title: Commission Implementing Regulation (EU) 2019/464 of 21 March 2019 initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 412/2013 on imports of ceramic tableware and kitchenware originating in the People's Republic of China, and making such imports subject to registration

text:
                  22.3.2019

                  EN

                  Official Journal of the European Union

                  L 80/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/464
         of 21 March 2019
         initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 412/2013 on imports of ceramic tableware and kitchenware originating in the People's Republic of China, and making such imports subject to registration
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council on protection against dumped imports from countries not members of the European Union (1) and in particular Articles 13(3) and 14(5) thereof,
         After having informed the Member States,
         Whereas:
         A.   EX-OFFICIO INVESTIGATION

                     (1)

                     The European Commission (‘the Commission’) has decided on its own initiative, pursuant to Articles 13(3) and 14(5) of Regulation (EU) 2016/1036 (‘the basic Regulation’), to investigate the possible circumvention of the anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China and to make such imports subject to registration.

               B.   PRODUCT

                     (2)

                     The product concerned by the possible circumvention is ceramic tableware and kitchenware, excluding ceramic condiment or spice mills and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling under CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People's Republic of China (‘the product concerned’).

                     (3)

                     The product under investigation is the same as that defined in the previous recital, currently falling under the same codes as the product concerned, imported under the TARIC additional codes listed in Annex (‘the product under investigation’).

               C.   EXISTING MEASURES

                     (4)

                     The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation (EU) No 412/2013 (2), as amended by Commission Implementing Regulation (EU) 2017/1932 (3) (‘the existing measures’).

               D.   GROUNDS

                     (5)

                     The Commission has at its disposal sufficient evidence that there is a reorganisation of patterns and channels of sales of the product concerned.

                     (6)

                     Indicators for such channelling practices are a sharp rise or fall in the export statistics of certain companies, when comparing the figures and trends between 2014 and 2018. Moreover, in some cases, the actual exports from certain companies exceed their declared production. Finally, the Commission has been informed about ongoing customs authorities' investigations on the misuse of company specific TARIC codes.

                     (7)

                     It appears from these indicators that certain companies currently subject to the residual duty rate of 36,1 % (TARIC additional code B999) or companies subject to an individual duty rate are selling their products via other companies which are subject to a lower duty. A list of companies possibly involved in such practices is attached in Annex.

                     (8)

                     These channelling practices resulted in a change in the pattern of trade regarding exports from the People's Republic of China following the imposition of measures on the product concerned, without sufficient due cause or justification other than the imposition of the duty.

                     (9)

                     Furthermore, the evidence points to the fact that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantities and prices. The volumes of imports of the product under investigation have increased significantly. In addition, there is sufficient evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

                     (10)

                     Finally, the Commission has sufficient evidence at its disposal that the prices of product under investigation are dumped in relation to the normal value previously established for the product concerned.

                     (11)

                     Should circumvention practices covered by Article 13 of the basic Regulation, other than the ones mentioned above, be identified in the course of the investigation, the investigation may also cover these practices.

               E.   PROCEDURE

                     (12)

                     In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the products under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.

               (a)   Questionnaires

                     (13)

                     In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the Chinese exporting producers listed in Annex.

                     (14)

                     In any event, all interested parties should contact the Commission forthwith, but not later than the time-limit set in Article 3(1) of this Regulation. The time-limit set in Article 3(2) of this Regulation applies to all interested parties.

                     (15)

                     The authorities of the People's Republic of China will be notified of the initiation of the investigation.

               (b)   Collection of information and holding of hearings

                     (16)

                     All interested parties including the Union industry, importers and any relevant association are invited to make their views known in writing and to provide supporting evidence provided that such submissions are made within the deadline provided for in Article 3(2). Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

               F.   REGISTRATION

                     (17)

                     Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.

