title: Commission Implementing Regulation (EU) No 635/2011 of 29 June 2011 entering a name in the register of protected designations of origin and protected geographical indications [Aceite Campo de Calatrava (PDO)]

text:
               30.6.2011

               EN

               Official Journal of the European Union

               L 170/26

         COMMISSION IMPLEMENTING REGULATION (EU) No 635/2011
   of 29 June 2011
   entering a name in the register of protected designations of origin and protected geographical indications [Aceite Campo de Calatrava (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, and in particular the first subparagraph of Article 7(4) thereof (1),
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Aceite Campo de Calatrava’ 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 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, 29 June 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 287, 23.10.2010, p. 16.

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

         Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

      SPAIN
      Aceite Campo de Calatrava (PDO)


title: Commission Implementing Regulation (EU) 2017/1204 of 5 July 2017 correcting the Slovak language version of Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance. )

text:
               6.7.2017

               EN

               Official Journal of the European Union

               L 173/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1204
   of 5 July 2017
   correcting the Slovak language version of Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (1), and in particular the second paragraph of Part III of Annex I thereto,
   Whereas:

               (1)

               The Slovak language version of Commission Implementing Regulation (EU) 2015/2403 (2) contains an error in Article 1(2), whereby the word ‘unless’ was erroneously translated as ‘if’, thus conveying the contrary of the intended meaning. It is therefore necessary to correct the Slovak language version of the Regulation. All other language versions are not affected.

               (2)

               Implementing Regulation (EU) 2015/2403 should therefore be corrected accordingly.

               (3)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Directive 91/477/EEC,

         HAS ADOPTED THIS REGULATION:
   Article 1

      (Does not concern the English language)

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 July 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 256, 13.9.1991, p. 51.

      (2)  Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (OJ L 333, 19.12.2015, p. 62).


title: Commission Implementing Regulation (EU) No 804/2012 of 7 September 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.9.2012

               EN

               Official Journal of the European Union

               L 244/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 804/2012
   of 7 September 2012
   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, 7 September 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  75,0

                  TR

                  76,8

                  ZZ

                  75,9

                  0707 00 05

                  MK

                  20,0

                  TR

                  121,6

                  ZZ

                  70,8

                  0709 93 10

                  TR

                  112,0

                  ZZ

                  112,0

                  0805 50 10

                  AR

                  94,0

                  BO

                  100,6

                  CL

                  88,4

                  TR

                  97,0

                  UY

                  96,5

                  ZA

                  91,2

                  ZZ

                  94,6

                  0806 10 10

                  BA

                  58,9

                  EG

                  182,2

                  TN

                  175,3

                  TR

                  126,7

                  ZZ

                  135,8

                  0808 10 80

                  AR

                  243,9

                  BR

                  93,9

                  CA

                  157,8

                  CL

                  155,7

                  NZ

                  118,3

                  US

                  192,7

                  ZA

                  97,9

                  ZZ

                  151,5

                  0808 30 90

                  AR

                  224,0

                  TR

                  123,7

                  ZA

                  148,0

                  ZZ

                  165,2

                  0809 30

                  TR

                  153,3

                  ZZ

                  153,3

                  0809 40 05

                  BA

                  59,4

                  HR

                  73,9

                  IL

                  34,3

                  XS

                  91,2

                  ZZ

                  64,7

         (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 1230/2014 of 17 November 2014 concerning the authorisation of copper bilysinate as a feed additive for all animal species  Text with EEA relevance

text:
               18.11.2014

               EN

               Official Journal of the European Union

               L 331/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 1230/2014
   of 17 November 2014
   concerning the authorisation of copper bilysinate as a feed additive for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of copper bilysinate. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               That application concerns the authorisation of copper bilysinate as a feed additive for all animal species, to be classified in the additive category ‘nutritional additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 3 July 2014 (2) that, under the proposed conditions of use, copper bilysinate does not have an adverse effect on animal health, human health or the environment and that it may be considered as an efficacious source of copper for all animal species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The substance specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘compounds of trace elements’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 November 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  EFSA Journal 2014; 12(7):3796.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Content of element (Cu) in mg/kg of complete feedingstuff with a moisture content of 12 %

                     Category of nutritional additives. Functional group: compounds of trace elements

                  3b411

                  —

                  Copper bilysinate

                     Characterisation of the additive

                  Powder or granulate with a content of copper ≥ 14,5 % and lysine ≥ 84,0 %.

                     Characterisation of the active substance

                  Copper chelate of L-lysinate-HCl
                  Chemical formula: Cu(C6H13N2O2)2 × 2HCl
                  CAS number: 53383-24-7

                     Analytical methods
                      (1):
                  For the quantification of Lysine content in the feed additive:

                              —

                              Ion-exchange chromatography combined with post-column derivatisation and colorimetric or fluorescence detection — EN ISO 17180.

                        For the quantification of total copper content in the feed additive and premixtures:

                              —

                              Inductively coupled plasma atomic emission spectrometry (ICP-AES) — EN 15510,
                              or

                              —

                              Inductively coupled plasma atomic emission spectrometry after pressure digestion, (ICP-AES) — EN 15621.

                        For the quantification of total copper in the feed materials and compound feed:

                              —

                              Atomic absorption spectrometry (AAS) — Commission Regulation (EC) No 152/2009, or

                              —

                              Inductively coupled plasma atomic emission spectrometry (ICP-AES) — EN 15510, or

                              —

                              Inductively coupled plasma atomic emission spectrometry after pressure digestion (ICP-AES) — EN 15621.

                  All animal species

                  —

                  —

                  Bovines:

                              —

                              bovines before the start of rumination: 15 (total),

                              —

                              other bovines: 35 (total).

                        Ovines: 15 (total).
                  Piglets up to 12 weeks: 170 (total).
                  Crustaceans: 50 (total).
                  Other animals: 25 (total).

                              1.

                              The additive shall be incorporated into feed in the form of a premixture.

                              2.

                              For user safety: breathing protection, safety glasses and gloves should be worn during handling.

                              3.

