title: Commission Implementing Regulation (EU) No 730/2013 of 29 July 2013 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings

text:
               30.7.2013

               EN

               Official Journal of the European Union

               L 203/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 730/2013
   of 29 July 2013
   on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings
   (codification)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (1), and in particular Articles 7(2) and 10(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

               (2)

               A contract is to be concluded annually between the competent authorities designated by each Member State and accountancy offices which do not belong to an administrative department whereby the accountancy office undertakes to fulfil its obligations in compliance with Union rules. The contract in question should include provisions referring to the Union rules concerned.

               (3)

               In order to ensure that data network results are presented each year at a time which is not too distant from the date on which the first farm returns are forwarded to the Commission, the period during which the end of the accounting year may fall should be limited.

               (4)

               For budgetary reasons and to facilitate financial management, the maximum number of farm returns per Member State to be paid should be limited to the number indicated in the Annex to Commission Regulation (EU) No 1291/2009 of 18 December 2009 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings (4). Some flexibility in the number of farm returns per division eligible for payment should be allowed, within the maximum number of returning holdings per Member State as laid down in that Annex if the Member State concerned has more than one division.

               (5)

               If the number of duly completed farm returns forwarded within the time limit per division or per Member State is less than 80 % of the number fixed for the division or the Member State in question, the standard fee for the farm returns from that division or from the Member State concerned should be reduced.

               (6)

               The time limit for the forwarding of farm returns should be such as to allow the accountancy offices, liaison agencies and the Commission to carry out their tasks.

               (7)

               The period for the forwarding of returns should be calculated from the end of the accounting year to which they relate.

               (8)

               In order to be considered duly completed, a farm return must contain data which are factually accurate and recorded and presented in accordance with Commission Regulation (EC) No 868/2008 of 3 September 2008 on the farm return to be used for determining the incomes of agricultural holdings and analysing the business operation of such holdings (5).

               (9)

               The standard fee payable by the Commission should be paid for farm returns duly completed and forwarded within the prescribed period.

               (10)

               As a result of the general rise in costs and its effects on the cost of completing the farm return, the fee should be revised at regular intervals.

               (11)

               In order to improve the execution of the financial operations involved in paying the standard fee, provision should be made for a payment on account.

               (12)

               The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The contract referred to in Article 10(1) of Regulation (EC) No 1217/2009 shall contain at least the clauses set out in Annex I to this Regulation.
   Article 2
   The accounting year of 12 consecutive months referred to in point I(a) of Annex II to Regulation (EC) No 868/2008 shall end during the period 31 December to 30 June inclusive.
   Article 3
   The liaison agency shall forward to the Commission all the farm returns presented in the form laid down in Regulation (EC) No 868/2008.
   The farm returns shall be forwarded not later than 12 months after the end of the accounting year in question.
   The farm returns shall be regarded as having been forwarded to the Commission when the liaison agency, after the data have been introduced in the Commission’s data delivery and control system and after the subsequent computer checks have been executed, confirms the data to be ready to be loaded in the Commission’s database.
   Article 4
   A farm return shall be regarded as having been duly completed where its contents are factually accurate and the accountancy data contained therein have been recorded and are presented in accordance with Regulation (EC) No 868/2008.
   Article 5
   1.   The Commission shall pay a standard fee to the Member States in respect of each duly completed farm return forwarded to it within the period referred to in Article 3.
   2.   The total number per Member State of duly completed and forwarded farm returns that are eligible for the standard fee shall not be more than the total number of returning holdings laid down for that Member State in the Annex to Regulation (EU) No 1291/2009.
   For Member States having more than one division, the number of duly completed and forwarded farm returns per division that are eligible for the standard fee may be up to 20 % higher than the number laid down for the division concerned, provided that the total number of duly completed and forwarded farm returns of the Member State concerned shall not be higher than the total number laid down for that Member State in the Annex to Regulation (EU) No 1291/2009.
   If the number of duly completed and forwarded farm returns in respect of a division or a Member State is less than 80 % of the number of returning holdings laid down for that division or for the Member State concerned, the standard fee for the farm returns from that division or from the Member State concerned shall be reduced by 20 %.
   If there is a shortfall for both a division and the Member State concerned, the reduction shall be applied only at national level.
   3.   The standard fee shall be paid in two instalments:

               (a)

               a payment on account corresponding to 50 % of the fee shall be paid at the beginning of each Member State’s accounting year for the number of returning holdings laid down in the Annex to Regulation (EU) No 1291/2009;

               (b)

               the balance, to be calculated by multiplying the fee by the number of duly completed farm returns forwarded to the Commission and subtracting the payment on account referred to in point (a), shall be paid within six months of receipt of the farm returns by the Commission.

         4.   The amount of the standard fee shall be fixed in accordance with the procedure referred to in Article 18(2) of Regulation (EC) No 1217/2009.
   Article 6
   Regulation (EEC) No 1915/83 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
   Article 7
   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 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 328, 15.12.2009, p. 27.

      (2)  OJ L 190, 14.7.1983, p. 25.

      (3)  See Annex II.

      (4)  OJ L 347, 24.12.2009, p. 14.

      (5)  OJ L 237, 4.9.2008, p. 18.

      ANNEX I

         Terms of the contract referred to in Article 10(1) of Regulation (EC) No 1217/2009

      The contracts concluded between the competent authority designated by the Member State and accounting offices which do not belong to an administrative department and which have been chosen in accordance with the provisions of Regulation (EC) No 1217/2009 shall include at least the following terms, expressed explicitly:

                  —

                  an undertaking by the accountancy office to complete the farm returns in accordance with the Union rules,

                  —

                  an undertaking by the accountancy office to forward the farm returns within a period which make it possible to comply with the Union rules,

                  —

                  an undertaking by the accountancy office to supply the liaison agency with all the information which the latter may request regarding the discharge of its duties,

                  —

                  an undertaking by the accountancy office not to divulge any individual accountancy data or any other individual details which it obtains in the performance of its duties or otherwise incidentally to the performance of its duties in connection with the Farm Accountancy Data Network, and an undertaking that all the persons engaged in the performance of such tasks will be bound by the same obligations and that it will take all the necessary measures to that effect.

      ANNEX II

         Repealed Regulation with list of its successive amendments

                  Commission Regulation (EEC) No 1915/83

                  (OJ L 190, 14.7.1983, p. 25).

                  Commission Regulation (EC) No 1388/2004

                  (OJ L 255, 31.7.2004, p. 5).

                  Commission Regulation (EC) No 2204/2004

                  (OJ L 374, 22.12.2004, p. 40).

                  Commission Regulation (EC) No 1192/2005

                  (OJ L 194, 26.7.2005, p. 3).

      ANNEX III

         Correlation Table

                  Regulation (EEC) No 1915/83

                  This Regulation

                  Articles 1 and 2

                  Articles 1 and 2

                  Article 3, first paragraph

                  Article 3, first paragraph

                  Article 3, second paragraph

                  —

                  Article 3, third paragraph

                  Article 3, second paragraph

                  Article 3, fourth paragraph

                  Article 3, third paragraph

                  Article 4, introductory wording

                  Article 4

                  Article 4, first indent

                  Article 4

                  Article 4, second indent

                  Article 4

                  Article 5(1)

                  Article 5(1)

                  Article 5(1a), first and second subparagraphs

                  Article 5(2), first and second subparagraphs

                  Article 5(1a), third subparagraph, introductory wording

                  Article 5(2), third subparagraph

                  Article 5(1a), third subparagraph, first and second indents

                  —

                  Article 5(1a), fourth subparagraph

                  Article 5(2), fourth subparagraph

                  Article 5(1a), fifth subparagraph

                  —

                  Article 5(2), introductory wording

                  Article 5(3), introductory wording

                  Article 5(2), first indent

                  Article 5(3)(a)

                  Article 5(2), second indent

                  Article 5(3)(b)

                  Article 5(3)

                  Article 5(4)

                  —

                  Article 6

                  Article 6, first paragraph

                  Article 7

                  Article 6, second and third paragraphs

                  —

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


title: Commission Implementing Regulation (EU) No 1166/2011 of 15 November 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               16.11.2011

               EN

               Official Journal of the European Union

               L 297/59

         COMMISSION IMPLEMENTING REGULATION (EU) No 1166/2011
   of 15 November 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 1163/2011 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 16 November 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 November 2011.

