title: Commission Implementing Regulation (EU) 2016/1167 of 18 July 2016 amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from, inter alia, the Republic of Korea, whether declared as originating in the Republic of Korea or not

text:
               19.7.2016

               EN

               Official Journal of the European Union

               L 193/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1167
   of 18 July 2016
   amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from, inter alia, the Republic of Korea, whether declared as originating in the Republic of Korea or not
   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 Articles 11(4) and 13(4) thereof,
   Whereas:
   A.   MEASURES IN FORCE

               (1)

               By Council Regulation (EC) No 1796/1999 (2), the Council imposed a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China. Following two expiry reviews under Article 11(2) of the basic Regulation, the anti-dumping measures were maintained by Council Regulation (EC) No 1858/2005 (3) and Council Implementing Regulation (EU) No 102/2012 (4).

               (2)

               By Council Implementing Regulation (EU) No 400/2010 (5), the Council extended the anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China to imports of the same product consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, following an anti-circumvention investigation under Article 13 of the basic Regulation. By the same Regulation, certain Korean exporting producers were exempted from these extended measures.

               (3)

               The measures currently in force are an anti-dumping duty imposed by Implementing Regulation (EU) No 102/2012 on imports of steel ropes and cables originating, inter alia, in the People's Republic of China as extended, inter alia, to imports of steel ropes and cables consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not, as last amended by Commission Implementing Regulation (EU) 2016/90 (6) (‘the measures in force’). Imports into the Union of the product under review consigned from the Republic of Korea are subject to a duty of 60,4 %, with the exception of the product manufactured by companies which were exempted.

         B.   PROCEDURE

   1.   Initiation

               (4)

               The European Commission (‘the Commission’) received a request for an exemption from the anti-dumping measures applicable to imports of steel ropes and cables originating in the People's Republic of China, as extended to imports consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, under Articles 11(4) and 13(4) and of the basic Regulation.

               (5)

               The request was lodged on 7 September 2015 by Daechang Steel Co. Ltd (‘the applicant’), an exporting producer of steel ropes and cables in the Republic of Korea (‘the country concerned’) and it was limited to the applicant.

               (6)

               The applicant provided prima facie evidence that it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures (1 July 2008 to 30 June 2009), that it is not related to any of the exporting producers of the product under review which are subject to the anti-dumping duties in force, that it has not circumvented the measures applicable to steel ropes and cables of Chinese origin and that it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

               (7)

               Having examined the evidence submitted by the applicant and following consultation of the Member States, and after the Union industry was given the opportunity to comment, the Commission initiated the investigation on 26 November 2015 by Implementing Regulation (EU) 2015/2179 (7). Furthermore, pursuant to Article 3 of that Regulation, the Commission directed customs authorities to take the appropriate steps to register imports of the product under review consigned from the Republic of Korea and produced and sold for export to the Union by the applicant, in accordance with Article 14(5) of the basic Regulation.

         2.   Product under review

               (8)

               The product subject to the review is steel ropes and cables, including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not (‘the product under review’), currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 (TARIC codes 7312108113, 7312108313, 7312108513, 7312108913 and 7312109813).

         3.   Reporting period

               (9)

               The reporting period covered the period from 1 October 2014 to 30 September 2015. Data was collected from 2008 until the end of the reporting period (‘the investigation period’).

         4.   Investigation

               (10)

               The Commission officially advised the applicant and the representatives of the Republic of Korea of the initiation of the review. Interested parties were invited to make their views known and were informed of the possibility to request a hearing. No requests were received.

               (11)

               The Commission sent a questionnaire to the applicant and received a reply within the given deadline. The Commission sought and verified on the spot all the information deemed necessary for the purposes of the review. A verification visit was carried out at the premises of the applicant.

               (12)

               The Commission examined whether the conditions for granting an exemption under Article 11(4) and 13(4) were fulfilled, namely whether:

                           —

                           The applicant did not export the product under review during the investigation period used in the investigation that led to the extended measures, namely the period from 1 July 2008 to 30 June 2009.

                           —

                           The applicant began exporting the product under review after the end of the investigation period of the anti-circumvention investigation.

                           —

                           The applicant is not related to any of the exporting producers of the product under review which are subject to the anti-dumping duties in force, and that it has not circumvented the measures applicable to steel ropes and cables of Chinese origin.

         C.   FINDINGS

               (13)

               The investigation confirmed that the applicant had not exported the product under review to the Union during the investigation period of the anti-circumvention investigation that led to the extended measures, that is 1 July 2008 to 30 June 2009. The applicant's first exports of the product under review occurred subsequent to the extension of measures to the Republic of Korea, more precisely in the second half of 2015.

               (14)

               Next, the investigation confirmed that the applicant was not related to any Chinese exporters or producers subject to the anti-dumping measures imposed by Implementing Regulation (EU) No 102/2012.

               (15)

               Furthermore, the investigation confirmed that the applicant is a genuine producer of the product under review not engaged in circumvention practices. The applicant purchases domestically produced steel wire rod and sub-materials (such as zinc and lead) but also imports steel wire rod from the People's Republic of China, which is subsequently pickled, drawn, galvanised, drawn a second time, stranded and closed at its manufacturing facilities in the Republic of Korea. The finished product is sold domestically and also exported to the United States, Asia and the Union.

