title: Commission Implementing Regulation (EU) No 827/2012 of 29 June 2012 laying down implementing technical standards with regard to the means for public disclosure of net position in shares, the format of the information to be provided to the European Securities and Markets Authority in relation to net short positions, the types of agreements, arrangements and measures to adequately ensure that shares or sovereign debt instruments are available for settlement and the dates and period for the determination of the principal venue for a share according to Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps  Text with EEA relevance

text:
               18.9.2012

               EN

               Official Journal of the European Union

               L 251/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 827/2012
   of 29 June 2012
   laying down implementing technical standards with regard to the means for public disclosure of net position in shares, the format of the information to be provided to the European Securities and Markets Authority in relation to net short positions, the types of agreements, arrangements and measures to adequately ensure that shares or sovereign debt instruments are available for settlement and the dates and period for the determination of the principal venue for a share according to Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps
   (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 236/2012 of 14 March 2012 of the European Parliament and of the Council on short selling and certain aspect of credit default swaps (1) and in particular Articles 9(6), 11(4), 12(2), 13(5) and 16(4) thereof,
   After consulting the European Data Protection Supervisor,
   Whereas:

               (1)

               This Regulation aims to determine the list of exempted shares as a necessary step for the disclosure to the public of short positions in all non-exempted shares and the conditions under which that information should be sent to the European Securities and Markets Authority (hereinafter “ESMA”). It is therefore essential that rules also be laid down regarding arrangements and measures to be adopted with respect to those non-exempted shares. To ensure coherence between those provisions on short selling which should enter into force at the same time, and to facilitate a comprehensive view and compact access to them by persons subject to those obligations, it is appropriate to include all the implementing technical standards required by Regulation (EU) No 236/2012 in a single Regulation.

               (2)

               To ensure the uniform application of Regulation (EU) No 236/2012 in relation to the information to be provided to ESMA by competent authorities and to achieve the efficient processing of that information, it should be exchanged electronically in a secure way using a standard template.

               (3)

               It is important to allow easy access to and re-use of the data on net short positions that is disclosed to the market through central websites operated or supervised by a competent authority. To this end, these data should be provided in a format that allows for flexible use of data and that does not offer only the possibility of static, facsimile documents. Wherever technically possible, machine-readable formats should be used to enable users to process the information in a structured and cost-efficient way.

               (4)

               In order to ensure the publicity of this information to the market, in addition to disclosure on the central website operated or supervised by a competent authority, it should be possible to make available the details of a net short position to the public in other ways.

               (5)

               It is essential for users to have two basic outputs when making public individual net short positions in shares above the relevant publication threshold. These should comprise a compact list or table of the net short positions above the publication threshold that are outstanding at the time of consultation of the central website and a list or table with historical data on all individual net short positions published.

               (6)

               When a net short position in shares falls below a relevant disclosure threshold, the details, including the actual size of the position, should be published. In order to avoid confusion for users consulting the central websites, disclosures of positions that have fallen below 0,5 % of the issued share capital of the company concerned should not remain indefinitely alongside the live positions but should be available as historical data after being displayed for 24 hours.

               (7)

               In order to provide for a consistent and clear framework which is nevertheless flexible, it is important to specify the types of agreement to borrow and other enforceable claims having similar effect and the types of arrangement with a third party that adequately ensure that shares or sovereign debt instruments will be available for settlement, and specify the criteria such agreements and arrangements must fulfil.

               (8)

               The use of rights to subscribe for new shares in relation to a short sale may adequately ensure availability for settlement only where the arrangement is such that settlement of the short sale is ensured when it is due. Therefore, it is essential to specify rules to ensure that the shares resulting from the subscription rights are available on or before the settlement date and in a quantity at least equivalent to the number of shares intended to be sold short.

               (9)

               In defining time limited confirmation arrangements, it is important to specify the timeframe for covering a short sale through purchases in a way compatible with different settlement cycles in different jurisdictions.

               (10)

               In order to adequately ensure that instruments are available for settlement where a natural or legal person entering into a short sale has an arrangement with a third party under which that third party has confirmed that the instrument has been located, it is essential that there be confidence that the third party is, when established in a third country, subject to appropriate supervision and that there are appropriate arrangements for exchange of information between supervisors. Such appropriate arrangements could include being a signatory of a memorandum of understanding established by the International Organisation of Securities Commissions (IOSCO).

               (11)

               To ensure proper implementation of the requirement to determine whether the principal trading venue of a share is located outside the Union, transitional arrangements should be put in place for determining for the first time the list of exempted shares under Article 16 of Regulation (EU) No 236/2012. In addition, although the list of exempted shares is effective for a two year period, it is necessary to provide some flexibility as there are cases where a review of that list might be necessary during the two-year period.

               (12)

               In order to ensure consistency, the date of application of this Regulation should be the same as that of Regulation (EU) No 236/2012. However, in order to allow sufficient time for natural and legal persons to process the list of shares exempted pursuant to Regulation (EU) No 236/2012, the preparation of that list and its subsequent publication on the ESMA website should take place sufficiently in advance before the application date of Regulation (EU) No 236/2012. Therefore, the provisions concerning the date and period for principal trading venue calculations, the date of notification to ESMA of shares with a principal trading venue outside the Union and the effectiveness of the list of exempted shares should apply from the date of entry into force of this Regulation.