                              The following words shall be included in the labelling:

                                          —

                                          For feed for sheep if the level of copper in the feed exceeds 10 mg/kg:
                                          ‘The level of copper in this feed may cause poisoning in certain breeds of sheep.’

                                          —

                                          For feed for bovines after the start of rumination if the level of copper in the feed is less than 20 mg/kg:
                                          ‘The level of copper in this feed may cause copper deficiencies in cattle grazing pastures with high contents of molybdenum or sulphur.’

                                          —

                                          ‘The lysine content of the additive should be considered when formulating feed.’

                  8 December 2024.

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


title: Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009

text:
               6.3.2013

               EN

               Official Journal of the European Union

               L 62/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 185/2013
   of 5 March 2013
   providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(4) thereof,
   Whereas:

               (1)

               A fishing quota for mackerel in ICES zones VIIIc, IX and X and in the EU waters of CECAF zone 34.1.1 was allocated to Spain for 2009 by Council Regulation (EC) No 43/2009 (2).

               (2)

               The mackerel fishing quota for 2009 was reduced following exchanges made by Spain with France and Poland, pursuant to Article 20(5) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3).

               (3)

               The Commission detected inconsistencies in the Spanish data about the mackerel fishery in 2009 by crosschecking such data as they had been recorded and reported at different stages of the value chain, from catch to first sale. The existence of those inconsistencies was further corroborated through the conduct of several audits, verification missions and inspections in Spain in accordance with Regulation (EC) No 1224/2009.

               (4)

               The Commission engaged a consultation with Spain on the intended deductions by means of a letter dated 28 November 2011, to which the Spanish authorities replied by letter of 19 December 2011.

               (5)

               Spain acknowledged that it had exceeded its mackerel quota in the year 2009 by 65 429 tonnes.

               (6)

               According to Article 2 of Regulation (EC) No 2371/2002, the common fisheries policy shall ensure an exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.

               (7)

               Given the level of the overfishing and considering the need to take account of the socioeconomic situation of both the fishing sector and the associated processing industry of the concerned Member State and to limit as much as possible the negative impact on both sectors, it is appropriate to deduct quantities fished in excess over a period of at least 11 years.

               (8)

               Considering that Commission Regulation (EU) No 165/2011 (4) provides for other deductions from fishing quotas allocated to Spain for mackerel until 2015, it is appropriate to fix a smaller deduction amount during the overlapping years, i.e. from 2013 to 2015.

               (9)

               Additionally, in order to avoid social and economic consequences for both the fishing sector concerned and the associated processing industry, as from 2016 the quantities deducted in any one year should not exceed 33 % of the annual mackerel quota. Where the quantity to be deducted exceeds 33 % of the annual mackerel quota, this Regulation should be amended to reduce the annual quantity to be deducted while extending the deduction period accordingly.

               (10)

               Spain has requested to operate part of the deduction from its anchovy quotas in the same area over the same period. The mackerel stock in question is currently within safe biological limits. The anchovy stock in zone VIII is exploited at a rate that is consistent with producing the highest catch from the stock in the long term but is subject to large fluctuations and would in the long term benefit from temporary reductions on its exploitation. The main fishery for this mackerel stock (nearly 90 % of the catches) takes place in ICES zone VIIIc from February to May, and the anchovy stock in zone VIII is fished in the same area (VIIIc) from April to June. Mackerel and anchovy are pelagic fish that occur in mid water. It can be concluded that both these stocks are in the same geographical area and share the same ecosystem. Therefore, and taking into consideration the objectives of the common fisheries policy, it is considered appropriate in this particular case to operate part of the necessary deductions from the anchovy quotas allocated to Spain in the same area over the same period.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The fishing quotas for mackerel (Scomber scombrus) in ICES zones VIIIc, IX and X and EU waters of CECAF zone 34.1.1 and for anchovy (Engraulis encrasicolus) in ICES zone VIII that may be allocated to Spain in the years from 2013 to 2023 shall be reduced as shown in the Annex.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 March 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 22, 26.1.2009, p. 1.

      (3)  OJ L 358, 31.12.2002, p. 59.

      (4)  OJ L 48, 23.2.2011, p. 11.

      ANNEX

                  (in tonnes)

                  Stock

                  Initial quota 2009

                  Adapted quota 2009

                  Established catches 2009

                  Difference quota-catches (over-fishing)

                  Deduction 2013

                  Deduction 2014

                  Deduction 2015

                  Deduction 2016

                  Deduction 2017

                  Deduction 2018

                  Deduction 2019

                  Deduction 2020

                  Deduction 2021

                  Deduction 2022

                  Deduction 2023

                  MAC8C
                  3411

                  29 529

                  25 525

                  90 954

                  –65 429

                  100

                  100

                  100

                  5 544

                  5 544

                  5 544

                  5 544

                  5 544

                  5 544

                  5 544

                  269

                  ANE08 (1)

                  3 696

                  3 696

                  3 696

                  3 696

                  3 696

                  3 696

                  3 696

                  180

         (1)  For anchovy, the year should be understood as the fishing season starting in that year.


title: Commission Implementing Regulation (EU) No 669/2012 of 20 July 2012 fixing the allocation coefficient for the issuing of import licences applied for from 1 to 7 July 2012 for sugar products under certain tariff quotas and suspending submission of applications for such licences

text:
               21.7.2012

               EN

               Official Journal of the European Union

               L 194/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 669/2012
   of 20 July 2012
   fixing the allocation coefficient for the issuing of import licences applied for from 1 to 7 July 2012 for sugar products under certain tariff quotas and suspending submission of applications for such licences
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (3), and in particular Article 5(2) thereof,
   Whereas:

               (1)

               Quantities covered by applications for import licences submitted to the competent authorities from 1 to 7 July 2012 in accordance with Regulation (EC) No 891/2009, exceed the quantity available under order number 09.4321.