                     (18)

                     Any future liability would emanate from the findings of the investigation. With the information available at this stage, in particular the indicators that certain companies currently subject to the residual duty of 36,1 % (TARIC additional code B999) or companies subject to an individual duty rate are selling their products via other companies which are subject to a lower duty, the amount of possible future liability is set at the level of the residual duty, namely 36,1 % ad valorem on the CIF import value of the product under investigation, imported under the TARIC additional codes listed in Annex of this Regulation.

               G.   TIME-LIMITS

                     (19)

                     In the interest of sound administration, time-limits should be stated within which:

                                 —

                                 interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,

                                 —

                                 interested parties may make a written request to be heard by the Commission.

                     (20)

                     Attention is drawn to the fact that the exercise of procedural rights set out in the basic Regulation depends on the party's making itself known within the time-limits laid down in Article 3 of this Regulation.

               H.   NON-COOPERATION

                     (21)

                     If any interested party refuses access to or does not provide the necessary information within the time-limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available in accordance with Article 18 of the basic Regulation.

                     (22)

                     Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available in accordance with Article 18 of the basic Regulation.

                     (23)

                     If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               I.   SCHEDULE OF THE INVESTIGATION

                     (24)

                     The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of entry into force of this Regulation.

               J.   PROCESSING OF PERSONAL DATA

                     (25)

                     It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (4).

               K.   HEARING OFFICER

                     (26)

                     Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

                     (27)

                     The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties' rights of defence are being fully exercised.

                     (28)

                     A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.

                     (29)

                     Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in Article 3 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

                     (30)

                     For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/,

               HAS ADOPTED THIS REGULATION:

            Article 1
            An investigation is initiated pursuant to Article 13(3) of Regulation (EU) 2016/1036, in order to determine if imports into the Union of ceramic tableware and kitchenware, excluding ceramic condiment or spice mills and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling under CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People's Republic of China, imported under the TARIC additional codes listed in Annex, are circumventing the measures imposed by Council Implementing Regulation (EU) (No) 412/2013.

            Article 2
            The Customs authorities shall, pursuant to Article 13(3) and Article 14(5) of Regulation (EU) 2016/1036, take the appropriate steps to register the imports into the Union declared under the TARIC additional codes listed in Annex of this Regulation.
            Registration shall expire nine months following the date of entry into force of this Regulation.

            Article 3

               1.   Interested parties must make themselves known by contacting the Commission within 15 days from the date of entry into force of this Regulation.

               2.   Interested parties, if their representations are to be taken into account during the investigation, must present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

               3.   Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.

               4.   Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing (a) the Commission to use the information and data for the purpose of this trade defence proceeding and (b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.

               5.   All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (5). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

               6.   Parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

               7.   If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

               8.   Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-R or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
               Commission address for correspondence:

                           European Commission

                           Directorate-General for Trade

                           Directorate H

                           Office: CHAR 04/039

                           1049 Brussels

                           BELGIUM

                           E-mail: TRADE-R700@ec.europa.eu

            Article 4
            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, 21 March 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ L 131, 15.5.2013, p.1).

            (3)  Commission Implementing Regulation (EU) 2017/1932 of 23 October 2017 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ L 273, 24.10.2017, p.4).

            (4)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

            (5)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Regulation (EU) No 2016/1036 of the European Parliament and the Council (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

            ANNEX

                        TARIC Additional Code

                        Company Name

                        Current duty rate (%)

                        B351

                        CHL Porcelain Industries Ltd

                        23,4

                        B353

                        Guangxi Province Beiliu City Laotian Ceramics Co., Ltd

                        22,9

                        B359

                        Beiliu Changlong Ceramics Co., Ltd

                        17,9

                        B360

                        Beiliu Chengda Ceramic Co., Ltd

                        17,9

                        B362

                        Beiliu Jiasheng Porcelain Co., Ltd

                        17,9

                        B383

                        Chaozhou Chengxi Jijie Art & Craft Painted Porcelain Fty.

