of Poznań and the following districts of Wielkopolskie Province:
      Chodzież, Czarnków, Gniezno, Gostyń, Grodzisk, Jarocin, Kalisz, and the city of Kalisz,
      Koło, Konin, and the city of Konin, Kościan, Krotoszyn, Leszno, and the city of Leszno, Nowy Tomyśl, Oborniki, Ostrów, Piła, Pleszew, Rawicz, Słupca, Szamotuły, Śrem, Środa, Wągrowiec, Wolsztyn, Września
      5.   Link with the geographical area

      5.1.   Specificity of the geographical area

      The name ‘rogal świętomarciński’ derives from the tradition of baking and consuming croissants with a characteristic filling on Saint Martin’s Day (11 November). This custom originates in Poznań and the surrounding area.
      Saint Martin’s Day celebrations date from the 16th century and are linked to the end of the agricultural year. The main street in Poznań is named after Saint Martin, and festivities in his honour take place each year and form part of the heritage of the city’s entire community.
      The reputation of ‘rogal świętomarciński’ has been established by the confectioners and bakers of Poznań, the capital of Wielkopolska, and the surrounding area. Bakers have been offering this product to the city’s inhabitants on Saint Martin’s Day for 150 years. The tradition has spread to neighbouring districts in Wielkopolskie Province.
      Over time the ‘rogal świętomarciński’ has become available throughout the year, but its production and consumption continue to be concentrated around Saint Martin’s Day.
      5.2.   Specificity of the product

      The typical characteristics of the ‘rogal świętomarciński’ are linked to the knowledge and skills of producers, who bake them in accordance with a specification. The product possesses a specific quality resulting from its external appearance, shape, taste and smell and the use of a special ingredient – white poppy seeds – for the filling.
      A yeast-based croissant dough is used. This is a yeast dough which, after rising and cooling, is rolled together with margarine to produce a croissant dough which, during baking, acquires a light, characteristically flaky texture. In accordance with what is called the ‘three times three’ recipe, two-thirds of the dough is spread with a layer of margarine and the dough is then folded in three so that there are three layers of dough interspersed with two layers of fat. It is then rolled and folded in three a further twice or folded in four once. This produces the layering which is characteristic of croissant dough.
      The white-poppy-seed filling, to which almond flavouring is added, clearly distinguishes the ‘rogal świętomarciński’ from other sweet pastries. White poppy seeds are a special and rarely used ingredient.
      The following are essential to the product’s exceptional nature:

                  —

                  the flaky croissant dough, containing the following ingredients: wheat flour, margarine, milk, eggs, sugar, yeast, salt, lemon flavouring.

                  —

                  the filling, made primarily from white poppy seeds, to which are added: sugar, sponge-cake crumbs, egg pulp, margarine, raisins, nuts, fruit in syrup or candied fruit (sweet cherries, pears, orange peel) and almond flavouring.

                  —

                  the method of folding the dough and filling it with a poppy-seed pulp and the icing and chopped-nut decoration influence the final unique shape and general appearance of the pastry.

            The combination of these ingredients and the specific flaky pastry make the ‘rogal świętomarciński’ an exceptional and unique product.
      5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, reputation or other characteristic of the product (for PGI)

      The history, baking tradition and reputation of the ‘rogal świętomarciński’
      The ‘rogal świętomarciński’ has enjoyed unwaning popularity and success in Poznań for at least 150 years. In the minds of the citizens of Poznań and visitors to this city on the river Warta, the product is associated with Saint Martin’s Day celebrations on 11 November. The many legends and traditions relating to when the baking of this pastry began testify to the product’s reputation.
      According to one of these legends, the first person to bake the ‘rogal świętomarciński’ in Poznań was the confectioner Józef Melzer, who encouraged his employer to bake croissants which were then distributed to the city’s poor. He is said to have come up with the idea in November 1891 after having listened to the preachings of Fr Jan Lewicky, the priest of the parish of Saint Martin, who urged that the patron saint of the parish, who personifies love for one’s neighbour, and is also the patron saint of bakers, be honoured by means of some act of compassion towards Poznań’s poor.
      The croissant shape also has traditional roots; its origin is attributed to the time of King Jan III Sobieski’s victory over the Turks at the gates of Vienna. In 1683, King Jan III Sobieski of Poland seized many Turkish flags, on which a crescent moon was depicted; this shape has served as a model for baking the ‘rogal świętomarciński’, in commemoration of this victory. According to another Poznań legend, the shape alludes to the horseshoe lost by Saint Martin’s horse.
      The oldest known reference to croissants being baked on Saint Martin’s Day was placed in the Gazeta Wielkiego Księstwa Poznańskiego [Gazette of the Grand Duchy of Poznan] of 10 November 1852 by the confectioner Antoni Pfitzner, who had opened his shop three years earlier on ul. Wrocławska in Poznań.

         ‘Tomorrow, Thursday, filled croissants available at various prices at A. Pfitzner’s confectioner’s shop on ul. Wrocławska’.

      The first recorded use of the name ‘rogal świętomarciński’ can be found in a press announcement from 11 November 1860.
      After the Second World War, the tradition of baking the ‘rogal świętomarciński’ was continued by private confectioners and bakers in Poznań. The Nationalisation Act of 3 January 1946 did not cover small craft firms. The type of filling used in the pastry changed at that time. Given the difficulties affecting supplies, the ingredients to make an almond filling became virtually unavailable, and confectioners and bakers began to replace the almond filling with a white-poppy-seed filling.
      Since the 1960s newspapers have regularly reported the quantity of croissants eaten by the citizens of Poznań on 11 November. Thanks to this source of information, it is known today that consumption grew from just over 10 tonnes in the early 1960s to some 42,5 tonnes in 1969. Nowadays, 250 tonnes of the product are sold on average on Saint Martin’s Day by producers in Poznań, while annual sales are in the region of 500 tonnes.
      The ‘rogal świętomarciński’ has become a symbol of Poznań with which official guests are served. It was awarded a prize by the Polish Tourism Organisation in 2004, being described as follows:
      ‘… a traditional pastry made using a unique recipe and baked only in Poznań for Saint Martin’s Day …’.This information demonstrates the reputation of this specific product and its association with Poznań and the entire region.