            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 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 296, 15.11.2011, p. 33.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 16 November 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  41,78

                  0,00

                  1701 11 90 (1)

                  41,78

                  2,37

                  1701 12 10 (1)

                  41,78

                  0,00

                  1701 12 90 (1)

                  41,78

                  2,07

                  1701 91 00 (2)

                  47,87

                  3,11

                  1701 99 10 (2)

                  47,87

                  0,00

                  1701 99 90 (2)

                  47,87

                  0,00

                  1702 90 95 (3)

                  0,48

                  0,23

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) No 643/2013 of 4 July 2013 concerning the authorisation of Patent Blue V as a feed additive for non-food producing animals and amending Regulation (EC) No 358/2005  Text with EEA relevance

text:
               5.7.2013

               EN

               Official Journal of the European Union

               L 186/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 643/2013
   of 4 July 2013
   concerning the authorisation of Patent Blue V as a feed additive for non-food producing animals and amending Regulation (EC) No 358/2005
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

               (2)

               Patent Blue V was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for certain feed materials on all animals and in feedingstuffs intended for cats and dogs by Commission Directive 74/181/EEC (3), and in feedingstuffs intended for use in grain eating ornamental birds and small rodents by Commission Regulation (EC) No 358/2005 (4). That product was subsequently entered in the European Union Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of Patent Blue V, as a feed additive for dogs, cats and other non-food producing animals, requesting that additive to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 31 January 2013 (5) that, under the proposed conditions of use in feed, Patent Blue V does not have an adverse effect on animal health, and it is not expected to pose additional risk for the environment. The Authority does not consider that there is a need for specific requirements of post-market monitoring. The Authority also concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. 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 Patent Blue V 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)

               As a consequence of the granting of a new authorisation under Regulation (EC) No 1831/2003, Regulation (EC) No 358/2005 should therefore be amended accordingly.

               (7)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for the disposal of existing stocks of the additive, pre-mixtures and compound feed containing it, as authorised by Directive 74/181/EEC and Regulation (EC) No 358/2005.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The substance specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘colorants, substances that add or restore colour in feedingstuffs’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   In Annex II to Regulation (EC) No 358/2005 the entry of the row E 131 is deleted.
   Article 3
   The substance specified in the Annex and feed containing that substance, which are produced and labelled before 25 July 2015 in accordance with the rules applicable before 25 July 2013, may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 4
   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 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 270, 14.12.1970, p. 1.

      (3)  OJ L 94, 4.4.1974, p. 16.

      (4)  OJ L 57, 3.3.2005, p. 3.

      (5)  EFSA Journal 2013; 11(3):3108.

      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

                  mg/kg of complete feedingstuff with a moisture content of 12 %

                     Category of sensory additives. Functional group: colorants, substances that add or restore colour in feedingstuffs

                  2a131

                  —

                  Patent Blue V

                                 Active substance

                              Patent Blue V

                                 Characterisation of the active substance

                              Name: calcium or sodium compound of [4-(α-(4-diethylaminophenyl)-5-hydroxy-2,4-disulfophenyl-methylidene) 2,5-cyclohexadien-1-ylidene] diethylammonium hydroxide inner salt and subsidiary colouring matters together with sodium chloride and/or sodium sulphate and/or calcium sulphate as the principal uncoloured components. The potassium salt is also permitted.

                                 Additive composition

                              Purity criteria: minimum of 90 % of total colouring matters, calculated as the sodium, calcium or potassium salts.
                              Leuco base: not more than 1,0 %.

                                 Method of Analysis
                                  (1)

                                          —

                                          For the quantification of total colouring matters content of Patent Blue V in the feed additive and feedingstuffs: spectrophotometry at 638 nm (JECFA monograph No 1, Vol. 4 method recommended by Commission Directive 2008/128/EC (2)).

