title: Commission Implementing Regulation (EU) 2017/1974 of 30 October 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
               31.10.2017

               EN

               Official Journal of the European Union

               L 281/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1974
   of 30 October 2017
   amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (1),
   Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (2), and in particular Article 20(b) thereof,
   Whereas:

               (1)

               Annex V to Regulation (EU) 2016/44 lists vessels designated by the United Nations Sanctions Committee in accordance with paragraph 11 of United Nations Security Council Resolution (UNSCR) 2146 (2014). Those vessels are subject to a number of prohibitions under that Regulation, including the prohibition to load, transport or discharge crude oil from Libya and to access ports in the territory of the Union.

               (2)

               On 20 October 2017, the United Nations Security Council Committee renewed and amended the listing of vessel Capricorn subject to restrictive measures. Therefore, Annex V to Regulation (EU) 2016/44 should be amended accordingly.

               (3)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex V to Council Regulation (EU) 2016/44 is amended as set out 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, 30 October 2017.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 206, 1.8.2015, p. 34.

      (2)  OJ L 12 19.1.2016, p. 1.

      ANNEX
      Annex V to Council Regulation (EU) 2016/44 is amended as follows:
      The entry:

                     ‘1.

                     Name: CAPRICORN
                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation is valid from 21 July 2017 to 21 October 2017, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Tanzania.

                        Additional information

                     IMO: 8900878. As of 16 July 2017, the vessel was located off shore Cyprus.’

      is replaced by the following:

                     ‘1.

                     Name: CAPRICORN
                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 20 October 2017 and is valid until 18 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Tanzania.

                        Additional information

                     Listed on 21 July 2017. IMO: 8900878. As of 21 September 2017, the vessel was located in international waters off the United Arab Emirates.’


title: Commission Implementing Regulation (EU) 2017/1997 of 7 November 2017 amending Implementing Regulations (EU) 2016/184 and (EU) 2016/185 extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not

text:
               8.11.2017

               EN

               Official Journal of the European Union

               L 289/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1997
   of 7 November 2017
   amending Implementing Regulations (EU) 2016/184 and (EU) 2016/185 extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’) and in particular Articles 11(4) and 13(4) thereof and to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’) and in particular to Articles 23(6) and 24(5) thereof,
   Whereas:
   A.   MEASURES IN FORCE

               (1)

               The Council imposed on 2 December 2013 anti-dumping (3) and countervailing measures (4) on crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (‘the original measures’).

               (2)

               On 11 February 2016, the Commission extended those measures to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, with the exception of imports produced by certain companies specifically exempted from those measures (‘the extended measures’) (5).

               (3)

               On 5 December 2015, the Commission initiated expiry reviews of the original anti-dumping (6) and countervailing (7) measures as well as a partial interim review of those measures (8). Subsequently, on 1 March 2017, the Commission imposed anti-dumping and countervailing duties for a period of 18 months (‘the continued measures’) and terminated the partial interim review (9).

               (4)

               On 3 March 2017, the Commission initiated a partial interim review limited to the form and level of the continued measures (10). Following this review, the Commission amended the continued measures with effect as of 15 days following the publication of Commission Implementing Regulation (EU) 2017/1570 (11).

               (5)

               Accordingly, the countervailing and anti-dumping measures currently in force are those imposed by Commission Implementing Regulation (EU) 2017/366 and Commission Implementing Regulation (EU) 2017/367, as amended by Implementing Regulation (EU) 2017/1570.

         B.   PROCEDURE

   1.   Initiation

               (6)

               By Commission Implementing Regulation (EU) 2017/242 (12) (‘the Initiation Regulation’), the Commission initiated a review of the extended measures for the purpose of determining the possibility of granting an exemption from those measures to Jinko Solar Technology SDN.BHD (‘the applicant’ or ‘Jinko Malaysia’), a Malaysian exporting producer of crystalline silicon photovoltaic modules and key components (i.e. cells). The Regulation initiating the review also repealed the anti-dumping duties with regard to the applicant and made imports from it subject to registration.

