title: Council Implementing Regulation (EU) No 474/2011 of 3 May 2011 amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating, inter alia, in the People’s Republic of China

text:
               18.5.2011

               EN

               Official Journal of the European Union

               L 131/2

         COUNCIL IMPLEMENTING REGULATION (EU) No 474/2011
   of 3 May 2011
   amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating, inter alia, in the People’s Republic of China
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 13(3), 14(3) and 14(5) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               By Regulation (EC) No 1425/2006 (2) (‘the original Regulation’), the Council imposed definitive anti-dumping duties on imports into the Union of certain plastic sacks and bags, originating, inter alia, in the People’s Republic of China (‘PRC’). Given the large number of cooperating Chinese exporting producers, a sample of exporting producers was selected and individual duty rates ranging from 4,8 % to 12,8 % were imposed on companies included in the sample, while on other cooperating companies not included in the sample and listed in Annex I to the original Regulation was imposed a duty rate of 8,4 %. A duty rate of 28,8 % (‘residual duty rate’) was imposed on Chinese companies which either did not make themselves known or did not cooperate with the investigation of dumping which covered the period from 1 April 2004 to 31 March 2005 (‘the original investigation’).

               (2)

               By Regulation (EC) No 189/2009 (3), amending the original Regulation, and in accordance with Article 2 of the original Regulation, three Chinese companies were added to the list of producers from the PRC listed in Annex I.

         1.2.   Ex officio initiation

               (3)

               Prima facie evidence at the disposal of the Commission indicated that, following the imposition of measures, a change in the pattern of trade involving exports from the PRC to the Union took place for which there was insufficient due cause or justification other than the imposition of the duties in force. This change in the pattern of trade appeared to stem from exports to the Union of the product concerned produced by Chinese exporting producers subject to the residual duty rate through a Chinese exporting producer benefiting from a lower duty rate, namely the company Xiamen Xingxia Polymers Co., Ltd (‘Xiamen’) listed in Annex I to the original Regulation.

               (4)

               Furthermore, the evidence pointed to the fact that the remedial effects of the existing anti-dumping measures on the product concerned were being undermined in terms of prices. There was sufficient prima facie evidence that the imports of the product concerned were at prices well below the non-injurious price established in the original investigation that led to the existing measures.

               (5)

               Finally, the Commission had sufficient prima facie evidence at its disposal that the prices of the product concerned are dumped in relation to the normal value previously established.

               (6)

               Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission adopted Regulation (EU) No 748/2010 (4) initiating an investigation of the alleged circumvention of the anti-dumping measures (‘the initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of the product concerned declared as having been manufactured by Xiamen under the specific TARIC additional code A981 attributed to them in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports.

         1.3.   Investigation

               (7)

               The Commission officially advised the authorities of the PRC, Xiamen, as well as the companies allegedly having their products exported through Xiamen (‘the other exporting producers’) of the initiation of the investigation and sent questionnaires. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. Interested parties were also informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being made on the basis of the facts available.

               (8)

               No replies were received from the other exporting producers and an incomplete reply was received from Xiamen.

         1.4.   Investigation period

               (9)

               The investigation period (‘IP’) was the period from 1 January 2009 to 30 June 2010. Data was collected for the period from January 2006 up to the end of the IP to investigate the alleged change in the pattern of trade and the other aspects set out in Article 13 of the basic Regulation.

         2.   RESULTS OF THE INVESTIGATION

   2.1.   General considerations/degree of cooperation/methodology

               (10)

               Xiamen submitted an incomplete and partial reply to the questionnaire. The Commission services sent a letter to Xiamen, identifying the deficiencies of its questionnaire reply and requesting complete and coherent information, to which Xiamen did not react. In addition, Xiamen refused a proposed verification of the data at its premises.

               (11)

               Consequently Xiamen was informed that, under these circumstances, the Commission considers the company as non-cooperating, in accordance with Article 18 of the basic Regulation, and that findings would be based on the facts available. Xiamen was also made aware that the result of the investigation might be less favourable than if it had fully cooperated. Xiamen did not react to this letter.