               (2)

               In these circumstances, an allocation coefficient for licences to be issued regarding order number 09.4321 should be fixed in accordance with Regulation (EC) No 1301/2006. Submission of further applications for licences for that order number should be suspended until the end of the marketing year, in accordance with Regulation (EC) No 891/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities for which import licence applications have been lodged under Regulation (EC) No 891/2009 from 1 to 7 July 2012 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
   2.   Submission of further applications for licences, which correspond to the order numbers indicated in the Annex, shall be suspended until the end of the marketing year 2011/2012.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 July 2012.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 254, 26.9.2009, p. 82.

      ANNEX

         CXL Concessions Sugar

         2011/2012 marketing year

         Applications lodged from 1.7.2012 to 7.7.2012

                  Order No

                  Country

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4317

                  Australia

                  —

                  Suspended

                  09.4318

                  Brazil

                  —

                  Suspended

                  09.4319

                  Cuba

                  —

                  Suspended

                  09.4320

                  Any third countries

                  —

                  Suspended

                  09.4321

                  India

                  9,090909

                  Suspended

                              —

                              Not applicable: no licence application has been sent to the Commission.

         Balkans Sugar

         2011/2012 marketing year

         Applications lodged from 1.7.2012 to 7.7.2012

                  Order No

                  Country

                  Allocation coefficient (%)

                  Further applications

                  09.4324

                  Albania

                  —

                  09.4325

                  Bosnia and Herzegovina

                      (1)

                  09.4326

                  Serbia

                      (1)

                  09.4327

                  Former Yugoslav Republic of Macedonia

                  —

                  09.4328

                  Croatia

                  —

                              —

                              Not applicable: no licence application has been sent to the Commission.

         Exceptional import sugar and industrial import sugar

         2011/2012 marketing year

         Applications lodged from 1.7.2012 to 7.7.2012

                  Order No

                  Type

                  Allocation coefficient
                  (%)

                  Further applications

                  09.4380

                  Exceptional

                  —

                  09.4390

                  Industrial

                  —

                              —

                              Not applicable: no licence application has been sent to the Commission.

         (1)  Not applicable: the applications do not exceed the quantities available and are fully granted.


title: Commission Implementing Regulation (EU) No 320/2013 of 8 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               9.4.2013

               EN

               Official Journal of the European Union

               L 99/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 320/2013
   of 8 April 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 April 2013.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  63,6

                  TN

                  101,8

                  TR

                  127,7

                  ZZ

                  97,7

                  0707 00 05

                  JO

                  194,1

                  MA

                  116,3

                  TR

                  137,2

                  ZZ

                  149,2

                  0709 93 10

                  MA

                  91,2

                  TR

                  120,7

                  ZZ

                  106,0

                  0805 10 20

                  EG

                  51,7

                  IL

                  71,8

                  MA

                  75,7

                  TN

                  65,6

                  TR

                  65,2

                  ZZ

                  66,0

                  0805 50 10

                  TR

                  74,3

                  ZZ

                  74,3

                  0808 10 80

                  AR

                  106,7

                  BR

                  93,9

                  CL

                  112,0

                  CN

                  78,6

                  MK

                  31,3

                  US

                  275,4

                  UY

                  106,8

                  ZA

                  113,1

                  ZZ

                  114,7

                  0808 30 90

                  AR

                  115,0

                  CL

                  134,2

                  CN

                  85,2

                  TR

                  204,5

                  US

                  182,0

                  ZA

                  118,6

                  ZZ

                  139,9

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


title: Commission Implementing Regulation (EU) No 954/2014 of 4 September 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Livarot (PDO))

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 954/2014
   of 4 September 2014
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Livarot (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Livarot’, registered under Commission Regulation (EC) No 1107/96 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Livarot’ (PDO) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 September 2014.

            For the Commission,

            On behalf of the President,

         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

      (3)  OJ C 125, 26.4.2014, p. 8.


title: Commission Implementing Regulation (EU) No 762/2012 of 24 July 2012 approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Langres (PDO)]

text:
               23.8.2012

               EN

               Official Journal of the European Union

               L 227/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 762/2012
   of 24 July 2012
   approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Langres (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)

               By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined France's application for the approval of amendments to the specification for the name ‘Langres’ registered under Commission Regulation (EC) No 1107/1996 (2).

               (2)

               Since the amendment in question is 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
                   (3) as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 July 2012.

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

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p.12.

      (2)  OJ L 148, 21.6.1996, p.1.

      (3)  OJ C 247, 25.8.2011, p.11.

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

         Class 1.3.   Cheeses

      FRANCE
      Langres (PDO)


title: Commission Implementing Regulation (EU) No 570/2014 of 26 May 2014 terminating the partial reopening of the anti-dumping investigation concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia

text:
               27.5.2014

               EN

               Official Journal of the European Union

               L 157/85

         COMMISSION IMPLEMENTING REGULATION (EU) No 570/2014
   of 26 May 2014
   terminating the partial reopening of the anti-dumping investigation concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9(4) thereof,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Implementing Regulation (EU) No 1138/2011 (2) imposed a definitive anti-dumping duty on imports of certain fatty alcohols and their blends (‘FOH’) originating in India, Indonesia and Malaysia (‘definitive Regulation’). The definitive Regulation was preceded by Commission Regulation (EU) No 446/2011 (3) imposing a provisional anti-dumping duty on imports of FOH originating in India, Indonesia and Malaysia (‘provisional Regulation’). The findings that led to the imposition of the definitive anti-dumping duties will be referred to as ‘the findings of the original investigation’.

               (2)

               On 21 January 2012, PT Ecogreen Oleochemicals, an Indonesian exporting producer of FOH, Ecogreen Oleochemicals (Singapore) Pte. Ltd and Ecogreen Oleochemicals GmbH (herein jointly referred to as ‘Ecogreen’) lodged an application (case T- 28/12) before the General Court for the annulment of the definitive Regulation as far as the anti-dumping duty with regard to Ecogreen was concerned. Ecogreen contested the adjustment made on the basis of Article 2(10)(i) of the basic Regulation to its export price for the purpose of comparing that export price with the company's normal value.