               (16)

               The production activities can be considered as an assembly or completion operation. Article 13(2) of the basic Regulation lays down the conditions under which an assembly operation will be considered to be circumventing the measures. Under point (b) of that Article, one condition is that the parts in question constitute more than 60 % of the total value of the parts of the assembled product. During the investigation it was established that the proportion of Chinese raw materials used by the applicant was significantly below the threshold of 60 % required under Article 13(2)(b) of the basic Regulation. The percentage of Chinese parts (namely raw materials) used was 38 %. Where that threshold is exceeded, Article 13(2)(b) requires that it is established whether the 25 % threshold of value added was reached (the ‘value-added test’). The 60 % threshold of the total value of the parts was not exceeded. Hence, on the basis of the actual costs incurred during the reporting period, it was not necessary to establish whether the 25 % threshold of value added was reached within the meaning of Article 13(2)(b) of the basic Regulation.

               (17)

               The applicant started with the production of the product under review mid-2015. Due to the exceptional manufacturing costs incurred during the start-up production phase, another calculation was performed on the basis of standard costs of manufacturing (excluding start-up costs and anticipating a high production capacity utilisation rate). It was established that the proportion of Chinese-origin raw materials then constituted more than the 60 % of the total value of the parts of the final product (69 %). For that reason the value-added test under Article 13(2) of the basic Regulation was carried out. That test demonstrated that the value added to the parts brought in from the People's Republic of China was significantly above the 25 % of the manufacturing costs threshold as stipulated in Article 13(2)(b) of the basic Regulation. Therefore, the applicant's production activities are not considered to constitute circumvention in the sense of Article 13(2) of the basic Regulation.

               (18)

               Last, the investigation confirmed that the applicant was not purchasing the finished product under review from the People's Republic of China in order to resell or tranship to the Union and that the company could justify all its exports during the reporting period.

               (19)

               In light of the findings described in recitals 13 to 18, the Commission concludes that the applicant fulfils the conditions for an exemption under Articles 11(4) and 13(4) of the basic Regulation.

               (20)

               The findings above were disclosed to the applicant and the Union industry, which were given the opportunity to provide comments. The applicant submitted that it agreed to the Commission's findings. No further comments were submitted.

         D.   MODIFICATION OF THE LIST OF COMPANIES BENEFITTING FROM AN EXEMPTION TO THE MEASURES IN FORCE

               (21)

               In accordance with the above findings, the applicant should be added to the list of companies that are exempted from the anti-dumping duty imposed by Implementing Regulation (EU) No 102/2012.

               (22)

               As laid down in Article 1(2) of Regulation (EU) No 400/2010, the application of the exemption is to be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to that Regulation. If no such an invoice is presented, the anti-dumping duty continues to apply.

               (23)

               In addition, the exemption from the extended measures granted to imports of steel ropes and cables produced by the applicant, in accordance with Article 13(4) of the basic Regulation, remains valid on condition that the facts as finally ascertained justify the exemption. Should new prima facie evidence indicate otherwise, an investigation may be initiated by the Commission to establish whether withdrawal of the exemption is warranted.

               (24)

               The exemption from the extended measures granted to imports of steel ropes and cables produced by the applicant is made on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of steel ropes and cables consigned from the Republic of Korea and produced by the abovementioned specific legal entity. Imported steel ropes and cables produced by any company not specifically mentioned in Article 1(4) of Implementing Regulation (EU) No 102/2012 with its name, including entities related to those specifically mentioned, should not benefit from the exemption and should be subject to the residual duty rate as imposed by that Regulation.

               (25)

               Implementing Regulation (EU) No 102/2012, as last amended by Implementing Regulation (EU) 2016/90, should be amended to include Daechang Steel Co. Ltd in the table set out in its Article 1(4).

               (26)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The table set out in Article 1(4) of Implementing Regulation (EU) No 102/2012 as last amended by Implementing Regulation (EU) 2016/90, is replaced by the following table:

               Country

               Company

               TARIC additional code

               The Republic of Korea

               Bosung Wire Rope Co., Ltd, 568,Yongdeok-ri, Hallim-myeon, Gimae-si, Gyeongsangnam-do, 621-872

               A969

               Chung Woo Rope Co., Ltd, 1682-4, Songjung-Dong, Gangseo-Gu, Busan

               A969

               CS Co., Ltd, 287-6 Soju-Dong Yangsan-City, Kyoungnam

               A969

               Cosmo Wire Ltd, 4-10, Koyeon-Ri, Woong Chon-Myon Ulju-Kun, Ulsan

               A969

               Dae Heung Industrial Co., Ltd, 185 Pyunglim — Ri, Daesan-Myun, Haman — Gun, Gyungnam

               A969

               Daechang Steel Co., Ltd, 1213, Aam-daero, Namdong-gu, Incheon

               C057

               DSR Wire Corp., 291, Seonpyong-Ri, Seo-Myon, Suncheon-City, Jeonnam

               A969

               Goodwire MFG. Co. Ltd, 984-23, Maegok-Dong, Yangsan-City, Kyungnam

               B955

               Kiswire Ltd, 20th Fl. Jangkyo Bldg, 1, Jangkyo-Dong, Chung-Ku, Seoul

               A969

               Manho Rope & Wire Ltd, Dongho Bldg, 85-2 4 Street Joongang-Dong, Jong-gu, Busan

               A969

               Line Metal Co. Ltd, 1259 Boncho-ri, Daeji-Myeon, Changnyeong-gun, Gyeongnam

               B926

               Seil Wire and Cable, 47-4, Soju-Dong, Yangsan-Si, Kyungsangnamdo

               A994

               Shin Han Rope Co., Ltd, 715-8, Gojan-Dong, Namdong-gu, Incheon

               A969

               Ssang Yong Cable Mfg. Co., Ltd, 1559-4 Song-Jeong Dong, Gang-Seo Gu, Busan

               A969

               Young Heung Iron & Steel Co., Ltd, 71-1 Sin-Chon Dong, Changwon City, Gyungnam

               A969

         Article 2
   The customs authorities are directed to cease the registration of imports carried out pursuant to Article 3 of Implementing Regulation (EU) 2015/2179. No anti-dumping duty shall be collected on the imports thus registered.
   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, 18 July 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Regulation (EC) No 1796/1999 of 12 August 1999 imposing a definitive anti-dumping duty, and collecting definitively the provisional duty imposed, on imports of steel ropes and cables originating in the People's Republic of China, Hungary, India, Mexico, Poland, South Africa and Ukraine and terminating the anti-dumping proceeding in respect of imports originating in the Republic of Korea (OJ L 217, 17.8.1999, p. 1).