               (12)

               In view of the above and given that no statistical data were available to determine export volumes and prices at company level during the IP, findings in respect of the alleged circumvention had to be made on the basis of facts available in accordance with Article 18 of the basic Regulation, namely those based on the evidence received from Member States’ customs authorities and on the non-verified partial reply, submitted by Xiamen, to the questionnaire.

         2.2.   Product concerned

               (13)

               The product concerned is plastic sacks and bags, containing at least 20 % by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometers (μm), originating in the People’s Republic of China, currently falling within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923210020, 3923291020, and 3923299020).

         2.3.   Change in the pattern of trade

               (14)

               In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was carried out by analysing whether there was a change in the pattern of trade between individual companies in the PRC and the Union, which stems from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty, and where there is evidence of injury or that the remedial effects of the duty are being undermined in terms of the prices and/or quantities of the product concerned, and where there is evidence of dumping in relation to the normal values previously established for the like product.

               (15)

               Given that Eurostat data cannot be used to determine export volumes and prices at company level since only aggregated countrywide data are provided and no other statistical data at company level are available, export volumes and prices reported by Xiamen in its partial questionnaire reply were used.

               (16)

               According to the information received from Xiamen, sales to the Union increased significantly after the imposition of measures in September 2006. For some periods, the exports doubled, compared to the sampling period used in the original investigation and prices reported were below the average EU target price established during the original investigation.

         2.4.   Insufficient due cause or economic justification other than the imposition of anti-dumping duties

               (17)

               In addition to the increase in sales volume, it was noted that according to the information submitted in the original investigation for the sampling exercise, Xiamen declared that it had no related companies and no production outside its main factory. In its partial reply to the anti-circumvention questionnaire, Xiamen reported that during the IP it outsourced certain production steps, such as colour printing or bagging, and that sometimes it sells raw materials to the contracting companies.

               (18)

               The partial questionnaire reply confirmed that the contracting companies mentioned by Xiamen are the other exporters which were, according to the prima facie evidence, allegedly channelling exports to the Union. However, the reply also revealed that it is not a matter of an outsourcing arrangement where the ownership of the raw material and the finished goods stay with the company giving the outsourcing order, but goes beyond for the reasons stated below.

               (19)

               In all cases of sales reported as ‘partly processed’, payment by the European clients was reported as being made not to Xiamen but to the bank accounts of the two companies allegedly involved in channelling. These sales account for more than 20 % of all EU sales in 2009. Moreover, the list of sales transactions submitted by Xiamen reveals diverse invoicing methodologies which differ in alphanumeric structure and length. With regard to sales reported as ‘partly processed’ via one of the two companies, representing the majority of those sales, it appears that the invoice number includes two letters referring to the company name of the company allegedly channelling. Moreover, the two companies are located around 1 000 km away from Xiamen, which puts into question the economic justification of such an arrangement.

               (20)

               In addition, it cannot be excluded that more sales than those identified in the detailed list of sales transactions submitted by Xiamen are affected by the alleged channelling as, according to production and capacity statistics also submitted by Xiamen, more than 40 % of its production in 2007, 2008 and 2009 were declared as outsourced.

               (21)

               It was also noted that sales reported as ‘partly processed’ stopped in October 2009, i.e. after the customs authorities of certain Member States refused to apply the individual anti-dumping duty rate of Xiamen to certain imports apparently produced by the other exporting producers.

               (22)

               The above leads, therefore, to the conclusion that a change in the pattern of trade has taken place following the imposition of measures on the product concerned for which there is no due cause or economic justification other than the avoidance of the residual anti-dumping duty rate in force.

         2.4.1.   Undermining the anti-dumping duty’s remedial effect on injury

               (23)

               The increase of imports declared under the name of Xiamen was significant in terms of quantities. According to its questionnaire reply, Xiamen nearly doubled its sales to the EU in 2007 and 2008, compared to the sales reported during the period of the original investigation, which was mainly due to the involvement of the other exporting producers. The comparison of the average EU target price established during the original investigation and the weighted average export price reported during the IP shows underselling.

               (24)

               The conclusion is therefore that the practice described above undermines the measures’ remedial effects on injury, both in terms of quantities and prices.