               (7)

               The review was opened following a request lodged by the applicant, which contained sufficient prima facie evidence to support the applicant's claim that it was a new exporting producer and fulfilled the criteria for an exemption under Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Article 23(6) of the basic anti-subsidy Regulation, namely:

                           —

                           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, i.e. from 1 April 2014 to 31 March 2015,

                           —

                           that it has not been engaging in circumvention practices, and

                           —

                           it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

         2.   Product under review

               (8)

               The product under review is crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90.

               (9)

               The following product types are excluded from the definition of the product under review:

                           —

                           solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

                           —

                           thin film photovoltaic products,

                           —

                           crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s),

                           —

                           modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics.

         3.   Reporting Period

               (10)

               The reporting period covered the period from 1 April 2014 to 31 December 2016.

         4.   Investigation

               (11)

               The Commission advised Jinko Solar Technology SDN.BHD, the Union industry represented by the complainant in the original investigation (EU ProSun) and the representatives of Malaysia and the People's Republic of China of the initiation of the review.

               (12)

               The Commission sought and verified all the information deemed necessary for the purposes of the review. In particular, it received questionnaire replies from the applicant and its related sales company, Jinko Solar Technology Limited (Hong Kong) (‘Jinko HK’). A verification visit was carried out at the premises of the applicant in Malaysia. With regard to Jinko HK the Commission was informed during the investigation that although this company is established in Hong Kong, all export sales documentation was kept by its related company, Jinko Solar Co., Ltd, in the People's Republic of China (‘PRC’). Accordingly, a verification visit in respect of export sales, was also carried out at the premise of its related company in Shanghai, PRC.

         C.   FINDINGS

               (13)

               The findings of the investigation demonstrated that Jinko Malaysia is a genuine Malaysian producer of crystalline silicon photovoltaic modules and cells that was incorporated in January 2015 and which started commercial production of modules and cells in June/July the same year.

               (14)

               During the investigation the Commission established that Jinko Malaysia had not exported the product under review to the Union during the investigation period used in the investigation that led to the extended measures, i.e. from 1 April 2014 to 31 March 2015. It also established that Jinko Malaysia had not purchased the product under review from the PRC for further re-sales or transhipment to the Union. Moreover, Jinko Malaysia had not exported the product under review to the Union up until the end of the reporting period, i.e. 31 December 2016.

               (15)

               However, Jinko Malaysia had in October 2016 entered into a contract to export significant volumes of the product under review to the Union. According to the contractual terms, the delivery of those volumes is suspended pending the current review investigation.

               (16)

               The Commission took note that the applicant is a wholly owned subsidiary of Jinko Solar Co., Ltd, a Chinese producer of the product under review that is currently subject to the original measures, as amended. As indicated in the Initiation Regulation the Commission carefully examined this relationship and verified whether Jinko Malaysia was established or used to circumvent the existing measures.

               (17)

               Jinko Solar Co., Ltd is part of a larger business group belonging to Jinko Solar Holding Co., Ltd This company is incorporated in the Cayman Island and its shares are quoted on the New York Stock Exchange. The Jinko Solar Group has a worldwide presence and production facilities in several countries, currently in China, Portugal, South Africa and Malaysia. According to minutes of the Board of Directors from 2014, the Group's business strategy in recent years is to further increase overseas production facilities and to establish such facilities in countries with strong project development potential. As part of this business strategy, the Board of Directors decided in the same year to establish a manufacturing plant in Malaysia.

               (18)

               Moreover, the Commission established that Jinko Malaysia is a genuine producer of the product under review with complete and state of the art production facilities for both cells and modules, including R & D. It had not been engaged in circumvention activities, such as transhipment, assembly operations or re-sales of solar modules and cells originating in the People's Republic of China to the Union.

               (19)

               The Commission thus concluded that Jinko Malaysia was neither established nor used for circumventing the original measures and that the Chinese ownership, in itself, did not constitute a reason to reject the application.

               (20)

               Against this background the Commission did not find it necessary to impose any particular monitoring conditions should the exemption be granted. In order to ensure the proper application of the exemption, the Commission considered appropriate to apply the special measures applicable to all companies which had been granted exemptions. These special measures are the requirement of the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Article 1(2) of Commission Implementing Regulation (EU) 2016/184 and Article 1(2) of Commission Implementing Regulation (EU) 2016/185. Imports not accompanied by such an invoice shall be made subject to the extended dumping and countervailing duty respectively.