      (3)  Council Regulation (EC) No 1858/2005 of 8 November 2005 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People's Republic of China, India, South Africa and Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 (OJ L 299, 16.11.2005, p. 1).

      (4)  Implementing Regulation of the Council (EU) No 102/2012 of 27 January 2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People's Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 36, 9.2.2012, p. 1).

      (5)  Implementing Regulation of the Council (EU) No 400/2010 of 26 April 2010 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating, inter alia, in the People's Republic of China to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and terminating the investigation in respect of imports consigned from Malaysia (OJ L 117, 11.5.2010, p. 1).

      (6)  Commission Implementing Regulation (EU) 2016/90 of 26 January 2016 amending Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in Ukraine following a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009 (OJ L 19, 27.1.2016, p. 22).

      (7)  Commission Implementing Regulation (EU) 2015/2179 of 25 November 2015 initiating a review of Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China, as extended to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, for the purposes of determining the possibility of granting an exemption from those measures to one Korean exporter, repealing the anti-dumping duty with regard to imports from that exporter and making imports from that exporter subject to registration (OJ L 309, 26.11.2015, p. 3).


title: Commission Implementing Regulation (EU) 2016/264 of 25 February 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               26.2.2016

               EN

               Official Journal of the European Union

               L 50/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/264
   of 25 February 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 February 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  236,2

                  MA

                  94,1

                  SN

                  174,1

                  TN

                  107,9

                  TR

                  110,0

                  ZZ

                  144,5

                  0707 00 05

                  MA

                  83,5

                  TR

                  171,2

                  ZZ

                  127,4

                  0709 91 00

                  TN

                  173,6

                  ZZ

                  173,6

                  0709 93 10

                  MA

                  41,8

                  TR

                  158,0

                  ZZ

                  99,9

                  0805 10 20

                  EG

                  47,1

                  IL

                  64,8

                  MA

                  50,6

                  TN

                  56,6

                  TR

                  63,7

                  ZZ

                  56,6

                  0805 20 10

                  IL

                  121,3

                  MA

                  89,3

                  TR

                  84,6

                  ZZ

                  98,4

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

                  IL

                  137,8

                  JM

                  161,2

                  MA

                  109,3

                  TR

                  71,8

                  US

                  130,0

                  ZZ

                  122,0

                  0805 50 10

                  EG

                  90,7

                  MA

                  85,9

                  TR

                  88,1

                  ZZ

                  88,2

                  0808 10 80

                  CL

                  93,2

                  US

                  123,9

                  ZZ

                  108,6

                  0808 30 90

                  CL

                  221,4

                  CN

                  63,3

                  TR

                  156,1

                  ZA

                  91,4

                  ZZ

                  133,1

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


title: Commission Implementing Regulation (EU) No 1136/2012 of 30 November 2012 operating deductions from fishing quotas available for certain stocks in 2012 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) No 700/2012 as regards amounts to be deducted in future years

text:
               1.12.2012

               EN

               Official Journal of the European Union

               L 331/31

         COMMISSION IMPLEMENTING REGULATION (EU) No 1136/2012
   of 30 November 2012
   operating deductions from fishing quotas available for certain stocks in 2012 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) No 700/2012 as regards amounts to be deducted in future years
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1), (2), (3) and (5) thereof,
   Whereas:

               (1)

               Fishing quotas for the year 2011 have been established by:

                           —

                           Council Regulation (EU) No 1124/2010 of 29 November 2010 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (2),

                           —

                           Council Regulation (EU) No 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species (3),

                           —

                           Council Regulation (EU) No 1256/2010 of 17 December 2010 fixing the fishing opportunities for certain fish stocks applicable in the Black Sea for 2011 (4), and

                           —

                           Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (5).

               (2)

               Fishing quotas for the year 2012 have been established by:

                           —

                           Regulation (EU) No 1225/2010,

                           —

                           Council Regulation (EU) No 716/2011 of 19 July 2011 establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2011/2012 fishing season (6),

                           —

                           Council Regulation (EU) No 1256/2011 of 30 November 2011 fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) No 1124/2010 (7),

                           —

                           Council Regulation (EU) No 5/2012 of 19 December 2011 fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea (8),

                           —

                           Council Regulation (EU) No 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (9), and

                           —

                           Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (10).

               (3)

               According to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.

               (4)

               Commission Implementing Regulation (EU) No 700/2012 (11) has established deductions from fishing quotas for certain stocks for 2012 on account of overfishing of those stocks in the previous years.

               (5)

               Certain deductions provided for by Implementing Regulation (EU) No 700/2012 appear to be larger than the adapted quota available in the year 2012 and, as a consequence, cannot be entirely operated on that quota. According to Commission Communication 2012/C 72/07 (12), the remaining amounts should be deducted from the adapted quotas available in subsequent years.

               (6)

               Implementing Regulation (EU) No 700/2012 should therefore be amended accordingly.