         2.4.2.   Evidence of dumping

               (25)

               Finally, in accordance with Article 13(1) and (2) of the basic Regulation, it was examined whether there was evidence of dumping in relation to the normal value previously established.

               (26)

               The comparison of the weighted average normal value as established during the original investigation (where normal value was established on the basis of an analogue country, Malaysia) and the weighted average export price during the current IP as reported by Xiamen in its partial questionnaire reply shows a dumping margin exceeding the dumping margin established during the original investigation for non-sampled companies.

         3.   MEASURES

               (27)

               Given the above, and in application of Article 18 of the basic Regulation, it was concluded that a change in the pattern of trade has taken place, in accordance with Article 13(1) of the basic Regulation. By virtue of the second sentence of Article 13(1) of the basic Regulation, the residual anti-dumping duty rate on imports of the product concerned originating in the PRC should therefore be extended to imports of the same product declared as having been manufactured by Xiamen. In practical terms, TARIC additional code A999 should be declared for those imports from the entry into force of this Regulation.

               (28)

               Furthermore, in order to enable a more detailed monitoring, henceforth, of the trade flows concerning the non-sampled companies, a TARIC additional code will be attributed to each non-sampled company listed in Annex I to the original Regulation.

               (29)

               In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measure is to apply to imports which entered the Union under registration imposed by the initiating Regulation, duties should be collected on those registered imports consigned from Xiamen.

         4.   DISCLOSURE

               (30)

               Interested parties were informed of the essential facts and considerations on the basis of which the Council intended to extend the residual anti-dumping duty rate in force to Xiamen and were given the opportunity to comment and to be heard. No comments which were of a nature to change the above conclusions were received,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty of 28,8 % applicable to ‘all other companies’ imposed by Regulation (EC) No 1425/2006 on imports of certain plastic sacks and bags originating in the People’s Republic of China is hereby extended to imports declared as having been manufactured by XIAMEN XINGXIA POLYMERS CO., LTD.
   2.   The table in Article 1(2) of Regulation (EC) No 1425/2006 is hereby replaced by the following table:

                  ‘Country

                  Company

                  AD duty rate (%)

                  TARIC additional code

                  The People’s Republic of China

                  Cedo (Shanghai) Limited and Cedo (Shanghai) Household Wrappings, Shanghai

                  7,4

                  A757

                  Jinguan (Longhai) Plastics Packing Co., Ltd, Longhai

                  5,1

                  A758

                  Sunway Kordis (Shanghai) Ltd and Shanghai Sunway Polysell Ltd, Shanghai

                  4,8

                  A760

                  Suzhou Guoxin Group Co., Ltd, Suzhou Guoxin Group Taicang Yihe Import & Export Co., Ltd, Taicang Dongyuan Plastic Co., Ltd and Suzhou Guoxin Group Taicang Giant Packaging Co., Ltd, Taicang

                  7,8

                  A761

                  Wuxi Jiayihe Packaging Co., Ltd and Wuxi Bestpac Packaging Co., Ltd, Wuxi

                  12,8

                  A763

                  Zhong Shan Qi Yu Plastic Products Co. Ltd, Zhongshan

                  5,7

                  A764

                  Huizhou Jun Yang Plastics Co., Ltd, Huizhou

                  4,8

                  A765

                  Xinhui Alida Polythene Limited, Xinhui

                  4,3

                  A854

                  Companies listed in Annex I

                  8,4

                  See Annex I

                  All other companies

                  28,8

                  A999

                  Thailand

                  King Pac Industrial Co., Ltd, Chonburi and Dpac Industrial Co., Ltd, Bangkok

                  14,3

                  A767

                  Multibax Public Co., Ltd, Chonburi

                  5,1

                  A768

                  Naraipak Co. Ltd and Narai Packaging (Thailand) Ltd, Bangkok

                  10,4

                  A769

                  Sahachit Watana Plastic Industry Co., Ltd, Bangkok

                  6,8

                  A770

                  Thai Plastic Bags Industries Co., Ltd, Nakornpathorn

                  5,8

                  A771

                  Companies listed in Annex II

                  7,9

                  A772

                  All other companies

                  14,3

                  A999’

   3.   Annex I to Regulation (EC) No 1425/2006 is hereby replaced by the text as set out in the Annex to this Regulation.
   Article 2
   1.   The duty extended by Article 1 shall be collected on imports registered in accordance with Article 2 of Regulation (EU) No 748/2010.
   2.   The provisions in force concerning customs duties shall apply.
   Article 3
   Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 748/2010.
   Article 4
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. However, Article 2 shall apply from the day of entry into force of Regulation (EU) No 748/2010.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 May 2011.