               (21)

               In the light of the findings described in recitals (13) to (19), the Commission concluded that Jinko Solar Technology SDN.BHD fulfils the criteria laid down in Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Article 23(6) of the basic anti-subsidy Regulation and should be exempted from the extended measures.

               (22)

               The findings above were disclosed to the the applicant and other interested parties, which were given the opportunity to provide comments. Only the applicant responded, with minor comments of technical nature.

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

               (23)

               Given the findings referred to above the Commission concluded that the company Jinko Solar Technology SDN.BHD should be added to the list of companies that are exempted from the countervailing duty and anti-dumping duty imposed by Implementing Regulation (EU) 2016/184 and Implementing Regulation (EU) 2016/185, respectively.

               (24)

               Accordingly, Jinko Solar Technology SDN.BHD should be added to the list of individually identified companies in Article 1(1) of Implementing Regulation (EU) 2016/184 and Article 1(1) of Implementing Regulation (EU) 2016/185.

               (25)

               Furthermore, the application of the exemption is conditional upon compliance with the requirement set out in Article 1(2) of Implementing Regulation (EU) 2016/184 and in Article 1(2) of Implementing Regulation (EU) 2016/185.

               (26)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The table set out in Article 1(1) of Implementing Regulation (EU) 2016/184 is replaced by the following table:

               Country

               Company

               TARIC additional code

               Malaysia

               AUO — SunPower Sdn. Bhd.
               Flextronics Shah Alam Sdn. Bhd.
               Hanwha Q CELLS Malaysia Sdn. Bhd.
               Panasonic Energy Malaysia Sdn. Bhd.
               TS Solartech Sdn. Bhd.
               Jinko Solar Technology SDN.BHD

               C073
               C074
               C075
               C076
               C077
               C203

               Taiwan

               ANJI Technology Co., Ltd
               AU Optronics Corporation
               Big Sun Energy Technology Inc.
               EEPV Corp.
               E-TON Solar Tech. Co., Ltd
               Gintech Energy Corporation
               Gintung Energy Corporation
               Inventec Energy Corporation
               Inventec Solar Energy Corporation
               LOF Solar Corp.
               Ming Hwei Energy Co., Ltd
               Motech Industries, Inc.
               Neo Solar Power Corporation
               Perfect Source Technology Corp.
               Ritek Corporation
               Sino-American Silicon Products Inc.
               Solartech Energy Corp.
               Sunengine Corporation Ltd
               Topcell Solar International Co., Ltd
               TSEC Corporation
               Win Win Precision Technology Co., Ltd

               C058
               C059
               C078
               C079
               C080
               C081
               C082
               C083
               C084
               C085
               C086
               C087
               C088
               C089
               C090
               C091
               C092
               C093
               C094
               C095
               C096

         Article 2
   The table set out in Article 1(1) of Implementing Regulation (EU) 2016/185 is replaced by the following table:

               Country

               Company

               TARIC additional code

               Malaysia

               AUO — SunPower Sdn. Bhd.
               Flextronics Shah Alam Sdn. Bhd.
               Hanwha Q CELLS Malaysia Sdn. Bhd.
               Panasonic Energy Malaysia Sdn. Bhd.
               TS Solartech Sdn. Bhd.
               Jinko Solar Technology SDN.BHD

               C073
               C074
               C075
               C076
               C077
               C203

               Taiwan

               ANJI Technology Co., Ltd
               AU Optronics Corporation
               Big Sun Energy Technology Inc.
               EEPV Corp.
               E-TON Solar Tech. Co., Ltd
               Gintech Energy Corporation
               Gintung Energy Corporation
               Inventec Energy Corporation
               Inventec Solar Energy Corporation
               LOF Solar Corp.
               Ming Hwei Energy Co., Ltd
               Motech Industries, Inc.
               Neo Solar Power Corporation
               Perfect Source Technology Corp.
               Ritek Corporation
               Sino-American Silicon Products Inc.
               Solartech Energy Corp.
               Sunengine Corporation Ltd
               Topcell Solar International Co., Ltd
               TSEC Corporation
               Win Win Precision Technology Co., Ltd

               C058
               C059
               C078
               C079
               C080
               C081
               C082
               C083
               C084
               C085
               C086
               C087
               C088
               C089
               C090
               C091
               C092
               C093
               C094
               C095
               C096

         Article 3
   Customs authorities are directed to cease the registration of imports carried out pursuant to Article 3 of Implementing Regulation (EU) 2017/242. No anti-dumping duty shall be collected on the imports thus registered.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation is binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325, 5.12.2013, p. 1).