         Reference to publication of the specification

      (Article 5(7) of Regulation (EC) No 510/2006)
      http://www.minrol.gov.pl/pol/Jakosc-zywnosci/Produkty-regionalne-i-tradycyjne/Zlozone-wnioski-o-rejestracje-Produkty-regionalne-i-tradycyjne/OGLOSZENIE-MINISTRA-ROLNICTWA-I-ROZWOJU-WSI-z-dnia-29-maja-2012-roku

         (1)  OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.


title: Commission Implementing Regulation (EU) 2015/2235 of 2 December 2015 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

text:
               3.12.2015

               EN

               Official Journal of the European Union

               L 317/31

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2235
   of 2 December 2015
   fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
   Whereas:

               (1)

               Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.

               (2)

               Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available.

               (3)

               Article 1 of Commission Implementing Regulation (EU) 2015/987 (3) specifies that the total remaining quantity for the quota year 2015/2016 is 3 843 tonnes.

               (4)

               The applications lodged between 1 and 10 November 2015 for the remaining period of the running quota year 2015/2016 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The applications for export licences lodged from 1 to 10 November 2015 for the remaining period of the running quota year 2015/2016 shall be accepted.
   The quantities covered by export licence applications referred to in the first paragraph for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by an allocation coefficient of 1,175948.
   Export licences for the quantities exceeding the quantities applied for and which are allocated in accordance with the coefficient set out in the second paragraph, shall be issued after acceptance by the operator within one week from the date of publication of this Regulation and subject to the lodging of the corresponding security.
   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, 2 December 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)  Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).

      (3)  Commission Implementing Regulation (EU) 2015/987 of 24 June 2015 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 (OJ L 159, 25.6.2015, p. 51).


title: Commission Implementing Regulation (EU) No 484/2011 of 18 May 2011 entering a name in the register of protected designations of origin and protected geographical indications [Gönci kajszibarack (PGI)]

text:
               20.5.2011

               EN

               Official Journal of the European Union

               L 133/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 484/2011
   of 18 May 2011
   entering a name in the register of protected designations of origin and protected geographical indications [Gönci kajszibarack (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Hungary’s application to register the name ‘Gönci kajszibarack’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 May 2011.

            For the Commission, On behalf of the President,
         Dacian CIOLOŞ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 247, 14.9.2010, p. 6.

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

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      HUNGARY
      Gönci kajszibarack (PGI)


title: Commission Implementing Regulation (EU) 2015/1799 of 5 October 2015 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.10.2015

                  EN

                  Official Journal of the European Union

                  L 263/14

            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1799
      of 5 October 2015
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

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

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 5 October 2015.

               For the Commission,

               On behalf of the President,

            Heinz ZOUREK

               Director-General for Taxation and Customs Union

         (1)  OJ L 256, 7.9.1987, p. 1.

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

         ANNEX

                     Description of goods

                     Classification (CN Code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     A product in the form of powder, put up for retail sale in a plastic box containing 300 g. The recommended daily dose (10 g) consists of (in milligrams):

                                                —

                                                amino-acids (blend of arginine and citrulline)

                                    5 200

                                                —

                                                vitamin C (as ascorbic acid)

                                    500

                                                —

                                                L-taurine

                                    300

                                                —

                                                vitamin E (as D-alpha-tocopheryl acetate)

                                    90

                                                —

                                                alpha-lipoic acid

                                    10

                                                —

                                                folic acid

                                    0,4

                                                —

                                                lemon balm

                                    50

                                                —

                                                calcium (as CaCO3)

                                    66

                              The product also contains small amounts of citric acid, sucralose and silicon dioxide.
                     According to the label, the product is a dietary supplement for human consumption which provides help in taking care of the body and offering a lifetime of well-being.
                     The recommended daily dose indicated is 10 g (2 scoops).

                     2106 90 92

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Additional Note 1(a) to Chapter 30 and the wording of CN codes 2106, 2106 90 and 2106 90 92.
                     The product is a preparation presented as a dietary supplement for human consumption, containing vitamins and amino-acids.
                     The product is not intended to diagnose, treat, cure or prevent any disease within the meaning of heading 3004. Even if it contains a level of vitamins C and E significantly higher than the recommended daily allowance, it does not meet the requirements of Additional note 1 (a) to Chapter 30. Classification under CN code 3004 is therefore excluded.
                     As the product is put up in packaging with the indication that it maintains general health or well–being, it is a food preparation not elsewhere specified or included (see also the Harmonized System Explanatory Notes to heading 2106, second paragraph, point (16).
                     The product is therefore to be classified under CN code 2106 90 92 as other food preparation.


title: Commission Implementing Regulation (EU) No 731/2014 of 2 July 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               3.7.2014

               EN

               Official Journal of the European Union

               L 196/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 731/2014
   of 2 July 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, 2 July 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

                  66,3

                  TR

                  56,1

                  XS

                  59,1

                  ZZ

                  60,5

                  0707 00 05

                  MK

                  34,9

                  TR

                  79,1

                  ZZ

                  57,0

                  0709 93 10

                  TR

                  103,4

                  ZZ

                  103,4

                  0805 50 10

                  AR

                  114,8

                  BO

                  136,6

                  TR

                  107,6

                  UY

                  127,1

                  ZA

                  120,1

                  ZZ

                  121,2

                  0808 10 80

                  AR

                  123,8

                  BR

                  97,9

                  CL

                  97,6

                  NZ

                  135,4

                  US

                  144,9

                  ZA

                  125,1

                  ZZ

                  120,8

                  0808 30 90

                  AR

                  75,9

                  CL

                  103,5

                  NZ

                  200,8

                  ZA

                  99,2

                  ZZ

                  119,9

                  0809 10 00

                  MK

                  88,5

                  TR

                  228,9

                  ZZ

                  158,7

                  0809 29 00

                  TR

                  347,6

                  ZZ

                  347,6

                  0809 30

                  TR

                  145,6

                  XS

                  54,4

                  ZZ

                  100,0

         (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) No 584/2011 of 17 June 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Grana Padano (PDO))

text:
               18.6.2011

               EN

               Official Journal of the European Union

               L 160/65

         COMMISSION IMPLEMENTING REGULATION (EU) No 584/2011
   of 17 June 2011
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Grana Padano (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Grana Padano’ registered under Commission Regulation (EC) No 1107/96 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union, as required by the first subparagraph of Article 6(2) of that Regulation (3).