               (3)

               In case T-249/06 (Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) v. Council of the European Union), the General Court annulled Article 1 of Regulation (EC) No 954/2006 with regard to Interpipe NTRP VAT, inter alia, on the grounds of a manifest error of assessment in making the adjustment based on Article 2(10)(i) and with regard to Interpipe Niko Tube ZAT on other grounds. On 16 February 2012, the Court of Justice rejected the appeal lodged by the Council and the Commission (Joined Cases C-191/09 P and C-200/09 P).

               (4)

               Given that the factual circumstances for Ecogreen were similar to those of Interpipe NTRP VAT in respect of the adjustment made pursuant to Article 2(10)(i) of the basic Regulation, it was considered appropriate to re-calculate the dumping margin of Ecogreen without making an adjustment pursuant to Article 2(10)(i).

               (5)

               Council Implementing Regulation (EU) No 1241/2012 of 11 December 2012 amending Implementing Regulation (EU) No 1138/2011 imposing a definitive duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia (4) was therefore published on 21 December 2012, with retroactive application as from 12 November 2011 (‘amending Regulation’).

               (6)

               The dumping margin therein established for Ecogreen was de minimis in accordance with Article 9(3) of the basic Regulation. The investigation in respect of Ecogreen was therefore terminated without the imposition of measures. The General Court decided subsequently on 9 April 2013 that there was no need to adjudicate on the action brought in case T-28/12.

               (7)

               Although all the other exporting producers in India, Indonesia and Malaysia remained subject to anti-dumping duties, the findings of the original investigation in particular the injurious effects of the dumped imports should be reassessed in the light of the revised dumping findings contained in the amending Regulation.

         B.   REASSESSMENT OF THE FINDINGS OF THE ORIGINAL INVESTIGATION

   1.   Framework of the reassessment

               (8)

               A Notice concerning a partial reopening of the anti-dumping investigation concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia (‘countries concerned’) was published on 28 February 2013 (5) (‘reopening’). The notice mentioned that the reopening was limited in scope to the examination of the impact the newly established dumping margins may have on the findings relating in particular to injury and causation established in the original investigation (‘re-investigation’).

               (9)

               The Commission officially advised the exporting producers, the importers and users known to be concerned 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 be heard within the time limit set out in the notice.

               (10)

               Several parties argued that it was unclear on which legal basis the Commission reopened the original investigation and which data the Commission would collect to establish the facts and reach conclusions in the current re-investigation.

               (11)

               Parties also claimed that it was not clear what type of investigation was initiated and what the final outcome could be in the context of the level of the definitive measures, what period would be covered and which aspects of the original investigation were being reassessed.

               (12)

               It is recalled that this reopening is the necessary consequence of the adoption of the amending Regulation, which was itself the result of the findings of the General Court in case T-249/06 (Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) v. Council of the European Union.

               (13)

               It is recalled that in the original investigation the so-called investigation period (IP) was the period running from 1 July 2009 to 30 June 2010. The assessment of injury covered the period from 1 January 2007 up to the end of the IP and was referred to as ‘the period considered’.

               (14)

               The current re-investigation is focussing on the same IP and the same period considered. The findings reached for these periods during the original investigation as far as injury and causality are concerned are being re-assessed in the light of the newly established dumping margins for the Indonesian exporters in the amending Regulation.

               (15)

               More specifically, and as mentioned in the reopening notice, the aim of the current re-investigation is to determine whether the ‘de minimis’ dumping margin established for one exporting producer in Indonesia and the change in the level of the dumping margins for the other Indonesian companies established by the amending Regulation, may have any impact on the findings of the original investigation relating to injury and to causation.

               (16)

               The results of the re-investigation are set out below. As was the case in the original investigation, certain data and information is provided in indexed form in particular to preserve the confidentiality of data originally submitted.

         2.   Product concerned and like product

               (17)

               It is recalled that the product concerned is the one defined in the original investigation, namely, saturated fatty alcohols with a carbon chain length of C8, C10, C12, C14, C16 or C18 (not including branched isomers) including single saturated fatty alcohols (also referred to as ‘single cuts’) and blends predominantly containing a combination of carbon chain lengths C6-C8, C6-C10, C8-C10, C10-C12 (commonly categorised as C8-C10), blends predominantly containing a combination of carbon chain lengths C12-C14, C12-C16, C12-C18, C14-C16 (commonly categorised as C12-C14) and blends predominantly containing a combination of carbon chain lengths C16-C18, originating in India, Indonesia, and Malaysia, currently falling within CN codes ex 2905 16 85, 2905 17 00, ex 2905 19 00 and ex 3823 70 00 (‘fatty alcohol’).

               (18)

               The findings of the amending Regulation do not affect the findings set out in the original investigation concerning the product under consideration and the like product.

         3.   Dumping

               (19)

               As mentioned in recital (7) of the amending Regulation, the dumping margins for all companies in Indonesia, other than for the other exporting producer with an individual margin, which was based on that of the cooperating Indonesian exporting producer with the highest dumping margin, were revised to take account of the recalculated dumping margin of Ecogreen.

               (20)

               The dumping margins established in recital (23) of the definitive Regulation for Indian exporting producers and those established in recital (55) for Malaysian exporting producers were not affected by the amending Regulation.

               (21)

               As mentioned in recital (6) of the amending Regulation, the dumping margin for Ecogreen was established at less than 2 % and is therefore below the de minimis threshold foreseen in Article 9(3) of the basic Regulation. The imports into the Union made by this exporting producer should thus be considered as non-dumped imports in the re-investigation.

               (22)

               The volume, price and market share of the non-dumped imports made by the said Indonesian exporter developed as shown in the table below during the period considered. As mentioned in recital (16) above, data submitted is indexed.

                           Imports

                           2007

                           2008

                           2009

                           IP

                              Tonnes

                              Index: 2007 = 100

                              100

                              110

                              107

                              115

                           Annual Δ %

                           9,6

                           – 2,3

                           7,5

                              Market Share

                              Index: 2007 = 100

                              100

                              107

                              110

                              113

                           Annual Δ %

                           6,8

                           2,9

                           2,8

                              Average price EUR/tonne

                              Index: 2007 = 100

                              100

                              110

                              91

                              91

                           Annual Δ %

                           9,9

                           – 17,0

                           0,2

                              Source: Questionnaire replies.