      (4)  Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325, 5.12.2013, p. 66).

      (5)  Commission Implementing Regulation (EU) 2016/184 of 11 February 2016 extending the definitive countervailing duty imposed by Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not (OJ L 37, 12.2.2016, p. 56) and Commission Implementing Regulation (EU) 2016/185 of 11 February 2016 extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not (OJ L 37, 12.2.2016, p. 76).

      (6)  Notice of initiation 2015/C 405/08 (OJ C 405, 5.12.2015, p. 8).

      (7)  Notice of initiation 2015/C 405/09 (OJ C 405, 5.12.2015, p. 20).

      (8)  Notice of initiation 2015/C 405/10 (OJ C 405, 5.12.2015, p. 33).

      (9)  Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037 (OJ L 56, 3.3.2017, p. 1), and Commission Implementing Regulation (EU) 2017/367 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036 (OJ L 56, 3.3.2017, p. 131).

      (10)  OJ C 67, 3.3.2017, p. 16.

      (11)  Commission Implementing Regulation (EU) 2017/1570 of 15 September 2017 amending Implementing Regulation (EU) 2017/366 and Implementing Regulation (EU) 2017/367 imposing definitive countervailing and anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China and repealing Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures (OJ L 238, 16.9.2017, p. 22).

      (12)  Commission Implementing Regulation (EU) 2017/242 of 10 February 2017 initiating a review of Implementing Regulations (EU) 2016/184 and (EU) 2016/185 (extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not) for the purposes of determining the possibility of granting an exemption from those measures to one Malaysian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration (OJ L 36, 11.2.2017, p. 47).


title: Commission Implementing Regulation (EU) 2017/2011 of 9 November 2017 amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council

text:
               10.11.2017

               EN

               Official Journal of the European Union

               L 292/55

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2011
   of 9 November 2017
   amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (1), and in particular Article 12(1) thereof,
   Whereas:

               (1)

               The Commission adopted Regulation (EC) No 951/2007 (2) laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council (3).

               (2)

               By Commission Implementing Regulation (EU) No 435/2011 (4), given the delayed start of the European Neighbourhood and Partnership Instrument cross-border cooperation programmes, the implementation phase for projects set out in point (b) of Article 43(2) of Regulation (EC) No 951/2007 was extended from 31 December 2014 to 31 December 2015. By Commission Implementing Regulation (EU) No 1343/2014 (5), the closure phase and relevant provisions set out in paragraph (1), point (c) of paragraph (2) and the new paragraph (3) of Article 43 of Regulation (EC) No 951/2007 were adapted accordingly and extended to 31 December 2017.

               (3)

               In order to provide legal certainty for participating countries, it is appropriate to lay down the specific arrangements and procedures for closure and waivers by the Joint Managing Authorities, respecting the principles of equal treatment, transparency, sound financial management and proportionality.

               (4)

               The Joint Managing Authority may, in specific cases to be identified in appropriate instructions by the Commission and in accordance with the principles of sound financial management and proportionality, waive a recovery order without the prior approval of the Commission.

               (5)

               The deadline of 31 December 2017 as fixed in Regulation (EC) No 951/2007 as amended cannot be met due to the accumulation of delays and to the complexity of the closing process. That deadline should therefore be extended to up to 36 months from the submission of the final report.

               (6)

               It should be acknowledged that the Commission may be prevented from respecting the deadline for closure of joint operational programmes in case of judicial and other investigations and force majeure.

               (7)

               In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (8)

               The measures provided in this Regulation are in accordance with the opinion of the Committee established by Regulation (EU) No 232/2014.