               (13)

               Since Regulation (EU) No 236/2012 recognised that binding technical standards should be adopted before that Regulation can be usefully applied, and as it is essential to specify before 1 November 2012 the required non-essential elements to facilitate compliance by market participants with that Regulation and enforcement by competent authorities, it is necessary that this Regulation enter into force on the day following its publication.

               (14)

               This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

               (15)

               ESMA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Securities Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (2),

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject Matter
   This Regulation lays down implementing technical standards specifying the following:

               (a)

               the means by which information on net short positions may be disclosed to the public by natural or legal persons as well as the format of information to be provided to the European Securities and Markets Authority (hereinafter “ESMA”) by competent authorities pursuant to Article 9(6) and Article 11(4) of Regulation (EU) No 236/2012;

               (b)

               the types of agreements, arrangements and measures that adequately ensure that the shares are available for settlement and the types of agreements or arrangements that adequately ensure that the sovereign debt is available for settlement pursuant to Article 12(2) and 13(5) of Regulation (EU) No 236/2012;

               (c)

               the date and period for principal trading venue calculations, notification to ESMA and the effectiveness of the relevant list pursuant to 16(4) of Regulation (EU) No 236/2012.

         CHAPTER II

      MEANS FOR PUBLIC DISCLOSURE OF SIGNIFICANT NET SHORT POSITIONS IN SHARES

      [ARTICLE 9 OF REGULATION (EU) No 236/2012]

   Article 2
   Means by which information may be disclosed to the public
   Information on net short positions in shares shall be disclosed to the public by posting it on a central website operated or supervised by the relevant competent authority pursuant to Article 9(4) of Regulation (EU) No 236/2012. The information shall be disclosed to the public through means which:

               (a)

               publish it in the format specified in Annex I in such a way as to allow the public consulting the website to access one or more tables offering all the relevant information on positions per share issuer;

               (b)

               allow users to identify and filter on whether the net short positions in a share issuer at the time of accessing the website has reached or exceeded the relevant publication threshold;

               (c)

               provide for historical data on the published net short positions in a share issuer;

               (d)

               include, whenever technically possible, downloadable files with the published and historical net short positions in a machine-readable format, meaning that the files are sufficiently structured for software applications to identify reliably individual statements of fact and their internal structure;

               (e)

               show for one day, together with the information specified in point (b), the net short positions that are published because they have fallen below the publication threshold of 0,5 % of the issued share capital, before removing and transferring the information to a historical data section.

         CHAPTER III

      FORMAT OF THE INFORMATION TO BE PROVIDED TO ESMA BY COMPETENT AUTHORITIES IN RELATION TO NET SHORT POSITIONS

      [ARTICLE 11 OF REGULATION (EU) No 236/2012]

   Article 3
   Format of the periodic information
   1.   The information to be provided on a quarterly basis to ESMA on net short positions in shares, sovereign debt and credit default swaps pursuant to Article 11(1) of Regulation (EU) No 236/2012 shall be provided by relevant competent authorities in the format specified in Annex II to this Regulation.
   2.   The information referred to in paragraph 1 shall be sent to ESMA electronically through a system established by ESMA that ensures that the completeness, integrity and confidentiality of the information are maintained during its transmission.
   Article 4
   Format of the information to be provided upon request
   1.   A relevant competent authority shall provide the information on net short positions in shares and sovereign debt or on uncovered positions relating to sovereign credit default swaps pursuant to Article 11(2) of Regulation (EU) No 236/2012 in the format specified by ESMA in its request.
   2.   Where information requested relates to information contained in the notification received by the competent authority pursuant to Articles 5, 7 and 8 of Regulation (EU) No 236/2012, that information shall be provided in accordance with the requirements established in Article 2 of Commission Delegated Regulation (EU) No 826/2012 (3).
   3.   Information requested shall be sent by the competent authority in electronic format, using a system established by ESMA for exchanging information that ensures that the completeness, integrity and confidentiality of the information are maintained during its transmission.
   CHAPTER IV

      AGREEMENTS, ARRANGEMENTS AND MEASURES TO ADEQUATELY ENSURE AVAILABILITY FOR SETTLEMENT

      [ARTICLES 12 AND 13 OF REGULATION (EU) No 236/2012]

   Article 5
   Agreements to borrow and other enforceable claims having similar effect
   1.   An agreement to borrow or other enforceable claim referred to in Article 12(1)(b) and Article 13(1)(b) of Regulation (EU) No 236/2012 shall be made by means of the following types of agreement, contract or claim which are legally binding for the duration of the short sale:

               (a)

               futures and swaps: futures and swap contracts leading to a physical settlement of the relevant shares or sovereign debt and covering at least the number of shares or amount of sovereign debt proposed to be sold short by the natural or legal person, entered into prior to or at the same time as the short sale and specifying a delivery or expiration date that ensures settlement of the short sale can be effected when due;