               (23)

               With reference to the table shown in recital (70) of the provisional Regulation, which was confirmed by recital (64) of the definitive Regulation, and the above table, the investigation showed that the non-dumped imports represented a limited share of the total imports from the countries concerned and that they grew proportionally less than the dumped imports during the period considered. Indeed, the non-dumped imports represented around 15 %-18 % of the total volume of imports from the countries concerned in 2007 and only around 10 %-13 % during the IP.

               (24)

               The re-investigation shows that the average prices of the non-dumped imports from Ecogreen decreased by 9 % in the period considered but they remained stable between 2009 and the IP.

         4.   Injury

   4.1.   Union production and Union Industry

               (25)

               The findings set out in recitals (57) to (61) of the definitive Regulation regarding Union production and Union industry are not affected by the re-investigation and are hereby confirmed.

         4.2.   Union consumption

               (26)

               The findings set out in recitals (64) to (66) of the provisional Regulation which were confirmed by recital (62) of the definitive Regulation remain unaffected. It is confirmed that, as shown in the table below, Union consumption of fatty alcohol was fairly stable and increased only slightly by 2 % during the period considered. As mentioned in recital (64) of the provisional Regulation the information concerning consumption was provided in indexed form to preserve the confidentiality of data.

                           Consumption

                           2007

                           2008

                           2009

                           IP

                              Index: 2007 = 100

                              100

                              102

                              97

                              102

                           Annual Δ %

                           2,2

                           – 4,8

                           4,6

         4.3.   Imports into the Union from the countries concerned and price undercutting

   4.3.1.   Cumulative assessment of dumped imports

               (27)

               As was the case in the original investigation, it was examined whether or not a cumulative assessment of the dumped imports for the three countries concerned was still warranted in accordance with the provisions of Article 3(4) of the basic Regulation in view of the revised dumping margins for Indonesian exporting producers mentioned in recitals (19) and (21) above.

               (28)

               It is recalled that Article 3(4) of the basic Regulation states that where imports of a product from more than one country are simultaneously subject to anti-dumping investigations, the effects of such imports shall be cumulatively assessed only if it is determined that: (a) the margin of dumping established in relation to the imports from each country is more than de minimis as defined in Article 9(3) of that Regulation and that the volume of imports from each country is not negligible; and (b) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between imported products and the conditions of competition between the imported products and the like Union product.

               (29)

               The findings concerning the volumes and price of dumped imports for each of the countries concerned were reassessed for the period considered. The information relating to import volume used to establish the average prices mentioned in the table in recital (63) (b) of the definitive Regulation remain unchanged as far as Malaysia and India are concerned. The data relating to Indonesia was revised to take account of the fact that, as mentioned above in recital (21) above, one exporting producer was no longer considered to be dumping its products in the Union market. The newly established dumped imports developed as shown below. With reference to recital (16) above, the information concerning import volume is provided in indexed form for each of the countries concerned.

                           Import volume of dumped imports

                           2007

                           2008

                           2009

                           IP

                              Malaysia

                              Index: 2007 = 100

                              100

                              161

                              141

                              137

                           Annual Δ %

                           61,4

                           – 12,5

                           – 2,9

                              India

                              Index: 2007 = 100

                              100

                              118

                              104

                              143

                           Annual Δ %

                           18,2

                           – 11,8

                           37,5

                              Indonesia

                              Index: 2008 = 100

                              100

                              142

                              168

                           Annual Δ %

                           42,1

                           17,9

               (30)

               The investigation showed that the volume of dumped imports for each of the countries concerned was not negligible during the IP and that the presence of dumped imports in the Union market remained significant during the period considered and in particular during the IP. The fact that one of the Indonesian exporting producers was found by the amending Regulation not to be dumping does not change this conclusion.

               (31)

               The findings concerning the pricing of the dumped imports for each of the countries concerned were also reassessed for the period considered and are shown in the table below. The prices mentioned in the table in recital (63) (b) of the definitive Regulation remain unchanged as far as Malaysia and India are concerned. The data relating to Indonesia was revised to take account of the fact that, as mentioned above in recital (21), one exporting producer was not considered to be dumping its products in the Union market. With reference to recital (16) above the information concerning the price of the Indonesian exporter found to dump is provided in indexed form.

                           Imports based on Eurostat (adjusted to cover the product concerned and the dumped imports)

                           2007

                           2008

                           2009

                           IP

                              Average price in EUR/tonne Malaysia

                           911

                           944

                           799

                           857

                              Index: 2007 = 100

                              100

                              104

                              88

                              94

                           Annual Δ %

                           3,6

                           – 15,4

                           7,3

                              Average price in EUR/tonne India

                           997

                           1 141

                           897

                           915

                              Index: 2007 = 100

                              100

                              114

                              90

                              92

                           Annual Δ %

                           14,4

                           – 21,4

                           2,1

                              Average price in EUR/tonne Indonesia

                              Index: 2008 = 100

                              100

                              70

                              72

                           Annual Δ %

                           – 30,0

                           2,6

                              Source: Eurostat and Questionnaire replies.

               (32)

               The investigation showed that, except for 2007 when there were no imports from Indonesia, the pricing of Indonesian exporting producers remained almost the same as in the original investigation. Hence, the finding made in recital (63) (b) of the definitive Regulation that the pricing and the pricing behaviour of the countries concerned were largely similar in particular during the IP can be confirmed. The fact that one of the Indonesian exporting producers was found by the amending regulation not to be dumping does not change this conclusion.

               (33)

               Moreover, the findings made in recital (127) of the provisional Regulation and confirmed in recital (122) of the definitive Regulation and in particular that the injury elimination levels established for the countries concerned were significantly above the de minimis threshold of 2 % also remain valid. Also, the sales channels and the price trends for each of the countries concerned were analysed and found to be similar, as the table above shows. The import prices from the countries concerned followed a declining trend after the peak in 2008 and were on a global level particularly low compared to the average Union industry's prices as the investigation showed.