               (3)

               Pursuant to Article 7 of Regulation (EC) No 510/2006, a statement of objection from the company Chäs & Co Käsehandel GmbH, Inhaber Urs Reichen, Grubenstr. 39, 8045 Zürich, Switzerland was forwarded to the Commission by the Swiss authorities. In its letter dated 6 April 2010, the Commission invited the interested parties to hold appropriate consultations.

               (4)

               Given that an agreement was reached within 6 months including minor amendments to the specification, the Commission must now issue a decision.

               (5)

               In the light of the above, the amendments should be approved and the amended single document should be published,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification presented in Annex 2 concerning the name in Annex 1 to this Regulation are hereby approved.
   Article 2
   The amended single document in Annex 2 to this Regulation shall be applied.
   Article 3
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 June 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ L 148, 21.6.1996, p. 1.

      (3)  OJ C 199, 25.8.2009, p. 24.

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

         Class 1.3.   Cheeses

      ITALY
      Grana Padano (PDO)

      ANNEX II
      SINGLE DOCUMENT

         COUNCIL REGULATION (EC) No 510/2006

         ‘GRANA PADANO’

         EC No: IT-PDO-0217-0011-26.7.2006

         PGI ( ) PDO (X)

      1.   Name

      ‘Grana Padano’
      2.   Member State or third country

      Italy
      3.   Description of the agricultural product or foodstuff

      3.1.   Type of product (Annex III)

                  Class 1.3 –

                  Cheeses

            3.2.   Description of the product to which the name in point 1 applies

      Hard cheese made from cooked paste; it is matured slowly, manufactured throughout the year and used whole or grated; it is produced from raw, partially skimmed milk from cows, milked twice a day, whose basic diet consists of fresh or dried fodder; milk used may come from one milking or from two milkings mixed together. The cheese is cylindrical in form with a slightly convex or virtually straight heel, and with flat faces featuring a slightly raised edge.
      It has a diameter of 35 to 45 cm and the heel is 18 to 25 cm high, depending on technical production conditions.
      Weight: from 24 to 40 kg; rind: hard and smooth, 4-8 mm thick.
      The paste is hard, with a finely grained structure, flaky from the middle out and with barely visible eyes. The minimum fat content of the dry matter is 32 %. The colour of the rind is dark or a natural golden yellow and the paste is white or straw-coloured. The paste has a fragrant aroma and a delicate taste.
      3.3.   Raw materials (for processed products only)

      Raw cow’s milk, natural whey and calf rennet.
      The milk comes from cows reared in the geographical area defined in point 4.
      3.4.   Feed (for products of animal origin only)

      The basic feed for the dairy cattle, consisting of green or preserved fodder, is fed to lactating cows, dry cows and heifers over 7 months old.
      Milk cows are fed primarily with feed produced on the home farm or in the ‘Grana Padano PDO’ production area.
      No less than 50 % of the dry matter of the daily ration must be made up of feed with a ratio of fodder to feed of no less than 1, by reference to the dry matter.
      At least 75 % of the dry matter of the fodder in the daily ration should come from feed produced in the production area of the milk.
      The authorised feeds are listed in a positive list which includes:

                  —

                  fodder: fresh fodder, hay, straw, silage (not permitted for ‘Trentingrana’ production),

                  —

                  raw materials for feed, by category, which may be added to the fodder: cereals and their derivatives, oil seeds and their derivatives, tubers and root vegetables and products derived from them, dehydrated fodder, derivatives of the sugar industry, legume seeds, fats, minerals, additives.

            3.5.   Specific steps in production that must take place in the defined geographical area

      The production and maturing operations must take place on the territory of the production area defined in point 4.
      3.6.   Specific rules concerning slicing, grating, packaging, etc.

      Grating and related packaging must take place within the production area defined in point 4 since fresh grated cheese is a highly sensitive product and the preservation of its organoleptic characteristics requires it to be packaged immediately in conditions such as to avoid any drying out; furthermore, immediate packaging in packs bearing the designation of origin is more likely to ensure the authenticity of the grated product, which by nature is more difficult to identify than a whole cheese (as confirmed by the judgment of the Court of Justice in Case C-469/00).
      The use, for the production of grated ‘Grana Padano’, of cheese left over from the cutting and packaging of ‘Grana Padano PDO’ marketed in pieces of varying and/or fixed weight, as blocks, cubes, bite-sized pieces, etc., is permitted only under the following conditions: the maximum proportion of rind must be 18 %; traceability of the whole ‘Grana Padano PDO’ cheese from which the leftover cheese comes must be ensured at all times; where leftover cheese is to be used later and/or transferred from one establishment to another, it must be sorted by registration number and month of production; it may be transferred only within the same farm or between farms of the same group and only within the area of origin. The marketing of leftover cheese for the production of grated ‘Grana Padano’ is therefore prohibited.
      3.7.   Specific rules on labelling

      The official mark attesting to the product having met the requirements justifying the use of the ‘Grana Padano’ Protected Designation of Origin, and which must therefore appear both on the whole wheel and on all the packaging of ‘Grana Padano PDO’ cheese in portions and grated, consists of a rhomboid shape over which the words ‘GRANA’ and ‘PADANO’ are stamped in upper case letters. In the upper and lower corners of the rhomboid, which are rounded, are inscribed respectively the initials ‘G’ and ‘P’.
      The marking bands which cold stamp the origin mark on the wheels at the moulding stage are made up of a number of rhomboidal diamond shapes which contain within them the alternating words ‘GRANA’ and ‘PADANO’, and bear the cheese manufacturer’s identification references and the month and year of manufacture.
      Only ‘Grana Padano PDO’ produced in the Autonomous Province of Trento, made using milk from cows fed throughout the year with fodder which does not include silage of any kind, qualifies for use of the special ‘Trentingrana’ marking bands, consisting of a line of rhomboidal diamond shapes split by the word ‘TRENTINO’; in the centre, between the outlines of stylised mountains, the word ‘TRENTINO’ appears right way up and in vertical rotation.
      Identification of origin is completed with the affixing of a casein nameplate bearing the words ‘Grana Padano’, the year of manufacture and an alphanumeric code which unambiguously identifies each cheese wheel.
      ‘Grana Padano’ cheese which has been matured for at least 20 months after being moulded – within the production area – may be described as ‘RISERVA’. Classification in the category ‘Grana Padano RISERVA’ is shown by a second brand, affixed to the heel of the cheese at the request of the operators, in accordance with the same rules governing the affixing of the PDO mark. The mark in question is composed of a circle with the word ‘RISERVA’ written across the centre. In the upper half are written the word ‘OLTRE’ [more than] and the number ‘20’, and in the lower half appears the word ‘MESI’ [months].
      The following additional categories are applicable in the case of packaged products: ‘Grana Padano OLTRE 16 MESI’ and ‘Grana Padano RISERVA’.
      On the packaging containing cheese of the category ‘Grana Padano OLTRE 16 MESI’, the ‘Grana Padano’ logo also bears the words ‘OLTRE 16 MESI’ on a single line between two parallel lines.
      On the packaging containing cheese of the category ‘Grana Padano RISERVA’, the brand RISERVA appears in addition to the ‘Grana Padano’ logo.
      4.   Concise definition of the geographical area