               (b)

               options: options contracts leading to a physical settlement of the relevant shares or sovereign debt and covering at least the number of shares or amount of sovereign debt proposed to be sold short by the natural or legal person, entered into prior to or at the same time as the short sale and specifying an expiration date that ensures settlement of the short sale can be effected when due;

               (c)

               repurchase agreements: repurchase agreements covering at least the number of shares or amount of sovereign debt proposed to be sold short by the natural or legal person, entered into prior to or at the same time as the short sale and specifying a repurchase date that ensures settlement of the short sale can be effected when due;

               (d)

               standing agreements or rolling facilities: an agreement or facility which is entered into prior to or at the same time as the short sale, of a predefined amount of specifically identified shares or sovereign debt, which for the duration of the short sale, covers at least the number of shares or amount of sovereign debt proposed to be sold short by the natural or legal person and specifies a delivery or execution date that ensures settlement of the short sale can be effected when due;

               (e)

               agreements relating to subscription rights: agreements relating to subscription rights where the natural or legal person is in possession of rights to subscribe for new shares of the same issuer and of the same class and covering at least the number of shares proposed to be sold short provided that the natural or legal person is entitled to receive the shares on or before settlement of the short sale;

               (f)

               other claims or agreements leading to delivery of the shares or sovereign debt: agreements or claims which cover at least the number of shares or amount of sovereign debt proposed to be sold short by the natural or legal person, entered into prior to or at the same time as the short sale, and specifying a delivery or an execution date that ensures settlement can be effected when due.

         2.   The agreement, contract or claim shall be provided in a durable medium by the counterparty to the natural or legal person as evidence of the existence of the agreement to borrow or other enforceable claim.
   Article 6
   Arrangements and measures to be taken in relation to short sales of a share admitted to trading on a trading venue
   [Article 12(1)(c) of Regulation (EU) No 236/2012]
   1.   Paragraphs 2, 3 and 4 shall determine the arrangements and measures to be taken in relation to short sales of a share admitted to trading on a trading venue pursuant to Article 12(1)(c) of Regulation (EU) No 236/2012.
   2.   Standard locate arrangements and measures shall mean arrangements, confirmations and measures that include each of the following elements:

               (a)

               for locate confirmations: a confirmation provided by the third party, prior to the short sale being entered into by a natural or legal person, that it considers that it can make the shares available for settlement in due time taking into account the amount of the possible sale and market conditions and which indicates the period for which the share is located;

               (b)

               for put on hold confirmations: a confirmation by the third party, provided prior to the short sale being entered into, that it has at least put on hold the requested number of shares for that person.

         3.   Standard same day locate arrangements and measures shall mean arrangements, confirmations and measures that include each of the following elements:

               (a)

               for requests for confirmation: a request for confirmation from the natural or legal person to the third party which states that the short sale will be covered by purchases during the day on which the short sale takes place;

               (b)

               for locate confirmations: a confirmation provided by the third party prior to the short sale being entered into that it considers that it can make the shares available for settlement in due time taking into account the amount of the possible sale and market conditions, and which indicates the period for which the shares are located;

               (c)

               for easy to borrow or purchase confirmations: a confirmation by the third party, provided prior to the short sale being entered into, that the share is easy to borrow or purchase in the relevant quantity taking into account the market conditions and other information available to that third party on the supply of the shares or, in the absence of this confirmation by the third party, that it has at least put on hold the requested number of shares for the natural or legal person;

               (d)

               for monitoring: an undertaking by the natural or legal person to monitor the amount of the short sale not covered by purchases;

               (e)

               for instructions in the event of failure to cover: an undertaking from the natural or legal person that in the event that executed short sales are not covered by purchases in the same day, the natural or legal person will promptly send an instruction to the third party to procure the shares to cover the short sale to ensure settlement in due time.

         4.   Easy to borrow or purchase arrangements and measures shall mean arrangements, confirmations and measures when the natural or legal person enters into a short sale of shares that meet the liquidity requirements established in Article 22 of Commission Regulation (EC) No 1287/2006 (4), or other shares that are included in the main national equity index as identified by the relevant competent authority of each Member State and are the underlying financial instrument for a derivative contract admitted to trading on a trading venue, that include the following elements:

               (a)

               for locate confirmations: a confirmation provided by the third party prior to the short sale being entered into that it considers that it can make the shares available for settlement in due time taking into account the amount of the possible sale and market conditions and indicating the period for which the share is located;

               (b)

               for easy to borrow or purchase confirmations: a confirmation by the third party, provided prior to the short sale being entered into, that the share is easy to borrow or purchase in the relevant quantity taking into account the market conditions and other information available to that third party on the supply of the shares, or in the absence of this confirmation by the third party, that it has at least put on hold the requested number of shares for the natural or legal person; and

               (c)

               for instructions to cover: when executed short sales will not be covered by purchases or borrowing, a undertaking that a prompt instruction will be sent by the natural or legal person instructing the third party to procure the shares to cover the short sale to ensure settlement in due time.