                        17,9

                        B437

                        Guangdong Jinqiangyi Ceramics Co., Ltd

                        17,9

                        B446

                        Chaozhou Lianjun Ceramics Co., Ltd

                        17,9

                        B454

                        Chaozhou New Power Co., Ltd

                        17,9

                        B484

                        Chaozhou Xinde Ceramics Craft Factory

                        17,9

                        B492

                        Chaozhou Yaran Ceramics Craft Making Co., Ltd

                        17,9

                        B508

                        Dehua Kaiyuan Porcelain Industry Co., Ltd

                        17,9

                        B511

                        Dongguan Kennex Ceramic Ltd

                        17,9

                        B514

                        Evershine Fine China Co., Ltd

                        17,9

                        B517

                        Far East (Boluo) Ceramics Factory Co., Ltd

                        17,9

                        B519

                        Fengfeng Mining District Yuhang Ceramic Co. Ltd (‘Yuhang’)

                        17,9

                        B543

                        Fujian Dehua Rongxin Ceramic Co., Ltd

                        17,9

                        B548

                        Fujian Dehua Xingye Ceramic Co., Ltd

                        17,9

                        B549

                        Fujian Dehua Yonghuang Ceramic Co., Ltd

                        17,9

                        B554

                        Fujian Jackson Arts and Crafts Co., Ltd

                        17,9

                        B556

                        Profit Cultural & Creative Group Corporation

                        17,9

                        B560

                        Fujian Quanzhou Shunmei Group Co., Ltd

                        17,9

                        B579

                        Guangxi Beiliu Guixin Porcelain Co., Ltd

                        17,9

                        B583

                        Guangxi Beiliu Rili Porcelain Co.,Ltd

                        17,9

                        B592

                        Hebei Dersun Ceramic Co., Ltd

                        17,9

                        B599

                        Hunan Fungdeli Ceramics Co., Ltd

                        17,9

                        B602

                        Hunan Huawei China Industry Co., Ltd

                        17,9

                        B610

                        Hunan Wing Star Ceramic Co., Ltd

                        17,9

                        B619

                        Joyye Arts & Crafts Co., Ltd

                        17,9

                        B627

                        Liling GuanQian Ceramic Manufacture Co., Ltd

                        17,9

                        B635

                        Liling Liuxingtan Ceramics Co., Ltd

                        17,9

                        B639

                        Liling Rongxiang Ceramic Co., Ltd

                        17,9

                        B641

                        Liling Santang Ceramics Manufacturing Co., Ltd

                        17,9

                        B645

                        Liling Top Collection Industrial Co., Ltd

                        17,9

                        B656

                        Meizhou Gaoyu Ceramics Co., Ltd

                        17,9

                        B678

                        Ronghui Ceramic Co., Ltd Liling Hunan China

                        17,9

                        B682

                        Shandong Zhaoding Porcelain Co., Ltd

                        17,9

                        B687

                        Shenzhen Donglin Industry Co., Ltd

                        17,9

                        B692

                        Shenzhen Fuxingjiayun Ceramics Co., Ltd

                        17,9

                        B693

                        Shenzhen Good-Always Imp. & Exp. Co. Ltd

                        17,9

                        B712

                        Tangshan Daxin Ceramics Co., Ltd

                        17,9

                        B724

                        Tangshan Redrose Porcelain Products Co., Ltd

                        17,9

                        B742

                        Xuchang Jianxing Porcelain Products Co., Ltd

                        17,9

                        B751

                        Yuzhou Huixiang Ceramics Co., Ltd

                        17,9

                        B752

                        Yuzhou Ruilong Ceramics Co., Ltd

                        17,9

                        B756

                        Zibo Boshan Shantou Ceramic Factory

                        17,9

                        B759

                        Zibo Fuxin Porcelain Co., Ltd

                        17,9

                        B762

                        Zibo Jinxin Light Industrial Products Co., Ltd

                        17,9

                        B956

                        Liling Taiyu Porcelain Industries Co., Ltd

                        17,9

                        B957

                        Liling Xinyi Ceramics Industry Ltd

                        17,9


title: Commission Implementing Regulation (EU) 2019/465 of 21 March 2019 on the minimum selling price for skimmed milk powder for the 34th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
                  22.3.2019

                  EN

                  Official Journal of the European Union

                  L 80/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/465
         of 21 March 2019
         on the minimum selling price for skimmed milk powder for the 34th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
         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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

                     (2)

                     In the light of the tenders received for the 34th partial invitation to tender, a minimum selling price should be fixed.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the 34th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 19 March 2019, the minimum selling price shall be 164,10 EUR/100 kg.