               (34)

               The table below shows that the market share of dumped imports from each country concerned overall increased during the period considered. With reference to recital (16) above, the information is provided in indexed form.

                           Market share of dumped imports

                           2007

                           2008

                           2009

                           IP

                              Malaysia

                              Index: 2007 = 100

                              100

                              157

                              145

                              135

                           Annual Δ %

                           57

                           – 8

                           – 7

                              India

                              Index: 2007 = 100

                              100

                              115

                              107

                              141

                           Annual Δ %

                           15

                           – 7

                           31

                              Indonesia

                              Index: 2008 = 100

                              100

                              142

                              168

                           Annual Δ %

                           50

                           13

               (35)

               Based on the above facts and considerations, the re-investigation shows that the findings made in the original investigation concerning cumulation remain unchanged. It is thus considered that the conditions set forth in Article 3(4) of the basic Regulation concerning the cumulative assessment of the dumped imports from the countries concerned continue to be met. The effects of the dumped imports originating in the countries concerned can thus be assessed jointly for the purpose of the re-investigation of injury and causality.

         4.3.2.   Volume, price and market share of dumped imports

               (36)

               In order to establish the cumulative level of dumped imports into the Union market during the period considered, account is taken of the fact that the amending Regulation confirmed the positive findings of dumping for all the exporting producers in Indonesia with the exception of Ecogreen. Their exports are considered to be dumped and thus remain subject to anti-dumping duties.

               (37)

               Similarly, the re-investigation takes account of the fact that the dumping margins established in the original investigation for all exporting producers in India and Malaysia remain unchanged, and that their imports are considered to be dumped and remain subject to anti-dumping duties.

               (38)

               The volume of dumped imports from the countries concerned has been adjusted by deducting the volume of the non-dumped imports from one Indonesian exporting producer, as referred to in recital (29) above.

               (39)

               Based on the above, the data mentioned in recital (70) of the provisional Regulation, and confirmed by recital (64) of the definitive Regulation, and the findings contained in recitals (71) to (73) of the provisional Regulation concerning the assessment of the dumped imports during the period considered, as confirmed by recital (65) of the definitive Regulation, are revised as shown below. With reference to recital (16) above, the information concerning total import volumes and market share of dumped imports is provided in indexed form.

                           Dumped Imports from the countries concerned

                           2007

                           2008

                           2009

                           IP

                              Tonnes

                              Index: 2007 = 100

                              100

                              167

                              155

                              165

                           Annual Δ %

                           67,0

                           – 7,3

                           6,5

                              Market share

                              Index: 2007 = 100

                              100

                              163

                              159

                              162

                           Annual Δ %

                           62,7

                           – 2,3

                           1,8

                              Average price EUR/tonne dumped imports

                           931

                           1 007

                           827

                           878

                              Index: 2007 = 100

                              100

                              108

                              89

                              94

                           Annual Δ %

                           8,2

                           – 17,9

                           6,1

                              Source: Eurostat and Questionnaire replies.

               (40)

               The volume of dumped imports from the countries concerned established in the current re-investigation increased significantly by 65 % during the period considered. The biggest increase took place between 2007 and 2008 when imports increased by 67 %. Imports then decreased slightly in 2009 to increase again almost to the 2008 level during the IP.

               (41)

               The revised average prices of dumped imports from the countries concerned fluctuated heavily during the period considered, reflecting an overall 6 % decrease. But it is noteworthy that between 2008 and the IP the rate of decrease was as high as 14 %. Throughout the period considered, average prices of the imports from the countries concerned were always lower than those set by the rest of the world and were undercutting those of the Union Industry, thus resulting in an increase in the market share of the dumped imports.

               (42)

               The market share of the dumped imports from the countries concerned increased significantly, by 62 %, during the period considered. The biggest increase took place between 2007 and 2008. There was a slight decrease of imports during the economic crisis, which slightly reduced the market share of the countries concerned by 4 %, between 2008 and 2009, but then they regained market share by the end of the period considered.

               (43)

               The exclusion of non-dumped imports from Ecogreen does therefore not alter in any way the findings made in the original investigation regarding volume, price and market share of dumped imports, which are therefore confirmed.

         4.3.3.   Price Undercutting

               (44)

               It is recalled that the ranges concerning the price undercutting found in the original investigation were explained in recitals (74) and (75) of the provisional Regulation and confirmed in recital (67) of the definitive Regulation. The individual calculations established for each of the exporters concerned were not affected by the amending Regulation. These findings are therefore confirmed.

               (45)

               The average undercutting found for the dumped imports cumulatively assessed for three countries together after exclusion of the non-dumped imports is 2 %. This apparently low undercutting has to be seen in the light of the fact that the Union industry saw itself forced to lower its prices due to the presence of the low priced imports on the EU market. These prices were however not covering the cost of production in particular during the IP. The average underselling for the cumulatively assessed dumped imports, Ecogreen excluded, was 22 %.

               (46)

               In reaction to the disclosure of the Commission's findings, an importer of FOH originating in Indonesia claimed the average price of the non-dumped imports would be lower than the average price of the imports produced by the Indonesian exporting producer remaining under measures. However, that claim does not affect the finding of price undercutting for the dumped imports cumulatively assessed.

         4.4.   Economic situation of the Union Industry

               (47)

               The findings made in recitals (76) to (91) of the provisional Regulation and confirmed in recitals (71) to (84) of the definitive Regulation concerning the economic situation of the Union industry are not affected by the amending Regulation and can therefore be confirmed.

               (48)

               It is recalled that the original investigation showed that most of the injury indicators pertaining to the Union industry such as production (– 17 %), capacity utilization (– 15 %), sales volume (– 18 %), market share (– 12 %) and employment (– 13 %) deteriorated during the period considered. In particular the injury indicators relating to the financial performance of the Union industry such as cash flow and profitability were seriously affected. This means that the ability of the Union industry to raise capital was undermined, in particular during the IP.

               (49)

               In the light of the foregoing, the conclusion that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation is confirmed.

         5.   Causation

               (50)

               Further to the confirmation of the existence of material injury suffered by the Union industry it has been reassessed whether there is still a causal link between the said injury following the revised findings for dumping as established in the amending Regulation and the revised dumped imports from the countries concerned.