            For the Council

            The President

         MARTONYI J.

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

      (2)  OJ L 270, 29.9.2006, p. 4.

      (3)  OJ L 67, 12.3.2009, p. 5.

      (4)  OJ L 219, 20.8.2010, p. 1.

      ANNEX

            ‘ANNEX I

               CHINESE COOPERATING EXPORTING PRODUCERS NOT SAMPLED

                        Company

                        City

                        TARIC additional code

                        BAO XIANG PLASTIC BAG MANUFACTURING (SHENZHEN) CO., LTD

                        Shenzhen

                        B014

                        BEIJING LIANBIN PLASTIC & PRINTING CO., LTD

                        Beijing

                        B015

                        CHANGLE BEIHAI PLASTIC PRODUCTS CO., LTD

                        Zhuliu

                        B016

                        CHANGLE UNITE PLASTIC PRODUCTS CO., LTD

                        Changle

                        B017

                        CHANGLE HUALONG PLASTIC PRODUCTS CO., LTD

                        Changle

                        B018

                        CHANGLE SANDELI PLASTIC PRODUCTS CO., LTD

                        Changle

                        B019

                        CHANGLE SHENGDA RUBBER PRODUCTS CO., LTD

                        Changle

                        B020

                        CHANGZHOU HUAGUANG PLASTIC PRODUCTS CO., LTD

                        Wujin

                        B021

                        CHEONG FAT PLASTIC BAGS (CHINA) PRINTING FACTORY

                        Shenzhen

                        B022

                        CHUN HING PLASTIC PACKAGING MANUFACTORY LTD

                        Hong Kong

                        B023

                        CHUN YIP PLASTICS (SHENZHEN) LIMITED

                        Shenzhen

                        B024

                        CROWN POLYETHYLENE PRODUCTS (INT’L) LTD

                        Hong Kong

                        B025

                        DALIAN JINSHIDA PACKING PRODUCTS CO., LTD

                        Dalian

                        B026

                        DONG GUAN HARBONA PLASTIC & METALS FACTORY CO., LTD

                        Dongguan

                        B027

                        DONGGUAN CHERRY PLASTIC INDUSTRIAL, LTD

                        Dongguan

                        B028

                        DONGGUAN FIRSTWAY PLASTIC PRODUCTS CO., LTD

                        Dongguan

                        B029

                        DONGGUAN MARUMAN PLASTIC PACKAGING COMPANY LIMITED

                        Dongguan

                        B030

                        DONGGUAN NAN SING PLASTICS LIMITED

                        Dongguan

                        B031

                        DONGGUAN NOZAWA PLASTIC PRODUCTS CO., LTD

                        Dongguan

                        B032

                        DONGGUAN RUI LONG PLASTICS FACTORY

                        Dongguan

                        B033

                        FOSHAN SHUNDE KANGFU PLASTIC PRODUCTS CO., LTD

                        Shunde

                        B034

                        FU YUEN ENTERPRISES CO.