               (9)

               Regulation (EC) No 951/2007 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 951/2007 is amended as follows:

               (1)

               in Article 27, paragraph 5 is replaced by the following:
               ‘5.   The Joint Managing Authority shall exercise due diligence to ensure reimbursement within one year of the issuing of the recovery order. In particular, it shall ensure that the claim is certain, of a fixed amount and due. Where the Joint Managing Authority is planning to waive recovery of an established debt, it shall ensure that the waiver is in order and complies with the principles of sound financial management and proportionality. The waiver decision must be substantiated and submitted to the Commission and the Joint Monitoring Committee for prior approval. Based on appropriate instructions of the Commission, the prior approval of the Commission may not be required’;

               (2)

               Article 43 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   The period of execution of each joint operational programme shall start at the earliest at the date of the adoption of the joint operational programme by the Commission and end at the latest 36 months after the submission of the final report.’;

                           (b)

                           point (c) of paragraph 2 is replaced by the following:

                                       ‘(c)

                                       a financial closure phase for the joint operational programme including the financial closure of all contracts concluded as part of the programme, the ex post evaluation of the programme, the submission of the final report, and the final payment or final recovery by the Commission. This phase shall end at the latest 36 months after the submission of the final report.’;

               (3)

               in Article 46, the following paragraph 3 is added:
               ‘3.   Where the Joint Managing Authority has not been able to declare to the Commission final amounts because of:

                           (a)

                           projects suspended by a legal proceeding or by an administrative appeal having suspensory effect; or

                           (b)

                           reasons of force majeure seriously affecting the implementation of all or part of the programme;

                     the ending date of the execution period as set in paragraph 1 of Article 43 shall not apply to part of the programme concerned by points (a) or (b) of this paragraph’.

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 77, 15.3.2014, p. 27.

      (2)  Commission Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (OJ L 210, 10.8.2007, p. 10).

      (3)  Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (OJ L 310, 9.11.2006, p. 1).

      (4)  Commission Implementing Regulation (EU) No 435/2011 of 5 May 2011 amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council (OJ L 118, 6.5.2011, p. 1).

      (5)  Commission Implementing Regulation (EU) No 1343/2014 of 17 December 2014 amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council (OJ L 363, 18.12.2014, p. 75).


title: Commission Implementing Regulation (EU) 2017/2005 of 8 November 2017 approving margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide as an existing active substance for use in biocidal products of product-type 19 (Text with EEA relevance. )

text:
               9.11.2017

               EN

               Official Journal of the European Union

               L 290/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2005
   of 8 November 2017
   approving margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide as an existing active substance for use in biocidal products of product-type 19
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide.

               (2)

               Margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide has been evaluated for use in products of product-type 19, repellents and attractants, as described in Annex V to Regulation (EU) No 528/2012.

               (3)

               Germany was designated as evaluating competent authority and submitted the assessment report together with its recommendations on 3 December 2015.

               (4)

               In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 3 March 2017 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

               (5)

               According to that opinion, biocidal products of product-type 19 containing margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.

               (6)

               It is therefore appropriate to approve margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide for use in biocidal products of product-type 19, subject to compliance with certain specifications and conditions.

               (7)

               A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide is approved as an active substance for use in biocidal products of product-type 19, subject to the specifications and conditions set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions

                  Margosa extract, cold-pressed oil of Azadirachta indica seeds without shells extracted with super-critical carbon dioxide

                  IUPAC Name:
                  Not applicable
                  EC No: 283-644-7
                  CAS No: 84696-25-3

                  1 000  g/kg

                  1 April 2019

                  31 March 2029

                  19

                  The authorisations of biocidal products are subject to the following conditions:

                              1.

                              The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any use covered by an application for authorisation, but not addressed in the Union-level risk assessment of the active substance.

                              2.

                              In view of the risks identified for the uses assessed, the product assessment shall pay particular attention to surface water, sediment and soil.

                              3.

                              For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (2) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (3) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance evaluated. The active substance in the product placed on the market can be of equal or different purity if it has been proven to be technically equivalent to the evaluated active substance.