               (7)

               For certain Member States no deductions could be operated by Implementing Regulation (EU) No 700/2012 from quotas allocated for the overfished stocks because such quotas were not available for those Member States in the year 2012.

               (8)

               According to Communication 2012/C 72/07, if it is not possible to operate deductions on the overfished stock in the year following the overfishing because the Member State concerned has no quota available, the deduction should be operated on other stocks in the same geographical area or with the same commercial value. Such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet that overfished the quota, taking into account the need to avoid discards in mixed fisheries.

               (9)

               The Member States concerned have been consulted with regard to the proposed deductions from quotas allocated for other stocks than those which have been overfished.

               (10)

               Deductions provided by this Regulation should apply without prejudice to deductions applicable to 2012 quotas pursuant to:

                           —

                           Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (13), and

                           —

                           Commission Regulation (EU) No 165/2011 of 22 February 2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 (14),

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The fishing quotas for the year 2012 referred to in the Annex I to this Regulation shall be reduced by applying the deductions set out in that Annex.
   2.   Paragraph 1 shall apply without prejudice to reductions provided for in Regulations (EC) No 147/2007 and (EU) No 165/2011.
   Article 2
   The Annex to Implementing Regulation (EU) No 700/2012 is replaced by the text in Annex II to this Regulation.
   Article 3
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 318, 4.12.2010, p. 1.

      (3)  OJ L 336, 21.12.2010, p. 1.

      (4)  OJ L 343, 29.12.2010, p. 2.

      (5)  OJ L 24, 27.1.2011, p. 1.

      (6)  OJ L 193, 23.7.2011, p. 11.

      (7)  OJ L 320, 3.12.2011, p. 3.

      (8)  OJ L 3, 6.1.2012, p. 1.

      (9)  OJ L 25, 27.1.2012, p. 1.

      (10)  OJ L 25, 27.1.2012, p. 55.

      (11)  OJ L 203, 31.7.2012, p. 52.

      (12)  OJ C 72, 10.3.2012, p. 27.

      (13)  OJ L 46, 16.2.2007, p. 10.

      (14)  OJ L 48, 23.2.2011, p. 11.

      ANNEX I

         Deductions from quotas for other stocks than those which have been overfished

                  Member State

                  Species code

                  Area code

                  Species name

                  Area name

                  Permitted landings 2011
                  (total adapted quantity in tons) (1)

                  Total catches 2011
                  (quantity in tons)

                  Quota consumption
                  (%)

                  Overfishing related to permitted landing
                  (quantity in tons)

                  Multiplying factor (2)

                  Additional multiplying factor (3)

                  Remaining deduction from 2011 (4)

                  (quantity in tons)

                  Deductions 2012
                  (quantity in tons)

                  DK′

                  DGS

                  03A-C

                  Spurdog/dogfish

                  EU waters of IIIa

                  0,00

                  1,00

                  —

                  1,00

                  1

                  12

                  13,00

                  Deduction to be made on the following stock

                  DK

                  NEP

                  3A/BCD

                  Norway lobster

                  IIIa; EU waters of Subdivisions 22-32

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  13,00

                  DE

                  DGS

                  2AC4-C

                  Spurdog/dogfish

                  EU waters of IIa and IV

                  0,00

                  0,70

                  —

                  0,70

                  1

                  0,70

                  Deduction to be made on the following stock

                  DE

                  LIN

                  04-C

                  Ling

                  EU waters of IV

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  0,70

                  IE

                  NOP

                  2A3A4.

                  Norway pout and associated by-catches

                  IIIa; EU waters of IIa and IV

                  0,00

                  5,00

                  —

                  5,00

                  1

                  5,00

                  Deduction to be made on the following stock

                  IE

                  WHB

                  1X14

                  Blue whiting

                  EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  5,00

                  ES

                  COD

                  7XAD34

                  Cod

                  VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1

                  0,00

                  0,90

                  —

                  0,90

                  1

                  0,90

                  Deduction to be made on the following stock

                  ES

                  HKE

                  57214

                  Hake

                  VI and VII; EU and international waters of Vb; international waters of XII and XIV

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  0,90

                  ES

                  DGS

                  15X14

                  Spurdog/dogfish

                  EU and international waters of I, V, VI, VII, VIII, XII and XIV

                  1,00

                  6,20

                  620,0

                  5,20

                  1

                  5,20

                  Deduction to be made on the following stock

                  ES

                  NEP

                  VII

                  Norway Lobster

                  VII

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  5,20

                  ES

                  DWS

                  56789-

                  Deep-sea sharks

                  EU and international waters of V, VI, VII, VIII

                  2,79

                  25,90

                  928,3

                  23,11

                  1

                  23,11

                  Deduction to be made on the following stock

                  ES

                  BLI

                  12INT-

                  Blue ling

                  International waters of XII

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  23,11

                  ES

                  ORY

                  1CX14

                  Orange roughy

                  EU and international waters of I, II, III, IV, V, VIII, IX, X, XII and XIV

                  0,00

                  0,60

                  —

                  0,60

                  1

                  0,60

                  Deduction to be made on the following stock

                  ES

                  BLI

                  12INT-

                  Blue ling

                  International waters of XII

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  0,60

                  ES

                  RED

                  N3LN.

                  Redfish

                  NAFO 3LN

                  0,00

                  43,50

                  —

                  43,50

                  1

                  43,50

                  Deduction to be made on the following stock

                  ES

                  HKW

                  3NO.