                        Hong Kong

                        B035

                        GOLD MINE PLASTIC INDUSTRIAL LIMITED

                        Jiangmen

                        B036

                        GOOD-IN HOLDINGS LTD

                        Hong Kong

                        B037

                        HANG LUNG PLASTIC FACTORY (SHENZHEN) LTD

                        Shenzhen

                        B038

                        HUIYANG KANLUN POLYETHYLENE MANUFACTURE FACTORY

                        Huizhou

                        B039

                        JIANGMEN CITY XIN HUI HENGLONG PLASTIC LTD

                        Jiangmen

                        B040

                        JIANGMEN TOPTYPE PLASTIC PRODUCTS CO., LTD

                        Jiangmen

                        B041

                        JIANGMEN XINHUI FENGZE PLASTIC COMPANY LTD

                        Jiangmen

                        B042

                        JIANGYIN BRAND POLYTHENE PACKAGING CO., LTD

                        Jiangyin

                        B043

                        JINAN BAIHE PLASTIC CO., LTD

                        Jinan

                        B044

                        JINAN CHANGWEI PLASTIC PRODUCTS CO., LTD

                        Jinan

                        B045

                        JINAN CHENGLIN PLASTIC PRODUCTS COMPANY LTD

                        Jinan

                        B046

                        JINAN MINFENG PLASTIC CO., LTD

                        Jinan

                        B047

                        JINYANG PACKING PRODUCTS (WEIFANG) CO., LTD

                        Qingzhou

                        B048

                        JUXIAN HUACHANG PLASTIC CO., LTD

                        Liuguanzhuang

                        B049

                        JUXIAN HUAYANG PLASTIC PRODUCTS CO., LTD

                        Liuguanzhuang

                        B050

                        KIN WAI POLY BAG PRINTING LTD

                        Hong Kong

                        B051

                        LAIZHOU JINYUAN PLASTICS INDUSTRY & TRADE CO., LTD

                        Laizhou

                        B052

                        LAIZHOU YUANXINYIE PLASTIC MACHINERY CO., LTD

                        Laizhou

                        B053

                        LICK SAN PLASTIC BAGS (SHENZHEN) CO., LTD

                        Shenzhen

                        B054

                        LINQU SHUNXING PLASTIC PRODUCTS CO., LTD

                        Linqu

                        B055

                        LONGKOU CITY LONGDAN PLASTIC CORPORATION LTD

                        Longkou

                        B056

                        NEW CARING PLASTIC MANUFACTORY LTD

                        Jiangmen

                        B057

                        NEW WAY POLYPAK DONGYING CO., LTD

                        Dongying

                        B058

                        NINGBO HUASEN PLASTHETICS CO., LTD

                        Ningbo

                        B059

                        NINGBO MARUMAN PACKAGING PRODUCT CO., LTD

                        Ningbo

                        B060

                        POLY POLYETHYLENE BAGS AND PRINTING CO.