      The production area for ‘Grana Padano’, whole or grated, consists of the territory of the provinces of Alessandria, Asti, Biella, Cuneo, Novara, Turin, Verbania, Vercelli, Bergamo, Brescia, Como, Cremona, Lecco, Lodi, Mantova on the left bank of the Po, Milan, Monza, Pavia, Sondrio, Varese, Trento, Padua, Rovigo, Treviso, Venice, Verona, Vicenza, Bologna on the right bank of the Reno, Ferrare, Forlì Cesena, Piacenza, Ravenna and Rimini, as well as the following municipalities in the province of Bolzano: Anterivo, Lauregno, Proves, Senale-San Felice and Trodena.
      5.   Link with the geographical area

      5.1.   Specificity of the geographical area

      The production area for ‘Grana Padano PDO’ is largely contiguous with the region of the Po plain, that is to say the geographical area of the Po river plain, characterised by fairly flat water meadows with alluvial soil of fluvial-glacial origin and well supplied with water, which is one of the most fertile areas of the world and among the best suited for growing fodder.
      In particular, these soil characteristics, together with the area’s microclimate, favour the production of maize, which represents the greatest proportion of the fodder for the cows whose milk is intended for ‘Grana Padano PDO’, since it can make up up to 50 % of the dry matter ingested.
      The reclamation and irrigation of the Po plain since the 11th century has given rise to the local development of cattle rearing. The resulting availability of substantial quantities of milk which was surplus to the daily needs of the rural population prompted the need to transform it into a durable cheese. Even today, the large supply of local fodder, in particular maize, linked to the vast supply of water, is an essential element for maintaining cattle rearing and milk production.
      5.2.   Specificity of the product

      The specificity of ‘Grana Padano PDO’ may be ascribed to the following elements:

                  —

                  size and weight of the cheese,

                  —

                  particular morphology of the paste, linked to the production technique, characterised by a granular texture which gives rise to its typical flakiness,

                  —

                  white or straw colour, with a delicate flavour and fragrant aroma, due essentially to the widespread use of waxy corn in the fodder fed to the cattle,

                  —

                  water and fat content largely similar to the protein content,

                  —

                  high level of natural breakdown of the proteins in peptones, peptides and free amino acids,

                  —

                  resistance to lengthy ripening, even beyond 20 months.

            5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

      The causal link between ‘Grana Padano PDO’ and its area of origin may be traced to the following factors.

                  —

                  The high irrigation potential of the Po plain and the resulting availability of fodder, including mainly waxy corn, which is responsible for the specific characteristics of the white or straw colour, flavour and aroma of the paste as set out in point 5.2.

                  —

                  Indeed, the direct result of using corn or waxy corn silage is the inclusion in the cows’ diet of fewer colorants such as carotene, anthocyanins and chlorophyll than if using a feed based on straw of various kinds or green fodder essences. This is a direct effect of storage in silos.

                  —

                  The use of raw milk, which has the effect of including in the process of cheese-making lactic bacteria typical of the area.

                  —

                  The use of natural whey, which creates an unbroken microbiological link with the production area. In fact, the milk, which turns to whey and thus to natural whey inoculum, is the link in the chain joining the cheese-making process to the production area and also ensures the continued and constant inclusion of lactic bacteria typical of the area of origin, to which are due the main special characteristics of ‘Grana Padano PDO’ cheese.

            The causal link between the characteristics of the product and its area of origin is also provided by the ‘casaro’ (cheesemaker) who has since time immemorial been of central and fundamental importance in the manufacture of ‘Grana Padano PDO’.
      Even today, the task of transforming milk into ‘Grana Padano PDO’ is entrusted to cheesemakers rather than to technicians or scientists.

         Reference to publication of the specification

      The Government has launched the national objection procedure in respect of the proposal to amend the ‘Grana Padano’ protected designation of origin.
      The full text of the product specification is available:

                  —

                  at the following site:
                  http://www.politcheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/335
                  or

                  —

                  by going direct to the home page of the Ministry (www.politicheagricole.it) and clicking on ‘Qualità e sicurezza’ (upper right-hand corner of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE [regolamento CE n. 510/2006]’.


title: Commission Implementing Regulation (EU) No 1206/2014 of 7 November 2014 fixing the import duties in the cereals sector applicable from 8 November 2014

text:
               8.11.2014

               EN

               Official Journal of the European Union

               L 325/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 1206/2014
   of 7 November 2014
   fixing the import duties in the cereals sector applicable from 8 November 2014
   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 183 thereof,
   Whereas:

               (1)

               Article 1(1) of Commission Regulation (EU) No 642/2010 (2) states that the import duty on products covered by CN codes 1001 11 00, 1001 19 00, ex 1001 91 20 [common wheat seed], ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the CIF import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 1(2) of Regulation (EU) No 642/2010 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative CIF import prices are to be established on a regular basis for the products referred to in that paragraph.

               (3)

               Under Article 2(1) of Regulation (EU) No 642/2010, the import price to be used for the calculation of the import duty on products referred to in Article 1(1) of that Regulation is the daily CIF representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 8 November 2014 and should apply until new import duties are fixed and enter into force.