                  White hake

                  NAFO 3N0

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  43,50

                  FR

                  DWS

                  56789-

                  Deep-sea sharks

                  EU and international waters of V, VI, VII, VIII and IX

                  10,17

                  26,00

                  255,7

                  15,83

                  1

                  15,83

                  Deduction to be made on the following stock

                  FR

                  RNG

                  5B67-

                  Roundnose grenadier

                  EU and international waters of Vb, VI, VII

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  15,83

                  PT

                  WHG

                  08.

                  Whiting

                  VIII

                  0,00

                  1,20

                  —

                  1,20

                  1

                  1,20

                  Deduction to be made on the following stock

                  PT

                  PLE

                  8/3411

                  Plaice

                  VIII, IX and X; EU waters of CECAF 34.1.1

                  /

                  /

                  /

                  /

                  /

                  /

                  /

                  1,20

         (1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 20(5) of Council Regulation (EC) No 2371/2002 (OJ L 358, 31.12.2002, p. 59), quota transfers in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and/or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

         (2)  As set out in Article 105(2) of Regulation (EC) No 1224/2009.

         (3)  As set out in Article 105(3) of Regulation (EC) No 1224/2009.

         (4)  Commission Implementing Regulation (EU) No 1016/2011 (OJ L 270, 15.10.2011, p. 1) and Commission Implementing Regulation (EU) No 1021/2011 (OJ L 270, 15.10.2011, p. 16) have operated deductions from fishing quotas for certain countries and species for 2011. However, for certain Member States the deductions to be applied were higher than their respective 2011 quota and could therefore not be operated entirely in that year. To ensure that also in such cases the full amount be deducted, the remaining quantities have been taken into account when establishing deductions from 2012.

      ANNEX II

            ‘ANNEX

                        Member State

                        Species code

                        Area code

                        Species name

                        Area name

                        Permitted landings 2011
                        (total adapted quantity in tons) (1)

                        Total catches 2011
                        (quantity in tons)

                        Quota consumption
                        (%)

                        Overfishing related to permitted landing
                        (quantity in tons)

                        Multiplying factor (2)

                        Additional multiplying factor (3)
                            (4)

                        Remaining deduction from 2011 (5)

                        (quantity in tons)

                        Deductions 2012
                        (quantity in tons)

                        Outstanding balance
                        (quantity in tons)

                        DK

                        DGS

                        03A-C

                        Spurdog/dogfish

                        EU waters of IIIa

                        0,00

                        1,00

                        —

                        1,00

                        1

                        12

                        13,00

                        DK

                        SAN

                        *234_6

                        Sandeel

                        EU waters of sandeel management areas

                        420,00

                        489,60

                        116,6

                        69,60

                        1

                        69,60

                        DE

                        DGS

                        2AC4-C

                        Spurdog/dogfish

                        EU waters of IIa and IV

                        0,00

                        0,70

                        —

                        0,70

                        1

                        0,70

                        DE

                        MAC

                        2CX14-

                        Mackerel

                        VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV

                        21 401,00

                        21 860,70

                        102,1

                        459,70

                        1

                        459,70

                        DE

                        PLE

                        3BCD-C

                        Plaice

                        EU waters of Subdivisions 22-32

                        425,00

                        426,40

                        100,3

                        1,40

                        1

                        1,40

                        IE

                        HER

                        4AB.

                        Herring

                        EU and Norwegian waters of IV north of 53° 30′ N

                        0,00

                        40,00

                        —

                        40,00

                        1

                        40,00

                        IE

                        NOP

                        2A3A4.

                        Norway pout and associated by-catches

                        IIIa; EU waters of IIa and IV

                        0,00

                        5,00

                        —

                        5,00

                        1

                        5,00

                        ES

                        ALF

                        3X14-

                        Alfonsinos

                        EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

                        66,00

                        69,00

                        104,5

                        3,00

                        1

                        3,00

                        ES

                        ANE

                        9/3411

                        Anchovy

                        IX and X; EU waters of CECAF 34.1.1

                        5 560,00

                        6 361,90

                        114,4

                        801,90

                        1,2

                        962,28

                        ES

                        ANF

                        8C3411

                        Anglerfish

                        VIIIc, IX and X; EC waters of CECAF 34.1.1

                        1 293,00

                        1 453,90

                        112,4

                        160,90

                        1,2

                        193,08

                        ES

                        BLI

                        67- (new code BLI/5B67-)

                        Blue Ling

                        EU waters and international waters of Vb, VI, VII

                        0,00

                        0,00

                        —

                        0,00

                        —

                        41

                        40,93

                        0,07

                        ES

                        BSF

                        8910-

                        Black scabbardfish

                        EU and international waters of VIII, IX and X

                        17,00

                        17,60

                        103,5

                        0,60

                        1

                        0

                        0,60

                        ES

                        BSF

                        56712-

                        Black scabbardfish

                        EU and international waters of V, VI, VII and XII

                        135,00

                        216,90

                        160,7

                        81,90

                        1

                        20,38

                        61,52

                        ES

                        COD

                        7XAD34

                        Cod

                        VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1

                        0,00

                        0,90

                        —

                        0,90

                        1

                        0,90

                        ES

                        DGS

                        15X14

                        Spurdog/dogfish

                        EU and international waters of I, V, VI, VII, VIII, XII and XIV

                        1,00

                        6,20

                        620,0

                        5,20

                        1

                        5,20

                        ES

                        DWS

                        56789-

                        Deep-sea sharks

                        EU and international waters of V, VI, VII, VIII

                        2,79

                        25,90

                        928,3

                        23,11

                        1

                        23,11

                        ES

                        GFB

                        89-

                        Forkbeards

                        EU and international waters of VIII and IX

                        222,00

                        250,20

                        112,7

                        28,20

                        1

                        28,20

                        ES

                        GFB

                        567-

                        Forkbeards

                        EU and international waters of V, VI and VII

                        608,00

                        638,50

                        105,0

                        30,50

                        1

                        30,50

                        ES

                        HAD

                        5BC6A.