         (2)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

         (3)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).


title: Commission Implementing Regulation (EU) 2017/1983 of 27 October 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  4.11.2017

                  EN

                  Official Journal of the European Union

                  L 287/1

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1983
      of 27 October 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 Article 57(4) and Article 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, 27 October 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 the goods

                     Classification
                     (CN code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article in a form of an unworked board with a width of approximately 125 cm, a thickness of approximately 7,5 cm and a length of approximately 2 000  cm. It is made by gluing together veneer layers of spruce, pine or mixtures of both types of wood layers.
                     The veneer layers are positioned in such a way that the direction of the wood fibres is the same in all layers. Some layers may also be positioned perpendicularly. The individual layers are bonded together by a phenol-formaldehyde adhesive during a pressing operation at high temperature. Edges and ends of the surface are coated with wax.
                     The veneer layers of wood used to manufacture the article have an initial thickness of 2,8 to 3,2 mm and a density of 445 kg/m3 (spruce veneer) and 500 kg/m3 (pine veneer). Following the pressing process (with a pressure of 2,8 N/mm2), the individual pressed layers in the final product have a thickness of approximately 2,75 mm and the density of the final product is typically between 540 kg/m3 (spruce veneer) and 620 kg/m3 (pine veneer).
                     See image (*1).

                     4412 99 85

                     Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 4412 , 4412 99  and 4412 99 85 .
                     The article is similar laminated wood as defined by heading 4412  (see also the Harmonised System Explanatory Notes (HSEN) to heading 4412 , third paragraph).
                     Classification under heading 4413  is excluded as the article does not comply with the definition of ‘densified wood’ in Note 2 to Chapter 44 because the pressing to which it is subjected increases its density by 24 % only and the article's surface remains soft, as is evident by a physical examination of the article.
                     Classification under heading 4418  is also excluded, as the article is not identifiable as woodwork, used in the construction of buildings, in the form of assembled goods or as recognisable unassembled pieces (see also the HSEN to heading 4418 , first paragraph). It is of general use and it does not have any objective characteristics which would make it recognisable as builders' joinery and carpentry of wood.
                     The article is therefore to be classified under CN code 4412 99 85  as other similar laminated wood.

            (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/1994 of 6 November 2017 initiating a review of Implementing Regulations (EU) 2016/184 and (EU) 2016/185 extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not) for the purposes of determining the possibility of granting an exemption from those measures to one Malaysian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration

text:
               7.11.2017

               EN

               Official Journal of the European Union

               L 288/30

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1994
   of 6 November 2017
   initiating a review of Implementing Regulations (EU) 2016/184 and (EU) 2016/185 extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not) for the purposes of determining the possibility of granting an exemption from those measures to one Malaysian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’) and in particular Articles 11(4),13(4) and 14(5) thereof and to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’) and in particular to Articles 23(6) and 24(5) thereof,
   After informing the Member States,
   Whereas:
   1.   REQUEST

               (1)

               The European Commission (‘the Commission’) received a request for an exemption from the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in r consigned from the People's Republic of China extended to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, as far as the applicant is concerned, pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Article 23(6) of the basic anti-subsidy Regulation.

               (2)

               The request was lodged on 23 May 2017 by Longi (Kuching) SDN.BHD (‘the applicant’), an exporting producer of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels in Malaysia (‘the country concerned’).

         2.   PRODUCT UNDER REVIEW

               (3)

               The product under review is crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90.

               (4)

               The following product types are excluded from the definition of the product under review:

                           —

                           solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

                           —

                           thin film photovoltaic products,

                           —

                           crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s),

                           —

                           modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics.

         3.   EXISTING MEASURES

               (5)

               The Council, by Regulation (EU) No 1238/2013 (3) and (EU) No 1239/2013 (4), imposed anti-dumping and countervailing measures on crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (‘the PRC’ or ‘China’) (‘the original measures’). Also an Undertaking Agreement was accepted. By Implementing Regulations (EU) 2016/184 (5) and 2016/185 (6), the Commission extended the measures to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan (‘the extended measures’), whether declared as originating in Malaysia and in Taiwan or not, with the exception of imports produced by certain companies specifically mentioned.

               (6)

               The Commission, by Regulations (EU) 2017/366 (7) and (EU) 2017/367 (8) extended the anti-dumping and countervailing measures following an expiry review and terminated the partial interim review investigation which was initiated at the same time.