         5.   The arrangements, confirmations and instructions referred to in paragraphs 2, 3 and 4 shall be provided in a durable medium by the third party to the natural or legal person as evidence of the existence of the arrangements, confirmations and instructions.
   Article 7
   Arrangements with third parties to be taken in relation to sovereign debt
   [Article 13(1)(c) of Regulation (EU) No 236/2012]
   1.   Paragraphs 2 to 5 shall determine the arrangements with third parties to be taken in relation to sovereign debt pursuant to Article 13(1)(c) of Regulation (EU) No 236/2012.
   2.   Standard sovereign debt locate arrangement shall mean a confirmation from the third party, prior to the short sale being entered into, that it considers that it can make the sovereign debt available for settlement in due time, in the amount requested by the natural or legal person, taking into account market conditions and indicating the period for which the sovereign debt is located.
   3.   Time limited confirmation arrangement shall mean an arrangement where the natural or legal person states to the third party that the short sale will be covered by purchases during the same day of the short sale and the third party confirms, prior to the short sale being entered into, that it has a reasonable expectation that the sovereign debt can be purchased in the relevant quantity taking into account the market conditions and other information available to that third party on the supply of the sovereign debt instruments on the day of entering into the short sale.
   4.   Unconditional repo confirmation shall mean a confirmation where the third party confirms, prior to the short sale being entered into, that it has a reasonable expectation that settlement can be effected when due as a result of its participation in a structural based arrangement, organised or operated by a central bank, a debt management office or a securities settlement system that provides unconditional access to the sovereign debt in question for a size consistent with the size of the short sale.
   5.   Easy to purchase sovereign debt confirmation shall mean a confirmation by the third party, provided prior to the short sale being entered into, that it has a reasonable expectation that settlement can be effected when due on the basis that the sovereign debt in question is easy to borrow or purchase in the relevant quantity taking into account the market conditions and any other information available to that third party on the supply of the sovereign debt.
   6.   The arrangements, confirmations and instructions referred to in paragraphs 2 to 5 shall be provided in a durable medium by the third party to the natural or legal person as evidence of the existence of the arrangements, confirmations and instructions.
   Article 8
   Third parties with whom arrangements are made
   1.   Where an arrangement referred to in Articles 6 and 7 is made with a third party, the third party shall be one of the following types:

               (a)

               in the case of an investment firm: an investment firm which meets the requirements set out in paragraph 2;

               (b)

               in the case of a central counterparty: a central counterparty which clears the relevant shares or sovereign debt;

               (c)

               in the case of a securities settlement system: a securities settlement system as defined under Directive 98/26/EC of the European Parliament and of the Council (5) which settles payments in respect of the relevant shares or sovereign debt;

               (d)

               in the case of a central bank: a central bank that accepts the relevant shares or sovereign debt as collateral or conducts open market or repo transactions in relation to the relevant shares or sovereign debt;

               (e)

               in the case of a national debt management entity: the national debt management entity of the relevant sovereign debt issuer;

               (f)

               any other person who is subject to authorisation or registration requirements in accordance with Union law by a member of the European System of Financial Supervision and meets the requirements set out in paragraph 2;

               (g)

               a person established in a third country who is authorised or registered, and is subject to supervision by an authority in that third country and who meets the requirements set out in paragraph 2, provided that the third country authority is a party to an appropriate cooperation arrangement concerning exchange of information with the relevant competent authority.

         2.   For the purposes of points (a), (f) and (g) of paragraph 1, the third party shall meet the following requirements:

               (a)

               participate in the management of borrowing or purchasing of relevant shares or sovereign debt;

               (b)

               provide evidence of such participation;

               (c)

               be able, on request, to provide evidence of its ability to deliver or process the delivery of shares or sovereign debt on the dates it commits to do so to its counterparties including statistical evidence.

         CHAPTER V

      DETERMINATION OF THE PRINCIPAL TRADING VENUE FOR THE EXEMPTION

      [ARTICLE 16 OF REGULATION (EU) No 236/2012]

   Article 9
   Date and period for principal trading venue calculations
   1.   Relevant competent authorities shall make any calculations determining the principal trading venue for a share by at least 35 calendar days before the date of application of Regulation (EU) No 236/2012 in respect of the period between 1 January 2010 and 31 December 2011.
   2.   Subsequent calculations shall be made before 22 February 2014 in respect of the period between 1 January 2012 and 31 December 2013, and every two years thereafter in respect of the subsequent two year period.
   3.   Where the share concerned was not admitted to trading during the whole two-year period on the trading venue in the Union and the third country trading venue, the period for calculation shall be the period during which the share was admitted to trading on both venues concurrently.
   Article 10
   Date of notification to ESMA
   Relevant competent authorities shall notify ESMA of those shares for which the principal trading venue is outside the Union at least 35 calendar days before the date of application of the Regulation (EU) No 236/2012 and thereafter on the day before the first trading day in March every second year commencing from March 2014.
   Article 11
   Effectiveness of the list of exempted shares
   The list of shares for which the principal trading venue is located outside the Union shall be effective as of 1 April following its publication by ESMA, except that the first list published by ESMA shall be effective from the date of entry into application of Regulation (EU) No 236/2012.
   Article 12
   Specific cases of review of exempted shares
   1.   A relevant competent authority which determines whether the principal trading venue for a share is located outside the Union following one of the circumstances set out in paragraph 2 shall ensure that:

               (a)

               any calculations determining the principal trading venue are made as soon as possible after the relevant circumstances arise and in respect of the two year period preceding the date of calculation;

               (b)

               it notifies ESMA of its determination as soon as possible and, where relevant, before the date of admission to trading on a trading venue in the Union.