                        Haddock

                        EU and international waters of Vb and VIa

                        14,00

                        35,80

                        255,7

                        21,80

                        1

                        0,73

                        21,07

                        ES

                        HAD

                        1N2AB

                        Haddock

                        Norwegian waters of I and II

                        60,00

                        65,30

                        108,8

                        5,30

                        1

                        5,30

                        ES

                        JAX

                        2A-14

                        Horse mackerel and associated by-catches

                        EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV

                        2 419,00

                        2 519,90

                        104,2

                        100,90

                        1

                        100,90

                        ES

                        JAX

                        09.

                        Horse mackerel

                        IX

                        7 859,00

                        8 478,30

                        107,9

                        619,30

                        1,1

                        681,23

                        ES

                        JAX

                        08C.

                        Horse mackerel

                        VIIIc

                        24 129,00

                        32 431,80

                        134,4

                        8 302,80

                        1,4

                        11 623,92

                        ES

                        LEZ

                        8C3411

                        Megrims

                        VIIIc, IX and X; EU waters of CECAF 34.1.1

                        917,00

                        1 005,30

                        109,6

                        88,30

                        1

                        88,30

                        ES

                        ORY

                        1CX14

                        Orange roughy

                        EU and international waters of I, II, III, IV, V, VIII, IX, X, XII and XIV

                        0,00

                        0,60

                        —

                        0,60

                        1

                        0,60

                        ES

                        POK

                        56-14

                        Saithe

                        VI; EU and international waters of Vb, XII and XIV

                        3,00

                        30,60

                        1 020,0

                        27,60

                        1

                        0

                        27,60

                        ES

                        POL

                        8ABDE.

                        Pollack

                        VIIIa, VIIIb, VIIId and VIIIe

                        61,00

                        65,30

                        107,0

                        4,30

                        1

                        4,30

                        ES

                        POL

                        08C.

                        Pollack

                        VIIIc

                        208,00

                        256,00

                        123,1

                        48,00

                        1

                        48,00

                        ES

                        PRA

                        N3L.

                        Northern prawn

                        NAFO 3L

                        214,00

                        292,00

                        136,4

                        78,00

                        1

                        71,70

                        6,30

                        ES

                        RED

                        N3LN.

                        Redfish

                        NAFO 3LN

                        0,00

                        43,50

                        —

                        43,50

                        1

                        43,50

                        ES

                        SBR

                        *678-

                        Red sea bream

                        EU and international waters of VI, VII and VIII

                        49,12

                        62,30

                        126,8

                        13,18

                        1

                        13,18

                        ES

                        SOL

                        8AB.

                        Common sole

                        VIIIa and VIIIb

                        10,00

                        10,70

                        107,0

                        0,70

                        1

                        c

                        0,53

                        0,52

                        ES

                        USK

                        567EI.

                        Tusk

                        EU and international waters of V, VI and VII

                        8,30

                        50,70

                        610,8

                        42,40

                        1

                        13,85

                        28,55

                        ES

                        WHB

                        8C3411

                        Blue whiting

                        VIIIc, IX and X; EC waters of CECAF 34.1.1

                        1 987,00

                        2 258,30

                        113,7

                        271,30

                        1,2

                        325,56

                        FR

                        DWS

                        56789-

                        Deep-sea sharks

                        EU and international waters of V, VI, VII, VIII and IX

                        10,17

                        26,00

                        255,7

                        15,83

                        1

                        15,83

                        FR

                        SOL

                        07E.

                        Common sole

                        VIIe

                        283,00

                        290,00

                        102,5

                        7,00

                        1

                        7,00

                        LT

                        JAX

                        2A-14

                        Horse mackerel and associated by-catches

                        EU waters of IIa, IVa; VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV

                        356,00

                        660,40

                        185,5

                        304,40

                        2

                        0

                        608,80

                        LT

                        MAC

                        2CX14-

                        Mackerel

                        VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV

                        26,00

                        28,80

                        110,8

                        2,80

                        1

                        2,80

                        NL

                        BSF

                        56712-

                        Black scabbardfish

                        EU and international waters of V, VI, VII and XII

                        0,00

                        0,00

                        —

                        0,00

                        —

                        5

                        0

                        5,00

                        NL

                        SBR

                        678-

                        Red sea bream

                        EU and international waters of VI, VII and VIII

                        0,00

                        0,00

                        —

                        0,00

                        —

                        6

                        0

                        6,00

                        PL

                        COD

                        1N2AB

                        Cod

                        Norwegian waters of I and II

                        0,00

                        0,00

                        —

                        0,00

                        —

                        2

                        2,00

                        PL

                        GHL

                        1N2AB

                        Greenland halibut

                        Norwegian waters of I and II

                        0,00

                        0,00

                        —

                        0,00

                        —

                        1

                        0

                        1,00

                        PL

                        HAD

                        2AC4

                        Haddock

                        IV; EU waters of IIa

                        0,00

                        0,00

                        —

                        0,00

                        —

                        16

                        0

                        16,00

                        PL

                        LIN

                        04-C.