                  All non-food producing animals

                  —

                  —

                  250

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

                  25 July 2023

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

         (2)  OJ L 6, 10.1.2009, p. 20.


title: Commission Implementing Regulation (EU) No 839/2014 of 31 July 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Горнооряховски суджук (Gornooryahovski Sudzhuk) (PGI))

text:
               2.8.2014

               EN

               Official Journal of the European Union

               L 231/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 839/2014
   of 31 July 2014
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Горнооряховски суджук (Gornooryahovski Sudzhuk) (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular 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 Bulgaria's application for the approval of amendments to the specification for the protected geographical indication ‘Горнооряховски суджук’ (Gornooryahovski Sudzhuk), registered under Commission Implementing Regulation (EU) No 1370/2011 (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 as required by Article 50(2)(a) of that Regulation (3).

               (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 ‘Горнооряховски суджук’ (Gornooryahovski Sudzhuk) (PGI) 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, 31 July 2014.

            For the Commission,

            On behalf of the President,

         Ferdinando NELLI FEROCI

            Member of the Commission

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

      (2)  Commission Implementing Regulation (EU) No 1370/2011of 21 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Горнооряховски суджук (Gornooryahovski sudzhuk) (PGI)] (OJ L 341, 22.12.2011, p. 39).

      (3)  OJ C 75, 14.3.2014, p. 9.


title: Commission Implementing Regulation (EU) No 983/2014 of 18 September 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.9.2014

               EN

               Official Journal of the European Union

               L 277/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 983/2014
   of 18 September 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 September 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  52,3

                  TR

                  84,0

                  XS

                  82,8

                  ZZ

                  73,0

                  0707 00 05

                  MK

                  34,4

                  TR

                  107,9

                  ZZ

                  71,2

                  0709 93 10

                  TR

                  120,2

                  ZZ

                  120,2

                  0805 50 10

                  AR

                  136,1

                  CL

                  173,6

                  IL

                  155,5

                  UY

                  112,2

                  ZA

                  140,8

                  ZZ

                  143,6

                  0806 10 10

                  AR

                  128,7

                  BR

                  172,3

                  EG

                  160,1

                  MK

                  33,9

                  TR

                  115,2

                  ZZ

                  122,0

                  0808 10 80

                  AR

                  262,7

                  BA

                  49,3

                  BR

                  65,7

                  CL

                  146,3

                  NZ

                  124,8

                  US

                  129,4

                  ZA

                  125,8

                  ZZ

                  129,1

                  0808 30 90

                  AR

                  217,1

                  CL

                  231,7

                  CN

                  109,8

                  TR

                  123,9

                  ZZ

                  170,6

                  0809 30

                  TR

                  126,8

                  ZZ

                  126,8

                  0809 40 05

                  MK

                  20,2

                  ZZ

                  20,2

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


title: Commission Implementing Regulation (EU) 2016/415 of 21 March 2016 withdrawing the acceptance of the undertaking for two exporting producers and repealing Decision 2008/577/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia

text:
               22.3.2016

               EN

               Official Journal of the European Union

               L 75/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/415
   of 21 March 2016
   withdrawing the acceptance of the undertaking for two exporting producers and repealing Decision 2008/577/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia
   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 8 thereof,
   Informing the Member States,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Regulation (EC) No 2022/95 (2), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following an expiry and interim review, the Council, by Regulation (EC) No 658/2002 (3), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following another expiry and interim review, the Council, by Regulation (EC) No 661/2008 (4), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following another expiry review the Commission, by Implementing Regulation (EU) No 999/2014 (5), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia.

               (2)

               The Commission, by Decision 2008/577/EC (6) (‘the Decision’) accepted a price undertaking (‘the undertaking’), inter alia, from the Russian producers JSC Acron and JSC Dorogobuzh, members of Acron Holding Company (referred to jointly as Acron) concerning imports of ammonium nitrate produced by these companies and sold to the first independent customer in the Union.