                        Hong Kong

                        B061

                        QINGDAO NEW LEFU PACKAGING CO., LTD

                        Qingdao

                        B062

                        QUANZHOU POLYWIN PACKAGING CO., LTD

                        Nanan

                        B063

                        RALLY PLASTICS CO., LTD ZHONGSHAN

                        Zhongshan

                        B064

                        RIZHAO XINAO PLASTIC PRODUCTS CO., LTD

                        Liuguanzhuang

                        B065

                        DONGGUAN SEA LAKE PLASTIC PRODUCTS MANUFACTURING CO., LTD

                        Dongguan

                        B066

                        SHANGHAI HANHUA PLASTIC PACKAGE PRODUCT CO., LTD

                        Shanghai

                        B067

                        SHANGHAI HUAYUE PACKAGING PRODUCTS CO., LTD

                        Shanghai

                        B068

                        SHANGHAI LIQIANG PLASTICS INDUSTRY CO., LTD

                        Zhangyan

                        B069

                        SHANGHAI MINGYE PLASTICS GOODS COMPANY LIMITED

                        Shanghai

                        B070

                        SHANGHAI QUTIAN TECHNOLOGY INDUSTRY DEVELOPMENT CO., LTD

                        Shanghai

                        B071

                        SHANTOU ULTRA DRAGON PLASTICS LTD

                        Shantou

                        B072

                        SHAOXING YUCI PLASTICS AND BAKELITE PRODUCTS CO., LTD

                        Shangyu

                        B073

                        SHENG YOUNG INDUSTRIAL (ZHONGSHAN) CO., LTD

                        Zhongshan

                        B074

                        SUPREME DEVELOPMENT COMPANY LIMITED

                        Hong Kong

                        B075

                        TAISHING PLASTIC PRODUCTS CO., LTD ZHONGSHAN

                        Zhongshan

                        B076

                        TIANJIN MINGZE PLASTIC PACKAGING CO., LTD

                        Tianjin

                        B077

                        UNIVERSAL PLASTIC & METAL MANUFACTURING LIMITED

                        Hong Kong

                        B078

                        WAI YUEN INDUSTRIAL AND DEVELOPMENT LTD

                        Hong Kong

                        B079

                        WEIFANG DESHUN PLASTIC PRODUCTS CO., LTD

                        Changle

                        B080

                        WEIFANG HENGSHENG RUBBER PRODUCTS CO., LTD

                        Changle

                        B081

                        WEIFANG HONGYUAN PLASTIC PRODUCTS CO., LTD

                        Changle

                        B082

                        WEIFANG HUASHENG PLASTIC PRODUCTS CO., LTD

                        Changle

                        B083

                        WEIFANG KANGLE PLASTICS CO., LTD

                        Changle

                        B084

                        WEIFANG LIFA PLASTIC PACKING CO., LTD

                        Weifang

                        B085

                        WEIFANG XINLI PLASTIC PRODUCTS CO., LTD

                        Weifang

                        B086

                        WEIFANG YUANHUA PLASTIC PRODUCTS CO., LTD

                        Weifang

                        B087

                        WEIFANG YUJIE PLASTIC PRODUCTS CO., LTD

                        Weifang

                        B088

                        WEIHAI WEIQUAN PLASTIC AND RUBBER PRODUCTS CO., LTD

                        Weihai

                        B089

                        WINNER BAGS PRODUCT COMPANY (SHENZHEN) LIMITED

                        Shenzhen

                        B090

                        WUI HING PLASTIC BAGS PRINTING (SHENZHEN) COMPANY LIMITED

                        Shenzhen

                        B091

                        XIAMEN EGRET PLASTICS CO., LTD

                        Gaoqi

                        B092

                        XIAMEN GOOD PLASTIC CO., LTD

                        Xiamen

                        B109

                        XIAMEN RICHIN PLASTIC CO., LTD

                        Xiamen

                        B093

                        XIAMEN UNITED OVERSEA ENTERPRISES LTD

                        Xiamen

                        B094

                        XIAMEN XINGYATAI PLASTIC INDUSTRY CO., LTD

                        Xiamen

                        B095

                        XINTAI CHUNHUI MODIFIED PLASTIC CO., LTD

                        Xintai

                        B096

                        YANTAI BAGMART PACKAGING CO., LTD

                        Yantai

                        B097

                        YANTAI LONGQUAN PLASTIC AND RUBBER PRODUCTS CO., LTD

                        Yantai

                        B098

                        YAU BONG POLYBAGS PRINTING CO., LTD

                        Hong Kong

                        B099

                        YINKOU FUCHANG PLASTIC PRODUCTS. CO., LTD

                        Yingkou

                        B100

                        YONGCHANG (CHANGLE) PLASTIC INDUSTRIES CO., LTD

                        Weifang

                        B101

                        ZHANGJIAGANG YUANHEYI PAPER & PLASTIC COLOR PRINTING & PACKING CO., LTD

                        Zhangjiagang

                        B102

                        ZHONGSHAN DONGFENG HUNG WAI PLASTIC BAG MFY.

                        Zhongshan

                        B103

                        ZHONGSHAN HUANGPU TOWN LIHENG METAL & PLASTIC FACTORY

                        Zhongshan

                        B104

                        ZHUHAI CHINTEC PACKING TECHNOLOGY ENTERPRISE CO., LTD

                        Zhuhai

                        B105

                        ZIBO WEIJIA PLASTIC PRODUCTS CO., LTD

                        Zibo

                        B106’


title: Commission Implementing Regulation (EU) 2015/1981 of 4 November 2015 approving Formaldehyde released from N,N-Methylenebismorpholine as an existing active substance for use in biocidal products for product-types 6 and 13 (Text with EEA relevance)

text:
               5.11.2015

               EN

               Official Journal of the European Union

               L 289/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1981
   of 4 November 2015
   approving Formaldehyde released from N,N-Methylenebismorpholine as an existing active substance for use in biocidal products for product-types 6 and 13
   (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.