         5.1.   Effect of the dumped imports

               (51)

               As shown in recital (26) above, consumption in the Union was fairly stable and only increased by 2 % during the period considered.

               (52)

               The table in recital (39) above, which excludes the imports made by the Indonesian exporter found by the amending Regulation not to have dumped its products on the Union market, shows that the revised volume of dumped imports from the three countries concerned remained important and increased significantly by over 60 000 tonnes in absolute terms and by over 60 % in relative terms during the period considered. Likewise, the market share held by the dumped imports increased significantly and gained more than 5 percentage points during that period.

               (53)

               These trends are very similar to those established in the original investigation and in particular in recitals (86) to (94) of the definitive Regulation. The increase in market share, which was established at 57 % in the original investigation, is now for the period considered to be more than 60 % with the revised data.

               (54)

               Indeed, the re-investigation confirmed that the dumped imports from the countries concerned exerted pressure on the Union industry, starting from the year 2008, when these imports grew by 67 %. In that year, the prices of dumped imports, as shown in recital (39), were much lower than the Union industry's prices. This resulted in a significant loss in sales volume (– 15,4 %) and market share for the Union industry, which they could never regain in the remainder of the period considered. At the same time, the dumped imports from the countries concerned increased their market share by over 9 percentage points.

               (55)

               It was shown in recital (72) of the definitive Regulation that in order to respond to this pressure, the Union industry had to significantly reduce its sales prices by 16,9 % in 2009 and even had to further decrease them by 5,3 % during the IP. Even if this price behaviour allowed the Union industry to limit the loss in market share, it led to significant losses accumulated during the period considered, as illustrated in recital (86) of the provisional regulation, and confirmed in recital (78) of the definitive regulation. This situation coincided with the presence of large volumes of low-priced dumped imports in the Union market in particular during the IP.

               (56)

               In 2009, although the absolute volume of dumped imports from the countries concerned decreased by 7,3 %, in line with the economic downturn and the contraction in the EU market, it is observed that the average price of the dumped imports decreased by 17,9 %, thus more than the 16,9 % reduction in the Union industry's price. During the IP, the Union industry had to decrease its prices and accumulated financial losses.

               (57)

               The above considerations show the severe consequences the presence of large volumes of low-priced dumped imports in the Union market had on the pricing behaviour of the Union industry on its core market and the negative impact it had on its economic situation in particular during the IP.

               (58)

               The above mentioned importer claimed that in the analysis of the causal link, the remaining dumped Indonesian imports should be decumulated from the imports originating in India and Malaysia, on the basis of factors such as the stable market share, the higher price level, the lack of undercutting, the lower underselling margin of those Indonesian imports and the parallel evolution of the Indonesian and Union industry market shares. The importer further claimed that no causal link existed between the injury and the dumped Indonesian imports, once decumulated.

               (59)

               The claim was rejected because the factors raised by the importer, sometimes on a selective basis, are not those considered relevant under Article 3(4) of the basic Regulation to determine whether or not cumulation should be applied, in particular as concerns the conditions of competition between imported products and the like Union products. Indeed, the original investigation concluded that the product concerned is an intermediary commodity product mainly used as input for the production of fatty alcohol sulphates, ethoxylates and ether sulphates, and that the imported product competes directly with the Union produced product, regardless of the country of origin. The uniformity of the competition on the Union market therefore warrants the cumulative assessment of imports in the sense of Article 3(4)(b) of the basic Regulation. The arguments of the importer do not address this finding, and could only become relevant once decumulation applies. Given that there is no basis to amend the findings of the original investigation on cumulation, the analysis of the effects of the dumped imports is confirmed.

               (60)

               In addition, it should be noted that the remaining Indonesian imports were made at dumped price levels, they increased strongly their market share over the period concerned and they were underselling the Union industry's sales prices.

               (61)

               Finally, the importer mentioned that Ecogreen was underselling more than the remaining Indonesian exporting producer and that therefore, because Ecogreen's imports are considered to have a negligible impact, the same conclusion should apply a fortiori to the remaining Indonesian imports.

               (62)

               This conclusion is based on a wrong premiss. The Court ruling caused a change in the dumping calculation of Ecogreen, which then became de minimis. It is only for that reason that the impact of Ecogreen's imports had to be considered negligible. The claim is therefore rejected.

               (63)

               Based on the above findings it is concluded that the dumped imports caused material injury to the Union industry.

         5.2.   Effect of other factors

               (64)

               The effect of other factors on the situation of the Union industry in the context of causality was likewise re-examined.

         5.2.1.   Non-dumped Imports from Indonesia

               (65)

               As mentioned in recital (23) above, the non-dumped imports grew proportionally less than the dumped imports and only represented a limited share of the total imports from the countries concerned during the IP. In addition, the investigation also showed that these imports only had a modest market share during the period considered and in particular during the IP.

               (66)

               The volume of dumped imports increased by 6,5 % between 2009 and the IP, namely more than the market recovery illustrated by the 4,6 % increase in the Union consumption, and thus gained market share.

               (67)

               It is thus considered that any impact the non-dumped imports may have had on the Union market during the IP cannot outweigh the significant negative impact of the dumped imports described in details in recitals (51) to (57).

               (68)

               Based on the above findings, it is considered that the presence of non-dumped imports from Ecogreen in the Union market during the IP is not such as to break the causal link between the dumped imports and the injury suffered by the Union industry during the IP.

         5.2.2.   Other factors examined in the original investigation

               (69)

               In the original investigation, the other factors examined in the context of the potential causes of the material injury suffered by the Union industry were: the imports into the Union from the rest of the world, the export performance of the Union industry, the impact of the economic crisis and the sales of the branched isomers which are not covered by the product scope.

               (70)

               Given that these factors are not affected by the revised dumping margins established for the Indonesian exporting producers, the findings and conclusion reached in recitals (95) to (100) of the definitive Regulation with regard to these factors are confirmed. The impact of these factors is not such as to break the causal link established between the dumped imports and the injury suffered by the Union industry.