                        Ling

                        EU waters of IV

                        0,00

                        3,00

                        —

                        3,00

                        1

                        3,00

                        PL

                        MAC

                        2A34

                        Mackerel

                        IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32

                        0,00

                        0,00

                        —

                        0,00

                        —

                        5

                        0

                        5,00

                        PL

                        RED

                        514GRN

                        Redfish

                        Greenland waters of V and XIV

                        0,00

                        0,00

                        —

                        0,00

                        —

                        1

                        0

                        1,00

                        PL

                        WHB

                        1X14

                        Blue whiting

                        EU and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV

                        0,00

                        0,00

                        —

                        0,00

                        —

                        8

                        0

                        8,00

                        PT

                        ALF

                        3X14-

                        Alfonsinos

                        EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

                        220,10

                        241,10

                        109,5

                        21,00

                        1

                        21,00

                        PT

                        ANE

                        9/3411

                        Anchovy

                        IX and X; EU waters of CECAF 34.1.1

                        2 882,00

                        2 920,20

                        101,3

                        38,20

                        1

                        38,20

                        PT

                        ANF

                        8C3411

                        Anglerfish

                        VIIIc, IX and X; EU waters of CECAF 34.1.1

                        260,20

                        335,30

                        128,9

                        75,10

                        1

                        a

                        112,65

                        PT

                        BET

                        ATLANT

                        Bigeye tuna

                        Atlantic Ocean

                        6 879,70

                        7 022,40

                        102,1

                        142,70

                        1

                        142,70

                        PT

                        BSF

                        8910-

                        Black scabbardfish

                        EU and international waters of VIII, IX and X

                        3 305,00

                        3 547,20

                        107,3

                        242,20

                        1,1

                        266,42

                        PT

                        BUM

                        ATLANT

                        Blue marlin

                        Atlantic Ocean

                        69,00

                        72,30

                        104,8

                        3,30

                        1

                        0

                        3,30

                        PT

                        COD

                        N3M.

                        Cod

                        NAFO 3M

                        2 525,70

                        2 753,80

                        109,0

                        228,10

                        1,1

                        250,91

                        PT

                        GFB

                        89-

                        Forkbeards

                        EU and international waters of VIII and IX

                        10,00

                        12,00

                        120,0

                        2,00

                        1

                        a

                        3,00

                        PT

                        GHL

                        1N2AB

                        Greenland halibut

                        Norwegian waters of I and II

                        0,00

                        0,00

                        —

                        0,00

                        —

                        11

                        0

                        11,00

                        PT

                        GHL

                        N3LMNO.

                        Greenland halibut

                        NAFO 3LMNO

                        2 413,80

                        2 508,20

                        103,9

                        94,40

                        1

                        94,40

                        PT

                        HAD

                        1N2AB

                        Haddock

                        Norwegian waters of I and II

                        78,00

                        30,00

                        38,5

                        –48,00

                        —

                        458

                        26,07

                        383,93

                        PT

                        POK

                        1N2AB

                        Saithe

                        Norwegian waters of I and II

                        80,00

                        40,90

                        51,1

                        –39,10

                        —

                        294

                        31,84

                        223,06

                        PT

                        RED

                        51214D

                        Redfish

                        EU and international waters of V; international waters of XII and XIV

                        603,00

                        719,10

                        119,3

                        116,10

                        1,2

                        a

                        208,98

                        PT

                        RED

                        N3LN.

                        Redfish

                        NAFO 3LN

                        932,80

                        983,50

                        105,4

                        50,70

                        1

                        50,70

                        PT

                        WHB

                        8C3411

                        Blue whiting

                        VIIIc, IX and X; EC waters of CECAF 34.1.1

                        483,00

                        711,90

                        147,4

                        228,90

                        1,8

                        412,02

                        PT

                        WHG

                        08.

                        Whiting

                        VIII

                        0,00

                        1,20

                        —

                        1,20

                        1

                        1,20

                        UK

                        COD

                        N01514

                        Cod

                        Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV

                        717,00

                        724,60

                        101,1

                        7,60

                        1

                        7,60

                        UK

                        BET

                        ATLANT

                        Bigeye tuna

                        Atlantic Ocean

                        10,00

                        0,00

                        0,0

                        –10,00

                        —

                        10

                        0,00

                        UK

                        BLI

                        24-

                        Blue ling

                        EU waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V

                        1,50

                        1,50

                        100,0

                        0,00

                        —

                        2

                        2,00

                        UK

                        HAD

                        1N2AB

                        Haddock

                        Norwegian waters of I and II

                        781,00

                        781,60

                        100,1

                        0,60

                        1

                        0,60

                        UK

                        HER

                        4AB.

                        Herring

                        EU and Norwegian waters of IV north of 53° 30′ N

                        27 687,00

                        27 887,40

                        100,7

                        200,40

                        1

                        200,40

                        UK

                        MAC

                        2CX14-

                        Mackerel

                        VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of IIa, XII and XIV

                        173 520,50

                        179 960,30

                        103,7

                        6 439,80

                        1

                        6 439,80

         (1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 20(5) of Council Regulation (EC) No 2371/2002 (OJ L 358, 31.12.2002, p. 59), quota transfers in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and/or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

         (2)  As set out in Article 105(2) of Regulation (EC) No 1224/2009.

         (3)  As set out in Article 105(3) of Regulation (EC) No 1224/2009.

         (4)  Letter “a” indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2009, 2010 and 2011. Letter “c” indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.

         (5)  Implementing Regulation (EU) No 1016/2011 operating deductions from fishing quotas available for certain stocks in 2011, on account of overfishing of those stocks in the previous year and Implementing Regulation (EU) No 1021/2011 operating deductions from fishing quotas available for certain stocks in 2011, on account of overfishing of other stocks in the previous year have operated deductions from fishing quotas for certain countries and species for 2011. However, for certain Member States the deductions to be applied were higher than their respective 2011 quota and could therefore not be operated entirely in that year. To ensure that also in such cases the full amount be deducted, the remaining quantities have been taken into account when establishing deductions from 2012 and, where appropriate, subsequent quotas.’


title: Commission Implementing Regulation (EU) 2017/960 of 2 June 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
               8.6.2017

               EN

               Official Journal of the European Union

               L 145/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/960
   of 2 June 2017
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 57(4) and 58(2) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General

            Directorate-General for Taxation and Customs Union

      (1)  OJ L 269, 10.10.2013, p. 1.