            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, 21 March 2019.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 206, 30.7.2016, p. 71.

            (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2019/574 of 4 April 2019 entering a name in the register of protected designations of origin and protected geographical indications ‘Paška sol’ (PDO)

text:
                  11.4.2019

                  EN

                  Official Journal of the European Union

                  L 100/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/574
         of 4 April 2019
         entering a name in the register of protected designations of origin and protected geographical indications ‘Paška sol’ (PDO)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia's application to register the name ‘Paška sol’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Paška sol’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Paška sol’ (PDO) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 2.6. — salt, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 4 April 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 449, 13.12.2018, p. 17.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2019/575 of 4 April 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Cebreros’ (PDO)

text:
                  11.4.2019

                  EN

                  Official Journal of the European Union

                  L 100/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/575
         of 4 April 2019
         conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Cebreros’ (PDO)
         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 99 thereof,
         Whereas:

                     (1)

                     In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Cebreros’ sent by Spain and has published it in the Official Journal of the European Union (2).

                     (2)

                     No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

                     (3)

                     In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Cebreros’ should be protected and entered in the register referred to in Article 104 of that Regulation.

                     (4)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Cebreros’ (PDO) is hereby protected.

            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 April 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  OJ C 438, 5.12.2018, p. 2.


title: Commission Implementing Regulation (EU) 2019/716 of 30 April 2019 amending Implementing Regulations (EU) No 22/2013 and (EU) No 540/2011 as regards the conditions of approval of the active substance cyflumetofen (Text with EEA relevance.)

text:
                  10.5.2019

                  EN

                  Official Journal of the European Union

                  L 122/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/716
         of 30 April 2019
         amending Implementing Regulations (EU) No 22/2013 and (EU) No 540/2011 as regards the conditions of approval of the active substance cyflumetofen
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the second alternative of Article 21(3) and Article 78(2) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) No 22/2013 (2) provides for the approval of the active substance cyflumetofen and the resulting insertion of cyflumetofen in the Annex to Commission Implementing Regulation (EU) No 540/2011 (3). Implementing Regulation (EU) No 22/2013 also provides for the submission of further confirmatory information on the mutagenic potential of metabolite B3 and the dietary exposure thereof and on the risk from cyflumetofen to aquatic vertebrates.

                     (2)

                     The applicant submitted additional information with a view to rule out the mutagenic potential of metabolite B3 and to confirm an acceptable risk for aquatic vertebrates.

                     (3)

                     The Netherlands assessed the additional information submitted by the applicant. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission, and the European Food Safety Authority (‘the Authority’) on 6 October 2015.

                     (4)

                     The Member States, the applicant and the Authority were consulted and asked to provide comments on the assessment of the rapporteur Member State. The Authority published a Technical Report (4) summarising the outcome of this consultation for cyflumetofen on 25 February 2016.

                     (5)

                     The Commission further consulted the Authority in relation to the assessment of metabolite B3. The Authority published its Conclusion (5) on the assessment of the additional information on 5 December 2016.

                     (6)

                     The Authority considered that according to the additional information provided by the applicant, an acceptable risk to aquatic vertebrates is confirmed on a life-cycle basis. Point (c) in the Annex to Implementing Regulation (EU) No 22/2013 should hence be considered addressed. However, concerning metabolite B3, a genotoxic potential could not be excluded from the additional data submitted in accordance with points (a) and (b) of the Annex to Implementing Regulation (EU) No 22/2013.