               (2)

               That list includes N,N-Methylenebismorpholine, to be renamed formaldehyde released from N,N-Methylenebismorpholine (hereafter referred to as ‘MBM’), as the result of its evaluation.

               (3)

               MBM has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in product-type 6, in-can preservatives, and product-type 13, metalworking-fluid preservatives, as defined in Annex V to that Directive, which correspond respectively to product-types 6 and 13 as defined in Annex V to Regulation (EU) No 528/2012.

               (4)

               Austria was designated as evaluating competent authority and submitted the assessment reports, together with its recommendations, to the Commission on 25 July 2013 in accordance with paragraphs 4 and 6 of Article 14 of Commission Regulation (EC) No 1451/2007 (4).

               (5)

               In accordance with Article 7(1)(b) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 3 October 2014 by the Biocidal Product Committee, having regard to the conclusions of the evaluating competent authority.

               (6)

               According to those opinions, biocidal products used for product-types 6 and 13 and containing MBM may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC provided that certain conditions concerning its use are complied with.

               (7)

               It is therefore appropriate to approve MBM for use in biocidal products for product-types 6 and 13 subject to compliance with the specific conditions in the Annex.

               (8)

               The opinions conclude that MBM meets the criteria for classification as carcinogenic category 1B in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (5).

               (9)

               Since pursuant to Article 90(2) of Regulation (EU) No 528/2012, substances for which the Member States' evaluation has been completed by 1 September 2013 should be approved in accordance with Directive 98/8/EC, the period of approval should be 5 years in accordance with the practice established under that Directive.

               (10)

               For the purposes of Article 23 of Regulation (EU) No 528/2012 however, MBM meets the conditions of Article 10(1)(a) of that Regulation and should therefore be considered a candidate for substitution.

               (11)

               Furthermore, pursuant to point 10 of Annex VI to Regulation (EU) No 528/2012, the competent authorities should also evaluate whether the conditions of Article 5(2) can be satisfied to decide if a biocidal product containing MBM can be authorised or not.

               (12)

               Since MBM meets the criteria for classification as carcinogenic category 1B, and as skin sensitiser category 1 as defined in Annex I to Regulation (EC) No 1272/2008, treated articles treated with or incorporating MBM should be appropriately labelled when placed on the market.

               (13)

               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.

               (14)

               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
   Formaldehyde released from N,N-Methylenebismorpholine is approved as an active substance for use in biocidal products for product-types 6 and 13, 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, 4 November 2015.

            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).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      (4)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

      (5)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, 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

                  Formaldehyde released from N,N-Methylenebismorpholine (hereafter referred to as ‘MBM’)

                  IUPAC Name:
                  N,N-Methylenebismorpholine
                  EC No: 227-062-3
                  CAS No: 5625-90-1

                  92,1 % w/w

                  1 April 2017

                  31 March 2022

                  6

                  MBM is considered a candidate for substitution in accordance with Article 10(1)(a) of Regulation (EU) No 528/2012.
                  The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance. In addition, pursuant to point 10 of Annex VI to Regulation (EU) No 528/2012, the product assessment shall include an evaluation as to whether the conditions of Article 5(2) of Regulation (EU) No 528/2012 can be satisfied.
                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              Products shall only be authorised for use in Member States where at least one of the conditions set in Article 5(2) of Regulation (EU) No 528/2012 is met.

                              (2)

                              For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

                              (3)

                              In view of the risks to professional users, mixing and loading of products to formulation vessels shall be automated, unless it can be demonstrated that potential exposure of skin, eye and respiratory tracts to MBM can be reduced to an acceptable level by other means.

                        The placing on the market of treated articles is subject to the following condition:
                  The person responsible for the placing on the market of a treated article treated with or incorporating MBM shall ensure that the label of that treated article provides the information listed in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

                  13

                  MBM is considered a candidate for substitution in accordance with Article 10(1)(a) of Regulation (EU) No 528/2012.
                  The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance. In addition, pursuant to point 10 of Annex VI to Regulation (EU) No 528/2012, the product assessment shall include an evaluation as to whether the conditions of Article 5(2) of Regulation (EU) No 528/2012 can be satisfied.
                  The authorisations of biocidal products are subject to the following conditions:

                              (1)

                              Products shall only be authorised for use in Member States where at least one of the conditions set in Article 5(2) of Regulation (EU) No 528/2012 is met.