               (7)

               On 10 February 2017 the Commission initiated a review (9) for an exemption request from a new exporting producer. This review investigation is on-going. Also, on 3 March 2017 the Commission initiated a partial interim review (10), limited to the form of the measures. On 15 September 2017 the Commission concluded this review by replacing the existing ad valorem duties, coupled with an undertaking, with a Minimum Import Price (MIP) (11).

         4.   GROUNDS FOR THE REVIEW

               (8)

               The applicant alleged 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, namely the period from 1 April 2014 to 31 March 2015.

               (9)

               In addition, the applicant alleged that it has not circumvented the existing measures.

               (10)

               The applicant further claimed that after the investigation period used in the investigation that led to the extended measures it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

         5.   PROCEDURE
   5.1.   Initiation

               (11)

               The Commission examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and to Article 23(6) of the basic anti-subsidy Regulation for the purposes of determining the possibility of granting the applicant an exemption from the extended measures.

               (12)

               Pursuant to Article 11(4) of the basic anti-dumping Regulation the Union industry known to be concerned was informed of the request for a review and was given an opportunity to comment but no comments were received.

               (13)

               The Commission will pay particular attention to the applicant's relationship with the companies subject to the existing measures in order to ensure that it was not established or used to circumvent the measures. The Commission will also consider whether particular monitoring conditions should be imposed in case the investigation will conclude that granting the exemption is warranted.

         5.2.   Repeal of the existing anti-dumping measures and registration of imports

               (14)

               Pursuant to Article 11(4) of the basic anti-dumping Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product under review which are produced and sold for export to the Union by the applicant.

               (15)

               At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation in order to ensure that, should the review result in a finding of circumvention in respect of the applicant, anti-dumping duties can be levied from the date of the registration of these imports. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the investigation.

         5.3.   Existing anti-subsidy measures

               (16)

               As there is no legal basis in the basic anti-subsidy Regulation to repeal the anti-subsidy measures in force, these measures will remain in force. Only should the review result in the finding that the applicant is entitled to an exemption, the anti-subsidy measures in force will be repealed through a Regulation granting such an exemption.

         5.4.   Review investigation period

               (17)

               The investigation will cover the period from 1 April 2014 to 30 September 2017 (‘review investigation period’).

         5.5.   Investigating the applicant

   In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The applicant must submit the completed questionnaire within 37 days of the date of entry into force of this Regulation, unless otherwise specified, pursuant to Article 6(2) of the basic anti-dumping Regulation and Article 11(2) of the basic anti-subsidy Regulation.
   5.6.   Other written submissions

               (18)

               Subject to the provisions of this Regulation, all interested parties are invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of entry into force of this Regulation.

         5.7.   Possibility to be heard by the Commission investigation services

               (19)

               All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initiation stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

         5.8.   Instructions for making written submissions and sending completed questionnaires and correspondence

               (20)

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

               (21)

               All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested should be labelled ‘Limited’ (12).

               (22)

               Interested parties providing ‘Limited’ information are required to furnish non- confidential summaries of it pursuant to Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

               (23)

               Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which should be submitted on a portable digital storage medium (CD-ROM, DVD, USB flash drive) by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf.

               (24)

               The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.
               Commission address for correspondence:

                           European Commission

                           Directorate-General for Trade

                           Directorate H

                           Office: CHAR 04/039

                           1040 Brussels

                           BELGIUM

                           Email: TRADE-R677-EXEMPTION-SOLAR@ec.europa.eu

         6.   NON-COOPERATION

               (25)

               In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation.

               (26)

               Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

               (27)

               If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation, the result may be less favourable to that party than if it had cooperated.

               (28)

               Failure to give a computerised response will not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

         7.   HEARING OFFICER

               (29)

               Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered.

               (30)

               A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

               (31)

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

         8.   SCHEDULE OF THE INVESTIGATION

               (32)

               The investigation will be concluded, pursuant to Article 11(5) of the basic anti-dumping Regulation and to Article 22(1) of the basic anti-subsidy Regulation, within nine months of the date of the entry into force of this Regulation.