               (5)

               Under Article 2(2) of Regulation (EU) No 642/2010, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 8 November 2014, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   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, 7 November 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

      ANNEX I
      Import duties on the products referred to in Article 1(1) of Regulation (EU) No 642/2010 applicable from 8 November 2014

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 11 00

                  Durum wheat seed

                  0,00

                  1001 19 00

                  High quality durum wheat, other than for sowing

                  0,00

                  Medium quality, other than for sowing

                  0,00

                  Low quality, other than for sowing

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat, other than for sowing

                  0,00

                  1002 10 00

                  Rye seed

                  0,00

                  1002 90 00

                  Rye, other than for sowing

                  0,00

                  1005 10 90

                  Maize seed, other than hybrid

                  0,00

                  1005 90 00

                  Maize, other than for sowing (2)

                  0,00

                  1007 10 90

                  Grain sorghum, other than hybrids for sowing

                  0,00

                  1007 90 00

                  Grain sorghum, other than for sowing

                  0,00

         (1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  EUR 3/tonne, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/tonne, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

         (2)  The importer may benefit from a flat-rate reduction of EUR 24/tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II
      Factors for calculating the duties laid down in Annex I

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Exchange

                              Minneapolis

                              Chicago

                              Quotation

                              180,57

                              115,23

                              Gulf of Mexico premium

                              —

                              28,18

                              Great Lakes premium

                              71,30

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico-Rotterdam

                              14,53 EUR/t

                              Freight costs: Great Lakes-Rotterdam

                              47,16 EUR/t

         (1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).


title: Commission Implementing Regulation (EU) 2016/325 of 7 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.3.2016

               EN

               Official Journal of the European Union

               L 61/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/325
   of 7 March 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 March 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  EG

                  371,5

                  IL

                  154,0

                  MA

                  98,5

                  SN

                  174,9

                  TN

                  112,1

                  TR

                  98,3

                  ZZ

                  168,2

                  0707 00 05

                  JO

                  194,1

                  MA

                  84,5

                  TR

                  158,2

                  ZZ

                  145,6

                  0709 93 10

                  MA

                  62,3

                  TR

                  162,8

                  ZZ

                  112,6

                  0805 10 20

                  EG

                  44,3

                  IL

                  73,9

                  MA

                  54,5

                  TN

                  54,2

                  TR

                  65,1

                  ZZ

                  58,4

                  0805 50 10

                  MA

                  118,8

                  TN

                  91,8

                  TR

                  89,3

                  ZZ

                  100,0

                  0808 10 80

                  CL

                  93,0

                  CN

                  66,5

                  US

                  134,2

                  ZZ

                  97,9

                  0808 30 90

                  CL

                  176,2

                  CN

                  112,4

                  TR

                  58,3

                  ZA

                  97,5

                  ZZ

                  111,1

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


title: Council Implementing Regulation (EU) No 805/2010 of 13 September 2010 re-imposing a definitive anti-dumping duty on imports of ironing boards originating in the People’s Republic of China, manufactured by Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, Foshan

text:
               15.9.2010

               EN

               Official Journal of the European Union

               L 242/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 805/2010
   of 13 September 2010
   re-imposing a definitive anti-dumping duty on imports of ironing boards originating in the People’s Republic of China, manufactured by Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, Foshan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’) and in particular Article 9 thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 452/2007 (2) (‘the contested Regulation’), the Council imposed definitive anti-dumping duties ranging from 9,9 % to 38,1 % on imports of ironing boards, whether or not free-standing, with or without a steam soaking and/or heating top and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest originating in the People’s Republic of China (‘PRC’) and Ukraine.

               (2)

               On 12 June 2007, one cooperating Chinese exporting producer, namely Foshan Shunde Yongjian Housewares and Hardware Co. Ltd (‘Foshan Shunde’), lodged an application at the General Court (‘the Court of First Instance’ before the entry into force of the Lisbon Treaty) seeking the annulment of Regulation (EC) No 452/2007 in so far as it applies to the appellant (3).

               (3)

               On 29 January 2008, the General Court rejected the application of Foshan Shunde.

               (4)

               On 3 April 2008, Foshan Shunde lodged an appeal at the Court of Justice asking it to set aside the judgment of the General Court and seeking the annulment of Regulation (EC) No 452/2007 in so far as it concerns the appellant.

               (5)

               On 1 October 2009, the Court of Justice in its judgment in case C-141/08 P (‘the Court of Justice judgment’) set aside the previous judgment of the General Court of 29 January 2008. By its judgment the Court of Justice found that Foshan Shunde’s rights of defence were adversely affected by the infringement of Article 20(5) of the basic Regulation. Therefore, the Court of Justice annulled the contested Regulation in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by Foshan Shunde.

               (6)

               The General Court in case T-2/95 (4) (the ‘IPS case’) has recognised that, in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of the contested Regulation in relation to one party does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Moreover, according to Article 266 of the Treaty on the Functioning of the European Union, the Union institutions are obliged to comply with the Court of Justice judgment of 1 October 2009. This also implies the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the Court of Justice judgment – as was held in case C-458/98 P (5) (‘the IPS appeal case’). It should be noted that apart from the finding of an infringement of Article 20(5) of the basic Regulation, all other findings made in the contested Regulation remain automatically valid to the extent that the Court of Justice rejected all claims made in this respect.

               (7)

               Following the Court of Justice judgment of 1 October 2009, a notice (6) was published concerning the partial reopening of the anti-dumping investigation concerning imports of ironing boards originating, inter alia, in PRC. The reopening was limited in scope to the implementation of the Court of Justice judgment in so far as Foshan Shunde is concerned.

               (8)

               The Commission officially advised the exporting producers, importers and users known to be concerned, the representatives of the exporting country and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set out in the notice.

               (9)

               All parties who so requested within the above time-limit and who demonstrated that there were particular reasons why they should be heard were granted the opportunity to be heard.

               (10)

               Representations were received from two exporting producers in the PRC (one being the party directly concerned, i.e. Foshan Shunde), the Union industry and two unrelated importers.

               (11)

               All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties on Foshan Shunde. They were granted a period within which to make representations subsequent to disclosure. The comments of the parties were considered and, where appropriate, the findings have been modified accordingly.