         5.3.   Conclusion on causation

               (71)

               The current re-investigation shows that there is still a clear and direct link between the increase in volume and the negative price effect of dumped imports and the material injury suffered by the Union industry during the IP.

               (72)

               The above analysis shows that the volume of non-dumped imports was limited compared to the bulk of dumped products imported from the countries concerned. In a context of fairly stable consumption, these dumped imports increased significantly both in absolute and in relative terms during the period considered and their presence had a considerable negative impact on the Union market. Indeed, it was observed that, because of the distortion created in the market, the Union industry had to significantly reduce its prices by 22,2 % as from 2008, and could not cover its costs and achieve a reasonable amount of profit in particular during the IP.

               (73)

               The re-investigation also confirmed that the effects of other factors than dumped imports could not break the causal link between the dumped imports and the injury suffered by the Union industry.

               (74)

               Consequently, the re-investigation shows that there is a causal link between the dumped imports from India, Indonesia and Malaysia and the material injury suffered by the Union industry during the IP. The conclusions reached in recitals (101) and (102) of the definitive Regulation are hereby confirmed.

         6.   Union interest

               (75)

               The conclusion reached in recital (118) of the definitive Regulation with regard to the Union interest have not been shown to be affected by the amending Regulation and are hereby confirmed.

         C.   REASSESSMENT OF THE DEFINITIVE MEASURES

               (76)

               As shown above, the re-investigation of the relevant facts and findings established in the original investigation taking account of the new dumping margins as established in the amending Regulation showed that the remaining dumped imports from India, Indonesia and Malaysia into the Union market are causing material injury to the Union industry during the IP.

               (77)

               In view of the conclusions reached in the original investigation with regard to dumping, injury, causation and Union interest and given that the current re-investigation confirmed the existence of a causal link between the material injury suffered by the Union industry and the remaining dumped imports from the countries concerned, the definitive measures imposed by the amending Regulation should be confirmed at the same level. As a consequence, it is concluded that this re-investigation should be terminated without amending the definitive measures as imposed by the definitive Regulation.

               (78)

               The anti-dumping measures in force, as established in Council Implementing Regulation (EU) No 1138/2011 and amended by Council Implementing Regulation (EU) No 1241/2012 remain valid and should therefore stay in force. It is recalled that the measures imposed were specific duties and were established for each exporting producer concerned as follows:

                           Country

                           Company

                           Definitive specific AD duty
                           (EUR per tonne net)

                           India

                           VVF (India) Ltd

                           46,98

                           All other companies

                           86,99

                           Indonesia

                           P.T.Ecogreen Oleochemicals

                           0,00

                           P.T. Musim Mas

                           45,63

                           All other companies

                           45,63

                           Malaysia

                           KL-Kepong Oleomas Sdn.Bhd.

                           35,19

                           Emery Oleochemicals (M) Sdn. Bhd.

                           61,01

                           Fatty Chemical Malaysia Sdn. Bhd

                           51,07

                           All other companies

                           61,01

               (79)

               The authorities of the countries concerned, the exporters and their associations, all interested parties in the Union, in particular the Union industry, importers, users' and traders' associations, were informed of the essential facts and considerations on the basis of which it was intended to terminate the partial reopening of the anti-dumping re-investigation concerning imports of fatty alcohol from countries concerned and were given an opportunity to comment and to be heard. The oral and written comments submitted by these parties were considered but have not altered the conclusions reached in this Regulation.

               (80)

               One exporting producer offered a price undertaking in accordance with Article 8(1) of the basic Regulation.

               (81)

               It was found in particular that the exporting producer in question produces a range of products apart from the product concerned and sells these other products to the same clients. This would create a serious risk of cross-compensation and would render the effective monitoring of the undertaking extremely difficult, undermining the effectiveness of a price undertaking in the current case. On that basis, the Commission concluded that the undertaking offer cannot be accepted.

               (82)

               The measures provided in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The partial reopening of the anti-dumping investigation concerning imports of saturated fatty alcohols with a carbon chain length of C8, C10, C12, C14, C16 or C18 (not including branched isomers) including single saturated fatty alcohols (also referred to as ‘single cuts’) and blends predominantly containing a combination of carbon chain lengths C6-C8, C6-C10, C8- C10, C10-C12 (commonly categorised as C8-C10), blends predominantly containing a combination of carbon chain lengths C12-C14, C12-C16, C12-C18, C14-C16 (commonly categorised as C12-C14) and blends predominantly containing a combination of carbon chain lengths C16-C18, currently falling within CN codes ex 2905 16 85, 2905 17 00, ex 2905 19 00 and ex 3823 70 00 (TARIC codes 2905168510, 2905190060, 3823700011 and 3823700091) and originating in India, Indonesia, and Malaysia is hereby terminated without amending the duties in force.
   Article 2
   This regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 May 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 293, 11.11.2011, p. 1.

      (3)  OJ L 122, 11.5.2011, p. 47.

      (4)  OJ L 352, 21.12.2012, p. 1.

      (5)  OJ C 58, 28.2.2013, p. 24.


title: Commission Implementing Regulation (EU) 2017/765 of 2 May 2017 approving non-minor amendments to the specification for a name entered in the register of traditional specialities guaranteed (Ovčí salašnícky údený syr (TSG))

text:
               3.5.2017

               EN

               Official Journal of the European Union

               L 114/23

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/765
   of 2 May 2017
   approving non-minor amendments to the specification for a name entered in the register of traditional specialities guaranteed (Ovčí salašnícky údený syr (TSG))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Slovakia's application for the approval of amendments to the specification for the traditional speciality guaranteed ‘Ovčí salašnícky údený syr’, registered under Commission Regulation (EU) No 930/2010 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(b) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Ovčí salašnícky údený syr’ (TSG) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 May 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EU) No 930/2010 of 18 October 2010 entering a name in the register of traditional specialities guaranteed [Ovčí salašnícky údený syr (TSG)] (OJ L 273, 19.10.2010, p. 5).

      (3)  OJ C 388, 21.10.2016, p. 10.