                     (7)

                     The draft assessment report, the addendum and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on Plants, Animals, Food and Feed and finalised on 22 March 2019 in the format of the Commission review report for cyflumetofen.

                     (8)

                     The applicant was given the possibility to submit comments on the updated review report.

                     (9)

                     The Commission has concluded that the additional information provided is not sufficient to exclude the genotoxic potential of metabolite B3 and that the conditions of approval set out in the Annex to Implementing Regulation (EU) No 540/2011 should be restricted to ensure that the use of products containing cyflumetofen is acceptable, in particular concerning the exposure of groundwater to metabolite B3.

                     (10)

                     Therefore in accordance with Article 21(3) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof, it is necessary and appropriate to restrict the approval of cyflumetofen.

                     (11)

                     Implementing Regulations (EU) No 22/2013 and (EU) No 540/2011 should therefore be amended accordingly.

                     (12)

                     Member States should be provided with time to amend or withdraw authorisations for plant protection products containing cyflumetofen which are not complying with the restricted conditions of approval.

                     (13)

                     For plant protection products containing cyflumetofen, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 12 months after the entry into force of this Regulation.

                     (14)

                     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
            Amendment to Implementing Regulation (EU) No 22/2013
            Annex I to Implementing Regulation (EU) No 22/2013 is amended in accordance with Annex I to this Regulation.

            Article 2
            Amendment to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex II to this Regulation.

            Article 3
            Transitional measures
            Member States shall, where necessary, withdraw or amend authorisations for plant protection products containing cyflumetofen as active substance by 30 November 2019 at the latest.

            Article 4
            Grace period
            Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 30 May 2020 at the latest.

            Article 5
            Entry into force
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 30 April 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 22/2013 of 15 January 2013 approving the active substance cyflumetofen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 11, 16.1.2013, p. 8).

            (3)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (4)  EFSA (European Food Safety Authority), 2016. Technical report on the outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment for cyflumetofen in light of confirmatory data. EFSA supporting publication 2016:EN-997. 25 pp.

            (5)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment for the active substance cyﬂumetofen in light of conﬁrmatory data. EFSA Journal 2016;14(12):4635, 20 pp. doi:10.2903/j.efsa.2016.4635.

            ANNEX I
            In Annex I to Implementing Regulation (EU) No 22/2013, the column ‘Specific provisions’ is replaced by the following:
            ‘Plant protection products containing cyflumetofen shall only be authorised for uses where the level of metabolite B3 in groundwater is expected to be below 0,1 μg/L.
            For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on cyflumetofen, and in particular Appendices I and II thereto, as finalised in the Standing Committee on the Food Chain and Animal Health on 20 November 2012 shall be taken into account.
            In this overall assessment, Member States shall pay particular attention to:

                        —

                        the protection of operators and workers;

                        —

                        the protection of groundwater, in particular for metabolite B3, when the substance is applied in regions with vulnerable soils and/or climatic conditions;

                        —

                        the protection of drinking water;

                        —

                        the risk to aquatic organisms.

                  Conditions of use shall include risk mitigation measures, where appropriate.’

            ANNEX II
            The column ‘Specific provisions’ of row 31, cyflumetofen, in Part B of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:
            ‘Plant protection products containing cyflumetofen shall only be authorised for uses where the level of metabolite B3 in groundwater is expected to be below 0,1 μg/L.
            For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on cyflumetofen, and in particular Appendices I and II thereto, as finalised in the Standing Committee on the Food Chain and Animal Health on 20 November 2012 shall be taken into account.
            In this overall assessment, Member States shall pay particular attention to:

                        —

                        the protection of operators and workers;

                        —

                        the protection of groundwater, in particular for metabolite B3, when the substance is applied in regions with vulnerable soils and/or climatic conditions;

                        —

                        the protection of drinking water;

                        —

                        the risk to aquatic organisms.

                  Conditions of use shall include risk mitigation measures, where appropriate.’