         B.   IMPLEMENTATION OF THE COURT OF JUSTICE JUDGMENT

   1.   Preliminary remark

               (12)

               It is recalled that the reason for the annulment of the contested Regulation was that the Commission sent its proposal to impose a definitive anti-dumping duty to the Council before the end of the 10-day mandatory deadline as set out by Article 20(5) of the basic Regulation for receiving comments following the sending to interested parties of a definitive disclosure document.

         2.   Comments of interested parties

               (13)

               Foshan Shunde argued that the Court of Justice judgment requires no implementing measures. According to the company the re-opening is illegal because there is no specific provision in the basic Regulation allowing for such an approach and because such re-opening would be in conflict with the 15-month statutory deadline for the completion of an investigation as set by Article 6(9) of the basic Regulation and the 18-month deadline as set out by Article 5.10 of the WTO anti-dumping agreement. Foshan Shunde submitted that the IPS case could not serve as a precedent because it was based on Council Regulation (EЕC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (7) (‘the old basic Regulation’), under which mandatory deadlines did not apply yet. Foshan Shunde also argued that if the Commission decided to proceed with the implementation of the Court of Justice judgment, this should be done on the basis of the Commission’s definitive disclosure document dated 20 February 2007, where the party was attributed Market Economy Treatment (‘MET’) and no dumping was found for this company and not on the basis of the revised definitive disclosure document of 23 March 2007, where the Commission confirmed its provisional findings for Foshan Shunde of no MET and a 18,1 % dumping margin.

               (14)

               The other Chinese exporting producer – Zheijiang Harmonic Hardware Products Co. Ltd (‘Zheijiang Harmonic’) submitted a number of arguments that were essentially identical with those made by Foshan Shunde, i.e. that there is no legal basis for the re-opening of the proceeding, and that no re-imposition of anti-dumping duties is by law possible beyond the time-limits set by the basic Regulation and WTO anti-dumping agreement. It also argued that reissuing a revised disclosure and granting a period to reply in line with Article 20(5) of the basic Regulation cannot correct the violation of Zheijiang Harmonic’s rights of defence and the unlawful imposition of duties. It finally pointed out that the Commission could not re-impose anti-dumping measures based on information relating to 2005, a period that is more than four years prior to the initiation of the partial re-opening of the investigation as this would not be in line with Article 6(1) of the basic Regulation. Furthermore, Zheijang Harmonic argued that the Commission could not reopen the case because it has lost its objectivity and impartiality since the contested Regulation proposed by the Commission was partially annulled by the Court of Justice.

               (15)

               The two unrelated Union importers/producers did not submit any information and data as to the legal merits of the re-investigation but rather emphasised their role as players in the Union’s ironing boards market. One of them also pointed out the repercussions of the Court of Justice’s annulment and the subsequent partial reopening of the investigation on their business.

               (16)

               The Union industry argued that Union producers pay the price for the irregularity identified by the Court of Justice as they are left without protection against imports that were found to be dumped and causing injury. The Union industry proposed that the procedure be resumed at the stage where the Commission’s irregularity occurred i.e. at the time when the Chinese company had to submit its comments on the Commission’s revised definitive disclosure document of 23 March 2007, the party’s comments be decided upon and the new proposal limited to the situation of Foshan Shunde be sent to the Council, with the aim of reinstating the anti-dumping duty on imports of ironing boards produced by Foshan Shunde. The Union industry also submitted that a similar approach was followed in the past (i.e. in the judgments in the IPS case, the IPS appeal case, and in Council Regulation (EC) No 235/2004 (8) adopted following the judgment of the Court of Justice in case C-76/00 P Petrotub and Republica v Council). Moreover, according to this party the 15-month time-limit of the basic Regulation does not apply to the amendment of a Regulation imposing anti-dumping duties in order to implement a judgment of the Court of Justice of the European Union.

         3.   Analysis of comments

               (17)

               It is recalled that the Court of Justice has rejected all the substantive arguments of Foshan Shunde referring to the merits of the case. Thus, the Union institutions’ obligation is focused on correcting the part of the administrative procedure where the irregularity occurred in the initial investigation.

               (18)

               The claim that the introduction of deadlines, 15 months and 18 months respectively, to conclude anti-dumping investigations prevents the Commission from following the approach underlying the IPS case was found to be unwarranted. It is considered that this deadline is not relevant for the implementation of a judgment of the Court of Justice of the European Union. Indeed, such deadline only governs the completion of the original investigation from the date of initiation to the date of definitive action, and does not concern any subsequent action that might have to be taken for instance as a result of judicial review. Furthermore, it is noted that any other interpretation would mean that a successful legal action brought by the Union industry would be without any practical effect for that party if it is accepted that the expiry of the time-limit to conclude the original investigation would not allow for the implementation of a judgment of the Court of Justice of the European Union. This would be at odds with the principle that all parties should have the possibility of effective judicial review.

               (19)

               It is also recalled that the General Court in its judgment in joint cases T-163/94 and T-165/94 (9) has held that even the soft deadline applicable under the old basic Regulation could not be stretched beyond reasonable limits and found that an investigation lasting for more than three years was too long. This contrasts with the IPS case where the implementation of the Court of Justice judgment occurred seven years after the initiation of the original investigation and the Court of Justice judgment contains no indication that deadlines were an issue.

               (20)

               Therefore, it is concluded that Article 6(9) of the basic Regulation applies to the initiation of proceedings and the conclusion of the investigation initiated pursuant to Article 5(9) of the basic Regulation only and not to a partial reopening of an investigation with a view to implementing a judgment of the Court of Justice of the European Union.

               (21)

               This conclusion is in line with the approach taken for the implementation of WTO panels and Appellate Body reports where it is accepted that institutions could amend deficiencies of a regulation imposing anti-dumping duties in order to comply with dispute settlement body reports, including in cases concerning the Union (10). In such cases it was felt necessary to adopt special procedures to implement WTO panel and Appellate Body reports because of the lack of direct applicability of such reports in the Union legal order, by contrast with the judgments of the Court of Justice which are directly applicable.

               (22)

               With respect to the arguments submitted on the application of Article 6(1) of the basic Regulation it is noted that no infringement of Article 6(1) of the basic Regulation could be established since the Commission has not opened a new proceeding but reopened the original investigation to implement the Court of Justice judgment.