         Any revised list shall be effective from the day following that of its publication by ESMA.
   2.   The provisions of paragraph 1 apply when:

               (a)

               the shares of a company are removed from trading on a permanent basis on the principal venue located outside the Union;

               (b)

               the shares of a company are removed from trading on a permanent basis on a trading venue in the Union;

               (c)

               the shares of a company that was previously admitted to trading in a trading venue outside the Union are admitted to trading on a trading venue in the Union.

         CHAPTER VI

      FINAL PROVISIONS

   Article 13
   Entry into force
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 November 2012, except for Articles 9, 10 and 11 which shall apply from the date referred to in the first paragraph.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 June 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 86, 24.3.2012, p. 1.

      (2)  OJ L 331, 15.12.2010, p. 84.

      (3)  See page 1 of this Official Journal.

      (4)  OJ L 241, 2.9.2006, p. 1.

      (5)  OJ L 166, 11.6.1998, p. 45.

      ANNEX I

         Public disclosure of significant net short positions (Article 2)

                  Position holder

                  Name of the issuer

                  ISIN

                  Net short position
                  (%)

                  Date position was created, changed or ceased to be held
                  (yyyy-mm-dd)

      ANNEX II

         Format of the information to be provided to ESMA on quarterly basis (Article 3)

                  Information

                  Format

                              1.

                              Issuer identification

                              For shares: full name of the company that has shares admitted to trading on a trading venue

                              For sovereign debt: full name of the issuer

                              For uncovered sovereign credit default swaps: full name of the underlying sovereign issuer

                              2.

                              ISIN

                  For shares only: ISIN of the main class of ordinary shares of the issuer. If there are no ordinary shares admitted to trading, the ISIN of the class of preference shares (or of the main class of preference shares admitted to trading if there are several classes of such shares)

                              3.

                              Country code

                  Two letter code for the sovereign issuer country in accordance with ISO standard 3166-1

                              4.

                              Position date

                  Date for which the position is reported. Format in accordance with ISO standard 8601:2004 (yyyy-mm-dd)

                              5.

                              Daily aggregated net short position on main national index shares

                  Percentage figure rounded to 2 decimal places

                              6.

                              End of quarter aggregated net short position on other shares

                  Percentage figure rounded to 2 decimal places

                              7.

                              Daily aggregated net short positions in sovereign debt

                  Figure of equivalent nominal amount in Euros

                              8.

                              Daily aggregated uncovered positions on credit default swaps of a sovereign issuer

                  Figure of equivalent nominal amount in Euros


title: Council Implementing Regulation (EU) No 392/2014 of 14 April 2014 terminating the partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not

text:
               17.4.2014

               EN

               Official Journal of the European Union

               L 115/17

         COUNCIL IMPLEMENTING REGULATION (EU) No 392/2014
   of 14 April 2014
   terminating the partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not
   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 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) and in particular Articles 11(3) and 13(4) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE
   1.1.   MEASURES IN FORCE

               (1)

               By Regulation (EC) No 599/2009 (2) the Council imposed a definitive anti-dumping duty on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, 3826 00 10 and ex 3826 00 90 originating in the United States of America (‘measures in force’).

               (2)

               By Implementing Regulation (EU) No 444/2011 (3), following an anti-circumvention investigation, the Council extended the definitive anti-dumping duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘measures in force as extended’).

         1.2.   REQUEST FOR A REVIEW

               (3)

               A request for a partial interim review (‘the review request’) pursuant to Articles 11(3) and 13(4) of Regulation (EC) No 1225/2009 (‘the basic Regulation’) was lodged by Ocean Nutrition Canada (‘the applicant’), an exporting producer from Canada.

               (4)

               The review request was limited in scope to the examination of the possibility of granting an exemption from the measures in force as extended, as far as the applicant is concerned.

               (5)

               In the review request the applicant claimed that it is a genuine producer of biodiesel and that it is able to produce the entire quantity of biodiesel that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the measures in force as extended.

               (6)

               The investigation period which was taken into consideration for the anti-circumvention investigation, covered the period from 1 April 2009 to 30 June 2010 (‘the original investigation period’). The investigation period for the present investigation covered the period from 1 April 2012 to 31 March 2013 (‘the investigation period’).

               (7)

               The applicant provided prima facie evidence that it had been established as a producer of biodiesel in Canada long before the imposition of the measures in force. In addition, the applicant claimed that it is not related to any producer of biodiesel located in the United States of America.

         1.3.   INITIATION OF A PARTIAL INTERIM REVIEW

               (8)

               Having determined, after consulting the Advisory Committee, that the review request contained sufficent prima facie evidence to justify the initiation of a partial interim review, by a notice published in the Official Journal of the European Union
                   (4) (‘the notice of initiation’), the Commission initiated, on 30 April 2013, a partial interim review pursuant to Articles 11(3) and 13(4) of the basic Regulation limited to the examination of the possibility of granting an exemption from the measures in force as extended as far as the applicant is concerned.