         9.   PROCESSING OF PERSONAL DATA

               (33)

               Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (13),

         HAS ADOPTED THIS REGULATION:
   Article 1
   A review of Implementing Regulation (EU) 2016/184 and Commission Implementing Regulation (EU) 2016/185, is hereby initiated pursuant to Articles 11(4) and 13(4) of Regulation (EU) 2016/1036 and Article 23(6) of Regulation (EU) 2016/1037 in order to establish whether the imports of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes: 8501310082, 8501310083, 8501320042, 8501320043, 8501330062, 8501330063, 8501340042, 8501340043, 8501612042, 8501612043, 8501618042, 8501618043, 8501620062, 8501620063, 8501630042, 8501630043, 8501640042, 8501640043, 8541409022, 8541409023, 8541409032, 8541409033), produced by Longi (Kuching) SDN.BHD (TARIC additional code C309), should be subject to the anti-dumping and anti-subsidy measures imposed by Implementing Regulation (EU) 2016/185 and Implementing Regulation (EU) 2016/184.
   Article 2
   The anti-dumping duty imposed by Implementing Regulation (EU) 2016/185 is hereby repealed with regard to the imports identified in Article 1 of this Regulation.
   Article 3
   The Customs authorities shall take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation, pursuant to Article 14(5) of Regulation (EU) 2016/1036.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in the Member States.
      Done at Brussels, 6 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  OJ L 325, 5.12.2013, p. 1.

      (4)  OJ L 325, 5.12.2013, p. 66.

      (5)  OJ L 37, 12.2.2016, p. 56.

      (6)  OJ L 37, 12.2.2016, p. 76.

      (7)  OJ L 56, 3.3.2017, p. 1.

      (8)  OJ L 56, 3.3.2017, p. 131.

      (9)  OJ L 36, 11.2.2017, p. 47.

      (10)  OJ C 67, 3.3.2017, p. 16.

      (11)  OJ L 238, 16.9.2017, p. 22.

      (12)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

      (13)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).


title: Commission Implementing Regulation (EU) 2017/2057 of 10 November 2017 concerning the non-approval of Achillea millefolium L. as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (Text with EEA relevance. )

text:
               11.11.2017

               EN

               Official Journal of the European Union

               L 294/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2057
   of 10 November 2017
   concerning the non-approval of Achillea millefolium L. as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 10 July 2015 an application from the Institut Technique de l'Agriculture Biologique (ITAB) for the approval of Millefolii herba as a basic substance. That application was accompanied by the information required under the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009.

               (2)

               The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority provided the Commission with a Technical Report on the substance concerned on 29 September 2016 (2). The Commission presented the review report (3) and the draft of this Regulation on the non-approval of Millefolii herba to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2017 and finalised them for the meeting of that Committee on 6 October 2017.

               (3)

               During the consultation organised by the Authority, the applicant modified the basic substance name to Achillea millefolium L.

               (4)

               The documentation provided by the applicant does not show that Achillea millefolium L. fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4).

               (5)

               Specific concerns were identified, in the Technical Report of the Authority, regarding exposure to the infusion and the components alpha- and beta-thujone, camphor and 1,8-cineole specifically through pesticide use. Concerns were identified regarding possible adverse effects for pregnant women and on sperm parameters as well as regarding the endocrine-disrupting potential. As a result, the assessment of the risk to operators, workers, bystanders, consumers and non-target organisms could not be finalised.

               (6)

               The Commission invited the applicant to submit its comments on the Technical Report of the Authority and on the draft review report. The applicant submitted its comments, which have been carefully examined.

               (7)

               However, despite the arguments put forward by the applicant, the concerns related to the substance cannot be eliminated.

               (8)

               Consequently, as laid down in the Commission review report, it has not been established that the requirements laid down in Article 23 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to approve Achillea millefolium L. as a basic substance.

               (9)

               This Regulation does not prejudice the submission of a further application for the approval of Achillea millefolium L. as a basic substance in accordance with Article 23(3) of Regulation (EC) No 1107/2009.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The substance Achillea millefolium L. is not approved as a basic substance.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for Millefolii herba — Yarrow infusion for use in plant protection as fungicide and insecticide on various crops and to prevent freezing. EFSA supporting publication 2016:EN-1093.

      (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN

      (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).