               (23)

               With respect to the argument that Foshan Shunde should receive the disclosure document of 20 February 2007 and not the revised disclosure document of 23 March 2007 it is noted that in line with the Court of Justice judgment the Commission should correct the procedural irregularity. This administrative irregularity only happened when Foshan Shunde received less than 10 days to comment on the revised disclosure document. Hence, the validity of the preceding steps of the original investigation were not affected by the Court of Justice judgment and does therefore not require to be reviewed in the context of the current partial reopening.

         4.   Conclusion

               (24)

               Account taken of the comments made by the parties and the analysis thereof it was concluded that the implementation of the Court of Justice judgment should take the form of re-disclosure to Foshan Shunde and all other interested parties of the revised definitive disclosure document of 23 March 2007 on the basis of which it was proposed to re-impose an anti-dumping duty on imports of ironing boards manufactured by Foshan Shunde by the contested Regulation.

               (25)

               On the basis of the above it was also concluded that the Commission should give Foshan Shunde and all other interested parties enough time to provide comments on the revised definitive disclosure document of 23 March 2007 and then evaluate such comments in order to determine whether to make a proposal to the Council to re-impose the anti-dumping duty on imports of ironing boards manufactured by Foshan Shunde on the basis of the facts relating to the original investigation period.

         C.   DISCLOSURE

               (26)

               Interested parties were informed of the essential facts and considerations on the basis of which it was intended to implement the Court of Justice judgment.

               (27)

               All interested parties were given an opportunity to comment, applying the 10-day period prescribed in Article 20(5) of the basic Regulation. Their comments were considered and taken into account, where appropriate, but they were not of a nature as to change the above conclusions.

               (28)

               Foshan Shunde and all other interested parties received the revised definitive disclosure document dated 23 March 2007 on the basis of which it was proposed to re-impose the anti-dumping duty on imports of ironing boards from Foshan Shunde on the basis of the facts relating to the original investigation period.

               (29)

               Foshan Shunde and all other interested parties were given an opportunity to comment on this revised disclosure document. The oral and written arguments submitted were considered and, where appropriate, were taken into account. In the light of the comments made, the following can be observed. The course of action taken in this Regulation is based on the fact that, in the Court of Justice judgment, it is emphasised that Article 2(7)(c) of the basic Regulation cannot be interpreted in such a manner as to oblige the Commission to propose to the Council definitive measures which would perpetuate an error of assessment made in the original assessment of the substantive criteria of that provision (11). Although the Court of Justice made this comment in relation to an error to the detriment of the applicant in that case, it is clear that this interpretation should be applied in an even-handed manner, meaning that also an error to the detriment of the Union industry can not be perpetuated. As stated in the revised final disclosure document of 23 March 2007 and in the revised specific disclosure document of the same date, and in earlier letters by the Commission to the applicant on which those documents are based, Foshan Shunde should be refused MET because its accounting practices had various serious deficiencies and were therefore not in line with International Accounting Standards. This violation of the second criterion in Article 2(7) can not be remedied by the statistics referred to in the last sentence of paragraph 12 of the Court of Justice judgment. The approach which was originally considered in the final disclosure document of 20 February 2007 should therefore be qualified as an error, which should be corrected. In the interest of protecting the Union industry against dumping, the resulting anti-dumping duty on the applicant should be re-imposed as soon as possible.

               (30)

               Following the disclosure of the essential facts and considerations on the basis of which it was intended to recommend the re-imposition of definitive anti-dumping measures, one Chinese exporting producer proposed a price undertaking in accordance with Article 8(1) of the basic Regulation. However, this undertaking offer failed to provide any remedies with respect to the problems already highlighted in recital 68 of the contested Regulation, notably the need to establish meaningful minimum import prices for each of the numerous product types which could be properly monitored by the Commission without serious risk of circumvention. Moreover, the price undertaking offer either suggested one average minimum price covering only one product type exported to the Union, or several minimum import prices based again on weighted average prices for combinations of some products. Furthermore, all the proposed combinations for minimum import price were significantly lower than the highest established export prices. On the basis of the above, it was concluded that such undertaking was impractical and therefore it cannot be accepted. The party was informed accordingly and given an opportunity to comment. However, its comments have not altered the above conclusion.

         D.   DURATION OF MEASURES

               (31)

               This procedure does not affect the date on which the measures imposed by the contested Regulation will expire pursuant to Article 11(2) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby re-imposed on imports of ironing boards, whether or not free-standing, with or without a steam soaking and/or heating top and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest originating in the People’s Republic of China, currently falling within CN codes ex 3924 90 00, ex 4421 90 98, ex 7323 93 90, ex 7323 99 91, ex 7323 99 99, ex 8516 79 70 and ex 8516 90 00 (TARIC codes 3924900010, 4421909810, 7323939010, 7323999110, 7323999910, 8516797010 and 8516900051) and manufactured by Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, Foshan (TARIC additional code A785).
   2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, shall be 18,1 %.
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 September 2010.

            For the Council

            The President

         S. VANACKERE

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

      (2)  OJ L 109, 26.4.2007, p. 12.

      (3)  Case T-206/07 Foshan Shunde Yongjian Housewares and Hardware v Council.

      (4)  Case T-2/95 Industrie des poudres sphériques (IPS) v Council [1998] ECR II-3939.

      (5)  Case C-458/98 P Industrie des poudres sphériques (IPS) v Council [2000] ECR I-08147.

      (6)  OJ C 308, 18.12.2009, p. 44.

      (7)  OJ L 209, 2.8.1988, p. 1.

      (8)  OJ L 40, 12.2.2004, p. 11.

      (9)  Joined cases T-163/94 and 165/94 NTN Corporation and Koyo Seiko Co. Ltd v Council [1995] ECR II-01381.

      (10)  European Communities-Antidumping Duties on Imports of Cotton-Tyle Bed Linen from India: Recourse to Article 21.5 of the DSU by India WT/DS141/AB/RW (8 April 2003), paragraphs 82-86; Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (OJ L 201, 26.7.2001, p. 10); Council Regulation (EC) No 436/2004 of 8 March 2004 amending Regulation (EC) No 1784/2000 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People’s Republic of China, the Republic of Korea and Thailand (OJ L 72, 11.3.2004, p. 15) following Reports adopted by the Dispute Settlement Body of the WTO.