         1.4.   INTERESTED PARTIES

               (9)

               The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to a request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested.

               (10)

               The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada.

         2.   FINDINGS OF THE INVESTIGATION AND TERMINATION OF THE REVIEW

               (11)

               The investigation established that the applicant is a genuine producer of biodiesel and that it is not related to any producer of biodiesel located in the United States of America.

               (12)

               As a result of the findings made during the on-the-spot visits at its premises in Canada, the applicant was requested to submit further information proving that its production capacity was sufficient in order to support its volume of sales during the investigation period.

               (13)

               Notwithstanding several extensions of the deadline, the applicant did not provide to the Commission the information requested.

               (14)

               Furthermore, the investigation showed that after the entry into force of the measures in force as extended, the applicant might have exported the product concerned to the Union under a CN code not subject to those measures. The applicant was invited by the Commission to justify the use of that CN code. However, it did not provide any information or any other evidence showing that those exports should be covered by the CN code not subject to the measures in force as extended.

               (15)

               On the basis of the above, it is considered that the applicant has failed to demonstrate that it was able to produce the entire quantity of biodiesel that it shipped to the Union since the start of the original investigation period. Notwithstanding the fact that the applicant did not provide the information requested by the Commission, it did not provide any other evidence showing that it was not involved in circumvention practices. For that reason, the review investigation should be terminated without granting the applicant an exemption from the measures in force as extended.

               (16)

               Interested parties were informed of the intention to terminate the review investigation and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received.

               (17)

               It is therefore concluded that the partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not should be terminated without amending the measures in force as extended,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The partial interim review of the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended by Regulation (EU) No 444/2011 to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, initiated pursuant to Articles 11(3) and 13(4) of Regulation (EC) No 1225/2009, is hereby terminated without amending the measures in force as extended.
   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 Luxembourg, 14 April 2014.

            For the Council

            The President

         A. TSAFTARIS

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

      (2)  Council Regulation (EC) No 599/2009 of 7 July 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 26).

      (3)  Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/ 2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 12).

      (4)  OJ C 124, 30.4.2013, p. 7.


title: Commission Implementing Regulation (EU) No 866/2013 of 9 September 2013 amending Regulation (EC) No 798/2008 as regards transit of consignments of poultry meat from Belarus through Lithuania to the Russian territory of Kaliningrad  Text with EEA relevance

text:
               10.9.2013

               EN

               Official Journal of the European Union

               L 241/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 866/2013
   of 9 September 2013
   amending Regulation (EC) No 798/2008 as regards transit of consignments of poultry meat from Belarus through Lithuania to the Russian territory of Kaliningrad
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1) and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Whereas:

               (1)

               Directive 2002/99/EC lays down the general animal health rules governing the production, processing, distribution within the Union and the introduction from third countries of products of animal origin for human consumption and provides for establishing specific rules and certification for transit.

               (2)

               Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) lays down that certain commodities are only to be imported into and transit through the Union from third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also lays down the veterinary certification requirements for such commodities. Those requirements take also into account whether or not additional guarantees are requested due to the disease status of those third countries, territories, zones or compartments. The additional guarantees with which those commodities are to comply are set out in Part 2 of Annex I to Regulation (EC) No 798/2008.

               (3)

               Article 4(4) of Regulation (EC) No 798/2008 requires that specified pathogen-free eggs, meat, minced meat and mechanically separated meat of poultry, ratites and wild game-birds, eggs and egg products transiting through the Union shall be accompanied by a certificate drawn up in accordance with the model certificate set out in Annex XI and complying with the conditions set out in that certificate.

               (4)

               In view of the isolated geographic situation of the Russian territory of Kaliningrad, Article 18 of Regulation (EC) No 798/2008 derogates from the requirements of Article 4(4) of that Regulation and lays down specific conditions for transit of certain consignments from and bound for Russia through Latvia, Lithuania and Poland. Those conditions include additional controls and the sealing of the consignments.

               (5)

               Belarus requested the Commission to authorise the transit through the Union of poultry meat from Belarus through Lithuania to the Russian territory of Kaliningrad.

               (6)

               Owing to the geographical situation of Kaliningrad and the already existing procedural structures laid down in Article 18(2) of Regulation (EC) No 798/2008 with regard to transit of commodities from and bound to Russia, the transit of poultry meat from Belarus through Lithuania to the Russian territory of Kaliningrad by rail or road should be permitted, provided the conditions laid down in Article 18(2), (3) and (4) for other commodities are complied with.

               (7)

               Regulation (EC) No 798/2008 should be amended in order to include the commodity poultry meat in its Article 18(2) and to modify the entry for Belarus in Part 1 of Annex I to that Regulation.