                              (2)

                              For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

                              (3)

                              In view of the risks to professional users, mixing and loading of products to formulation vessels shall be automated, unless it can be demonstrated that potential exposure of skin, eye and respiratory tracts to MBM can be reduced to an acceptable level by other means.

                        The placing on the market of treated articles is subject to the following condition:
                  The person responsible for the placing on the market of a treated article treated with or incorporating MBM shall ensure that the label of that treated article provides the information listed in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 16(2) of Directive 98/8/EC. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.


title: Commission Implementing Regulation (EU) No 1223/2014 of 14 November 2014 amending Regulation (EEC) No 2454/93 as regards the simplified discharge of the inward processing procedure  Text with EEA relevance

text:
               15.11.2014

               EN

               Official Journal of the European Union

               L 330/37

         COMMISSION IMPLEMENTING REGULATION (EU) No 1223/2014
   of 14 November 2014
   amending Regulation (EEC) No 2454/93 as regards the simplified discharge of the inward processing procedure
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
   Whereas:

               (1)

               Article 544 of Commission Regulation (EEC) No 2454/93 (2) provides for a simplification in the discharge of the inward processing procedure. Under that simplification, certain import goods are regarded as having been re-exported or exported, although they were actually put on the Union market without a subsequent customs declaration and payment of import duties.

               (2)

               Article 544(c) of Regulation (EEC) No 2454/93 covers the delivery of civil aircraft. The simplification in the discharge of the inward processing procedure regarding civil aircraft enhances the competitiveness of the aviation industry at international level and contributes to the creation of added value in the Union.

               (3)

               The scope of Article 544(c) of Regulation (EEC) No 2454/93 should be extended to military aircraft so that those aircraft benefit from the simplified discharge of the inward processing procedure in the same way as civil aircraft.

               (4)

               Regulation (EEC) No 2454/93 should therefore be amended accordingly.

               (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
   In Article 544 of Regulation (EEC) No 2454/93, point (c) is replaced by the following:

                  ‘(c)

                  the delivery of aircraft; however, the supervising office shall allow the arrangements to be discharged once import goods have been used for the first time for the manufacture, repair, modification or conversion of aircraft or parts thereof, on condition that the records of the holder are such as to make it possible to verify that the arrangements are being correctly applied and operated;’

   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, 14 November 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 302, 19.10.1992, p. 1.

      (2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).


title: Commission Implementing Regulation (EU) No 440/2014 of 29 April 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               30.4.2014

               EN

               Official Journal of the European Union

               L 128/79

         COMMISSION IMPLEMENTING REGULATION (EU) No 440/2014
   of 29 April 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 April 2014.

            For the Commission,

            On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  CL

                  173,8

                  MA

                  42,9

                  MK

                  105,0

                  TN

                  89,9

                  TR

                  83,5

                  ZZ

                  99,0

                  0707 00 05

                  AL

                  41,5

                  MA

                  39,8

                  TR

                  133,0

                  ZZ

                  71,4

                  0709 93 10

                  MA

                  70,8

                  TR

                  88,1

                  ZZ

                  79,5

                  0805 10 20

                  EG

                  45,5

                  IL

                  73,9

                  MA

                  51,2

                  TN

                  64,4

                  TR

                  57,0

                  ZZ

                  58,4

                  0805 50 10

                  MA

                  35,6

                  TR

                  85,1

                  ZZ

                  60,4

                  0808 10 80

                  AR

                  108,6

                  BR

                  84,5

                  CL

                  105,2

                  CN

                  98,7

                  MK

                  26,2

                  NZ

                  130,5

                  US

                  170,5

                  ZA

                  123,3

                  ZZ

                  105,9

                  0808 30 90

                  AR

                  90,6

                  CL

                  146,3

                  CN

                  83,2

                  TR

                  97,0

                  ZA

                  109,4

                  ZZ

                  105,3

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