      (11)  Paragraph 111 of the Court of Justice judgment.


title: Commission Implementing Regulation (EU) No 1338/2014 of 16 December 2014 amending Implementing Regulation (EU) No 439/2011 as regards a prolongation of a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised tariff preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the European Union

text:
               17.12.2014

               EN

               Official Journal of the European Union

               L 360/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 1338/2014
   of 16 December 2014
   amending Implementing Regulation (EU) No 439/2011 as regards a prolongation of a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised tariff preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the European Union
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
   Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 89(1)(b) thereof,
   Whereas:

               (1)

               By Commission Regulation (EC) No 815/2008 (3) Cape Verde was granted a derogation from the rules of origin laid down in Regulation (EEC) No 2454/93. By Implementing Regulation (EU) No 439/2011 (4) the Commission granted Cape Verde a new derogation from those rules of origin. The latest derogation expires on 31 December 2014.

               (2)

               By letter dated 4 June 2014, Cape Verde submitted a request for a prolongation of that derogation for an indefinite period of time from 1 January 2015 until either the expiry of the Protocol (to be published) between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force, or the application date for the rules of origin under a future Economic Partnership Agreement between the Union and the Economic Community of West African States, whichever occurs later. The request concerns an annual volume of 2 500 tonnes for prepared or preserved mackerel fillets and 875 tonnes for prepared or preserved frigate tuna or frigate mackerel fillets.

               (3)

               From 2008, the total annual quantities that were granted to Cape Verde under the derogation have contributed, to a significant extent, to improving the situation in the Cape Verdean fishery processing sector. Those quantities also led, to a certain extent, to the revitalisation of Cape Verde's artisanal fleet, which is of vital importance for the country. However, fully revitalising the Cape Verdean fleet to the degree envisaged requires that Cape Verde's fish processing industries continue to be provided with enough originating raw materials.

               (4)

               The request demonstrates that, without the derogation, the ability of the Cape Verdean fish processing industry to continue exporting to the Union would be significantly affected, which might deter further development of the Cape Verdean fleet for small pelagic fishing.

               (5)

               Additional time is needed to consolidate the results already obtained by Cape Verde in its efforts to revitalise its local fishing fleet. The derogation should give Cape Verde sufficient time to prepare itself to comply with the rules for the acquisition of preferential origin.

               (6)

               Having regard to the temporary nature of derogations granted in respect of the definition of the concept of originating products,, it is not possible to grant the derogation for an indefinite period as requested by Cape Verde. Instead, the derogation should be granted for a period of two years, in respect of yearly quantities of 2 500 tonnes for prepared or preserved mackerel fillets and 875 tonnes for prepared or preserved frigate tuna or frigate mackerel fillets, to allow Cape Verde to achieve compliance with the rules.

               (7)

               Implementing Regulation (EU) No 439/2011 should therefore be amended accordingly.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) No 439/2011 is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               The derogation provided for in Article 1 shall apply to products exported from Cape Verde and declared for release for free circulation in the Union, during the periods from 1 January 2011 until 31 December 2011, 1 January 2012 until 31 December 2012, 1 January 2013 until 31 December 2013, 1 January 2014 until 31 December 2014, 1 January 2015 until 31 December 2015 and 1 January 2016 until 31 December 2016, up to the quantities listed in the Annex, where the conditions specified in Article 74 of Regulation (EEC) No 2454/93 are satisfied.’;

               (2)

               the Annex is replaced by the text set out in the Annex to this Regulation.

         Article 2
   1.   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   2.   It shall apply from 1 January 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 302, 19.10.1992, p. 1.

      (2)  OJ L 253, 11.10.1993, p. 1.

      (3)  Commission Regulation (EC) No 815/2008 of 14 August 2008 on a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the Community (OJ L 220, 15.8.2008, p. 11).

      (4)  Commission Implementing Regulation (EU) No 439/2011 of 6 May 2011 on a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised tariff preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the European Union (OJ L 119, 7.5.2011, p. 1).

      ANNEX

                  Order No

                  CN code

                  Description of goods

                  Periods

                  Quantity (in tonnes net weight)

                  09.1647

                  1604 15 11
                  ex 1604 19 97

                  Prepared or preserved fillets of mackerel (Scomber scombrus, Scomber japonicus, Scomber colias)

                  1.1.2011 to 31.12.2011
                  1.1.2012 to 31.12.2012
                  1.1.2013 to 31.12.2013
                  1.1.2014 to 31.12.2014
                  1.1.2015 to 31.12.2015
                  1.1.2016 to 31.12.2016

                  2 500
                  2 500
                  2 500
                  2 500
                  2 500
                  2 500

                  09.1648

                  ex 1604 19 97

                  Prepared or preserved fillets of frigate tuna or frigate mackerel (Auxis thazard, Auxis rochei)

                  1.1.2011 to 31.12.2011
                  1.1.2012 to 31.12.2012
                  1.1.2013 to 31.12.2013
                  1.1.2014 to 31.12.2014
                  1.1.2015 to 31.12.2015
                  1.1.2016 to 31.12.2016

                  875
                  875
                  875
                  875
                  875
                  875


title: Commission Implementing Regulation (EU) 2016/1809 of 12 October 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.10.2016

               EN

               Official Journal of the European Union

               L 276/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1809
   of 12 October 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 October 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  155,2

                  ZZ

                  155,2

                  0707 00 05

                  TR

                  132,0

                  ZZ

                  132,0

                  0709 93 10

                  TR

                  131,0

                  ZZ

                  131,0

                  0805 50 10

                  AR

                  76,2

                  CL

                  95,3

                  TR

                  101,7

                  UY

                  44,4

                  ZA

                  85,7

                  ZZ

                  80,7

                  0806 10 10

                  BR

                  285,5

                  EG

                  206,9

                  TR

                  146,3

                  ZZ

                  212,9

                  0808 10 80

                  AR

                  191,8

                  AU

                  196,9

                  BR

                  100,2

                  CL

                  148,4

                  NZ

                  142,7

                  US

                  141,5

                  ZA

                  113,9

                  ZZ

                  147,9

                  0808 30 90

                  CN

                  101,3

                  TR

                  134,9

                  ZZ

                  118,1

         (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’.