               (8)

               Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 798/2008 is amended as follows:

               (1)

               The introductory paragraph in Article 18(2) is replaced by the following:
               ‘2.   By way of derogation from Article 4(4), transit by road or rail shall be authorised between the border inspection posts in Lithuania listed in the Annex to Decision 2009/821/EC, of consignments of eggs, egg products and poultry meat coming from Belarus and bound for the Russian territory of Kaliningrad, where the following conditions are met:’

               (2)

               Annex I is amended in accordance with the Annex to this Regulation.

         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, 9 September 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 226, 23.8.2008, p. 1.

      ANNEX
      Annex I to Regulation (EC) No 798/2008 is amended as follows:

                  (1)

                  In Part 1 the entry for Belarus is replaced by the following:

                              ‘BY – Belarus

                              BY - 0

                              Whole country

                              EP, E and POU (only for transit through Lithuania)

                              IX’

                  (2)

                  In Part 2, in the section ‘Additional guarantees (AG)’, the entry ‘IX’ is replaced by the following:

                              ‘ ‘IX’

                              :

                              only transit through Lithuania of consignments of eggs, egg products and poultry meat originating in Belarus and bound for the Russian territory of Kaliningrad shall be permitted provided that Article 18(2), (3) and (4) is complied with.’


title: Commission Implementing Regulation (EU) No 884/2013 of 16 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               17.9.2013

               EN

               Official Journal of the European Union

               L 246/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 884/2013
   of 16 September 2013
   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, 16 September 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  44,1

                  XS

                  23,1

                  ZZ

                  33,6

                  0707 00 05

                  MK

                  62,5

                  ZZ

                  62,5

                  0709 93 10

                  TR

                  118,8

                  ZZ

                  118,8

                  0805 50 10

                  AR

                  113,0

                  CL

                  126,7

                  IL

                  142,1

                  TR

                  80,0

                  UY

                  127,6

                  ZA

                  112,2

                  ZZ

                  116,9

                  0806 10 10

                  EG

                  184,6

                  TR

                  142,1

                  ZZ

                  163,4

                  0808 10 80

                  AR

                  100,1

                  BA

                  68,8

                  BR

                  41,7

                  CL

                  123,6

                  CN

                  74,8

                  NZ

                  147,0

                  US

                  158,4

                  ZA

                  112,2

                  ZZ

                  103,3

                  0808 30 90

                  AR

                  231,4

                  CL

                  29,5

                  CN

                  83,0

                  TR

                  127,8

                  ZA

                  206,6

                  ZZ

                  135,7

                  0809 30

                  TR

                  126,9

                  ZZ

                  126,9

                  0809 40 05

                  BA

                  45,1

                  MK

                  54,9

                  XS

                  48,8

                  ZZ

                  49,6

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


title: Commission Implementing Regulation (EU) 2015/352 of 2 March 2015 concerning the classification of certain goods in the Combined Nomenclature

text:
               5.3.2015

               EN

               Official Journal of the European Union

               L 61/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/352
   of 2 March 2015
   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 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, 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 12(6) of Council Regulation (EEC) No 2913/92 (2). 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 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 March 2015.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A stuffed article made of fabric representing an animal, approximately 15 cm high, with a built-in musical module.
                  The music is activated by pulling a string at the bottom of the article.
                  See image (1).

                  9503 00 41

                  Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9503 00 and 9503 00 41.
                  The article is composite goods made up of different components; the stuffed toy animal and the musical module. The article can be used by children as a toy without activating the music and the stuffed toy animal therefore gives the article its essential character. In addition, articles that incorporate a musical mechanism but which are essentially utilitarian in function are generally classified in the same heading as the corresponding articles not incorporating a musical mechanism and not as musical boxes (see also the Harmonized System Explanatory Notes to heading 9208, group (A), second paragraph). Classification under CN code 9503 00 55 as toy musical instruments and apparatus (including musical boxes) is consequently excluded.
                  The article is therefore to be classified under CN code 9503 00 41 as stuffed toy representing an animal.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2015/867 of 4 June 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               5.6.2015

               EN

               Official Journal of the European Union

               L 139/46

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/867
   of 4 June 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 June 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  46,1

                  MA

                  78,9

                  MK

                  71,9

                  TN

                  138,3

                  TR

                  80,1

                  ZZ

                  83,1

                  0707 00 05

                  AL

                  34,4

                  MK

                  40,6

                  ZZ

                  37,5

                  0709 93 10

                  TR

                  120,5

                  ZZ

                  120,5

                  0805 50 10

                  AR

                  109,6

                  BO

                  145,2

                  BR

                  107,1

                  TR

                  67,0

                  ZA

                  166,3

                  ZZ

                  119,0

                  0808 10 80

                  AR

                  177,9

                  BR

                  100,9

                  CL

                  158,5

                  NZ

                  147,3

                  US

                  180,8

                  ZA

                  133,1

                  ZZ

                  149,8

                  0809 10 00

                  TR

                  283,7

                  ZZ

                  283,7

                  0809 29 00

                  US

                  525,9

                  ZZ

                  525,9

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


title: Commission Implementing Regulation (EU) No 162/2014 of 19 February 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carota dell’Altopiano del Fucino (PGI)]

text:
               21.2.2014

               EN

               Official Journal of the European Union

               L 52/11

      COMMISSION IMPLEMENTING REGULATION (EU) No 162/2014
   of 19 February 2014
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carota dell’Altopiano del Fucino (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Carota dell’Altopiano del Fucino’ registered under Commission Regulation (EC) No 148/2007 (2).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (3) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 February 2014.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

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

      (2)  OJ L 46, 16.2.2007, p. 14.