               (3)

               By the same Decision, the Commission also accepted an undertaking from Open Joint Stock Company (OJSC) Azot Cherkassy, Ukraine. Measures on imports of ammonium nitrate originating in Ukraine expired on 17 June 2012 (7), thus the related undertaking also expired on the same day.

               (4)

               By the same Decision, the Commission also accepted an undertaking from EuroChem group. By Decision 2012/629/EU (8), the Commission withdrew its acceptance of the undertaking offered by the EuroChem Group because of the impracticability of the undertaking.

               (5)

               The undertaking accepted from Acron is based on three elements, namely (1) an indexation of the minimum prices in accordance with public international quotations, (2) a quantitative ceiling and (3) a commitment not to sell the products covered by the undertaking to the same customers in the European Union to which they sell other products, with the exception of certain other products for which Acron undertook to respect specific price regimes.

               (6)

               As referred to in recital (14) of Decision 2008/577/EC, when accepting the undertaking, the sales structure of Acron was such that the Commission considered the risk of circumventing the undertaking as limited.

         B.   CHANGED CIRCUMSTANCES

      Acron's business relationships

               (7)

               In May 2012, Acron informed the Commission of its intention to acquire stake in a chemical company in the Union. In August 2012, Acron informed the Commission of a change in its corporate structure, namely that it acquired minority shares in this chemical company in the Union, indicating that this corporate change had no repercussions on the implementation of the undertaking. After assessing the evidence provided by Acron, the Commission did not initially consider that this change in Acron's corporate structure had an impact on the undertaking. However, new evidence currently available to the Commission shows that Acron had submitted incomplete information when originally informing the Commission of the change in its structure. In particular, the Commission had not been informed that this Union producer manufactures and sells not only chemical products, but also fertilizers including ammonium nitrate. Furthermore, the evidence currently available to the Commission also showed that Acron's shareholding further increased since it was notified to the Commission in August 2012.

      Preliminary assessment

               (8)

               The Commission analysed the implications of the evidence available to it, and considered that there is a high risk of cross-compensation. Indeed, if the fertilizer production and sales facility in the Union, in which Acron's acquired shares, sells any of its products to the same customers as Acron, the prices for such transactions could be set in a way to compensate for the Minimum Import Price subject to the undertaking. Such a compensation would however not be identifiable by monitoring activities since the price structure for the majority of products produced by the fertilizer production and sales facility in which Acron's acquired shares is not subject to any publicly available source. Thus it cannot be assessed whether the prices paid by the customers respond to the value of the products or take into account a potential rebate in order to compensate transactions subject to the undertaking for which a Minimum Import Price has to be respected. Consequently, the monitoring of the undertaking would become impracticable and unworkable.

               (9)

               The Commission informed Acron accordingly and announced that, in light of the circumstances described in recitals (7) and (8), it considered that the undertaking should be withdrawn. Acron was given an opportunity to comment.

         C.   WRITTEN SUBMISSIONS AND HEARING

               (10)

               Acron submitted written submissions and was granted the opportunity to be heard. In response to the disclosure document, Acron reiterated the arguments already submitted when it was first informed of the incompliance of the undertaking with its shareholding in a Union producer of fertilizers. Those arguments have been addressed in the disclosure document and are also addressed in this Regulation.

               (11)

               Several parties have sent written submissions to the Commission supporting Acron's position (they however were not the addressees of the Commission's disclosure and request for comments). These parties stated that they have not been involved in cross-compensation practices with Acron. However, such statements per se do not alleviate the risk of cross compensation. In any event, it is standing practice of the Commission not to accept price undertakings if the risk of cross-compensation is high, regardless of whether or not a cross-compensation actually took place.

               (12)

               Acron claimed to have been acting in good faith when it informed the Commission, in accordance with the definition of related party and pursuant to clause 5.14 of the undertaking, of some changes in its corporate structure.

               (13)

               In addition, Acron claimed that it should be considered as a financial investor in the Union company and that its shareholding conferred to Acron only limited statutory rights in decision making, therefore not giving Acron control over the Union company in the sense of Union competition law.