      (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

      ANNEX

                  Description of goods

                  Classification (CN Code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product in the form of a brownish, turbid extract of vanilla beans (which contains water and 35 % vol. alcohol as solvents), to which 5 % by weight of sugar has been added.
                  The product has an intense vanilla flavour and a distinctive taste of alcohol and sugar. It is put up for retail sale in 100 ml bottles and is used to improve the taste of dishes.

                  2103 90 90

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2103 , 2103 90  and 2103 90 90 .
                  The product cannot be considered as a vegetable extract of heading 1302  as due to the addition of sugar it has the character of a food preparation (see also the Harmonized System Explanatory Notes (HSEN) to heading 1302 , point (A), sixth paragraph).
                  Preparations used to flavour certain dishes and made from various ingredients are to be classified under heading 2103  (see also the HSEN to heading 2103 , point (A), first paragraph).
                  The product is therefore to be classified under CN code 2103 90 90  as a mixed condiment or seasoning.


title: Commission Implementing Regulation (EU) 2015/2223 of 1 December 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.12.2015

               EN

               Official Journal of the European Union

               L 316/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2223
   of 1 December 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 December 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  51,8

                  MA

                  71,4

                  ZZ

                  61,6

                  0707 00 05

                  AL

                  49,2

                  MA

                  93,5

                  TR

                  145,0

                  ZZ

                  95,9

                  0709 93 10

                  AL

                  80,9

                  MA

                  73,7

                  TR

                  151,5

                  ZZ

                  102,0

                  0805 20 10

                  CL

                  96,2

                  MA

                  81,7

                  PE

                  78,3

                  ZZ

                  85,4

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

                  TR

                  80,2

                  ZZ

                  80,2

                  0805 50 10

                  TR

                  103,5

                  ZZ

                  103,5

                  0808 10 80

                  CA

                  159,0

                  CL

                  85,9

                  MK

                  31,8

                  US

                  118,2

                  ZA

                  152,4

                  ZZ

                  109,5

                  0808 30 90

                  BA

                  86,5

                  CN

                  63,9

                  TR

                  144,5

                  ZZ

                  98,3

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


title: Commission Implementing Regulation (EU) No 1341/2013 of 13 December 2013 determining the extent to which the applications for import licences submitted in November 2013 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted

text:
               14.12.2013

               EN

               Official Journal of the European Union

               L 335/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 1341/2013
   of 13 December 2013
   determining the extent to which the applications for import licences submitted in November 2013 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:
   Import licence applications lodged from 20 to 30 November 2013 for certain tariff quotas referred to in Annex I to Commission Regulation (EC) No 2535/2001 (3) relate to quantities greater than those available. The extent to which licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,
   HAS ADOPTED THIS REGULATION:
   Article 1
   For import licence applications lodged from 20 to 30 November 2013 for the tariff quotas referred to in parts I.A, I.F, I.H, I.I, I.J and I.K of Annex I to Regulation (EC) No 2535/2001, licences shall be issued for the quantities requested, multiplied by the allocation coefficient(s) set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on 14 December 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 December 2013.

            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 238, 1.9.2006, p. 13.

      (3)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

      ANNEX

         I.A

                  Tariff quota number

                  Allocation coefficient

                  09.4590

                  —

                  09.4599

                  100 %

                  09.4591

                  —

                  09.4592

                  —

                  09.4593

                  —

                  09.4594

                  —

                  09.4595

                  3,495052 %

                  09.4596

                  100 %

                  ‘—’: No licence applications have been sent to the Commission.

         I.F

      Products originating in Switzerland

                  Tariff quota number

                  Allocation coefficient

                  09.4155

                  100 %

         I.H

      Products originating in Norway

                  Tariff quota number

                  Allocation coefficient

                  09.4179

                  100 %

         I.I

      Products originating in Iceland

                  Tariff quota number

                  Allocation coefficient

                  09.4205

                  100 %

                  09.4206

                  100 %

         I.J

      Products originating in the Republic of Moldova

                  Tariff quota number

                  Allocation coefficient

                  09.4210

                  —

                  ‘—’: No licence applications have been sent to the Commission.

         I.K

      Products originating in New Zealand

                  Tariff quota number

                  Allocation coefficient

                  09.4514

                  100 %

                  09.4515

                  100 %


title: Commission Implementing Regulation (EU) No 1383/2011 of 22 December 2011 fixing the import duties in the cereals sector applicable from 1 January 2012

text:
               23.12.2011

               EN

               Official Journal of the European Union

               L 343/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 1383/2011
   of 22 December 2011
   fixing the import duties in the cereals sector applicable from 1 January 2012
   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 (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 1 January 2012 and should apply until new import duties are fixed and enter into force.

               (5)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 January 2012, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 December 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 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 January 2012

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

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

                  —

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

                  —

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

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      15.12.2011-21.12.2011

                  1.

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

                              (EUR/tonne)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              246,86

                              180,19

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              309,62

                              299,62

                              279,62

                              Gulf of Mexico premium

                              —

                              13,88

                              —

                              —

                              —

                              Great Lakes premium

                              35,46

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico-Rotterdam:

                              19,73 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              50,92 EUR/t

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

         (2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).