               (14)

               Acron underlined that Union law and the national competition laws do not allow exchanging commercially sensitive information or coordinating sales with its competitors in the Union or elsewhere, which would be indispensable for any cross-compensation.

               (15)

               The Commission considers that Acron's arguments should be rejected for the following reasons.

               (16)

               Firstly, the Undertaking, offered by Acron, contains a definition of related party. As stipulated in Clause 1 of the undertaking, holding 5 % or more of shares in another company is sufficient to be considered as a related party; this is the benchmark that should be taken into account when assessing the monitorability and practicability of the undertaking.

               (17)

               Moreover, the Commission re-iterates the problems of cross-compensation referred to in recital (8). In addition, it cannot be excluded that some of the price quotations (being the basis for the price indexation mechanism of the undertaking) could be influenced by sales of the related producer in the Union.

               (18)

               Acron itself admitted that shareholdings in the Union producer create a presumption of the existence of a risk of cross-compensation, although rebuttable. Considerations based on competition law, be it national or that of the Union, that such behaviour is theoretically not in Acron's interest, are not relevant for the assessment of the monitorability and practicability of the undertaking. Indeed, such considerations do not per se alleviate the risk of cross-compensation.

               (19)

               Acron claimed that cross-compensation is neither in its own commercial interest nor in the commercial interest of the related Union producer. This statement per se does not alleviate the risk of cross-compensation, notably because the notion of commercial interest cannot be assessed in abstract terms. Further, according to the Commission's assessment, the incentives for cross-compensation cannot be excluded as both the related Union producer and Acron sell in the Union other products than ammonium nitrate potentially to the same customers. It would be impracticable, if not impossible, to trace such sales in the Union. In this respect, it is worth noting the complex structure of Acron's and the related Union producer's company groups. Thus, a high risk of cross-compensation exists with sales of ammonium nitrate or other products to the same customers.

               (20)

               Secondly, the Union based producer cannot be subject to monitoring activities as it cannot be party to an undertaking since according to Article 8 of the basic Regulation undertakings can be offered only by exporters.

               (21)

               Thirdly, even if the Union producer could be party to the undertaking, quod non, the monitoring of such an undertaking would be impracticable as stated in recitals (8) and (19) above.

               (22)

               Therefore, based on the evidence available to it, it is concluded that following the change in the corporate structure of Acron, there is a high risk of cross-compensation and the undertaking accepted from Acron becomes impracticable and therefore should be withdrawn.

               (23)

               Finally, Acron suggested the implementation of an additional monitoring mechanism in the context of the undertaking. Specifically, Acron offered to regularly provide to the Commission an audited report on the cash-flows between the two company groups. However, this new mechanism would make the monitoring of the undertaking even more complex and burdensome and it would not alleviate the identified risks and problems of cross-compensation.

               (24)

               None of the arguments presented by Acron are such as to alter the Commission's assessment that the monitoring of the undertaking has become impracticable.

         D.   REPEAL OF DECISION 2008/577/EC

               (25)

               Therefore, in accordance with Article 8(9) of the basic Regulation and also in accordance with the relevant clauses of the undertaking authorising the Commission to unilaterally withdraw the undertaking, the Commission has concluded that the acceptance of the undertaking offered by Acron should be withdrawn and Commission Decision 2008/577/EC should be repealed. Accordingly, the definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) No 999/2014 should apply to imports of the product concerned produced by Acron (Taric additional code A532),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to the companies JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of ‘Acron’ Holding Company concerning imports of ammonium nitrate produced by these companies and sold to the first independent customer in the Union (Taric additional code A532) is hereby withdrawn.
   Article 2
   Decision 2008/577/EC is hereby repealed.
   Article 3
   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 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 198, 23.8.1995, p. 1.

      (3)  OJ L 102, 18.4.2002, p. 1.

      (4)  OJ L 185, 12.7.2008, p. 1.

      (5)  OJ L 280, 24.9.2014, p. 19.

      (6)  OJ L 185, 12.7.2008, p. 43.

      (7)  OJ C 171, 16.6.2012, p. 25.

      (8)  OJ L 277, 11.10.2012, p. 8.