      (3)  OJ C 272, 20.9.2013, p. 11.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.6.   Fruit, vegetables and cereals, fresh or processed

      ITALY
      Carota dell’Altopiano del Fucino (PGI)


title: Commission Implementing Regulation (EU) No 1166/2014 of 31 October 2014 amending Implementing Regulation (EU) No 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine

text:
               31.10.2014

               EN

               Official Journal of the European Union

               L 314/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 1166/2014
   of 31 October 2014
   amending Implementing Regulation (EU) No 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a), (c) and (d) of Article 187 thereof,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular points (a), (b), (c) and (d) of Article 9 thereof,
   Whereas:

               (1)

               Regulation (EU) No 374/2014 of the European Parliament and of the Council (3) provides for preferential arrangements for 2014 as regards customs duties for imports of certain goods originating in Ukraine. In accordance with Article 3 of that Regulation the agricultural products listed in Annex III thereto are to be admitted for import into the Union within the limits of the tariff quotas as set out in that Annex.

               (2)

               Commission Implementing Regulation (EU) No 412/2014 (4) opened and provided for administration of Union tariff import quota for eggs, eggs products and albumins originating in Ukraine until 31 October 2014.

               (3)

               Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council (5). The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and for fixing the quantities of the quotas for 2015. It is therefore appropriate to amend Implementing Regulation (EU) No 412/2014.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Implementing Regulation (EU) No 412/2014
   Implementing Regulation (EU) No 412/2014 is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               Import tariff quota periods
               1.   The import tariff quotas referred to in Article 1(1) shall be opened from 25 April to 31 December 2014 and from 1 January to 31 December 2015.
               2.   The quantity set for the annual import tariff quota for 2015 for each order number set out in Annex I shall be subdivided into four subperiods, as follows:

                           (a)

                           25 % from 1 January to 31 March;

                           (b)

                           25 % from 1 April to 30 June;

                           (c)

                           25 % from 1 July to 30 September;

                           (d)

                           25 % from 1 October to 31 December.’

                     ;

               (2)

               the title of Article 3 is replaced by the following:
               ‘Import licence applications and import licences for the quota period 2014’;

               (3)

               the following Article 3a is inserted:
               ‘Article 3a
               Import licence applications and import licences for the quota period 2015
               1.   The release into free circulation of the quantities awarded under the import tariff quotas referred to in Article 1(1) shall be subject to the presentation of an import licence.
               2.   A security of EUR 20 per 100 kilograms shall be lodged by the operator at the time of the submission of an import licence application.
               3.   Licence applications shall refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their descriptions shall be entered in boxes 15 and 16 of the licence application and the licence respectively. In the case of tariff quota 09.4275 set out in Annex I, the total quantity shall be converted into the shell egg equivalent.
               4.   Licence applications and licences shall contain:

                           (a)

                           in box 8, the name “Ukraine” as country of origin and the box “yes” marked by a cross;

                           (b)

                           in box 20, one of the entries listed in Annex II.

                     5.   Each licence shall mention the quantity for each CN code.
               6.   Applications for import licences shall be submitted in the first seven days of the month which precedes each of the subperiods referred to in Article 2(2).
               7.   Licence applications shall be made for a minimum quantity of 1 tonne and a maximum of 10 % of the quantity available for the quota concerned in the quota subperiod concerned.
               8.   Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities, including nil returns, of all applications, expressed in kilograms egg shell equivalent weight in the case of tariff quota 09.4275 set out in Annex I and in kilograms product weight in the case of tariff quota 09.4276, and broken down by order number.
               9.   Import licences shall be issued as from the 23rd day of the month in which applications are submitted and at the latest by the last day of that month.
               10.   The Commission shall set, where appropriate, the quantity for which no applications for licenses were received and which are automatically added to the quantity set for the next quota subperiod.’;

               (4)

               Article 4 is amended as follows:

                           (a)

                           the title is replaced by the following:
                           ‘Validity of import licences for the quota period 2014’;

                           (b)

                           in paragraph 1, the date ‘31 October 2014’ is replaced by the date ‘31 December 2014’;

               (5)

               the following Article 4a is inserted:
               ‘Article 4a
               Validity of import licences for the quota period 2015
               By way of derogation from Article 22 of Regulation (EC) No 376/2008, the import licences shall be valid for 150 days from the first day of the subperiod for which they have been issued. The term of validity of the import licences shall, however, expire at the latest on 31 December 2015.’;

               (6)

               Article 5 is replaced by the following:
               ‘Article 5
               Notifications to the Commission for the quota period 2014
               1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission:

                           (a)

                           no later than 14 November 2014, of the quantities of products, including nil returns, for which import licences were issued during the quota period 2014;

                           (b)

                           no later than 30 April 2015, of the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued.

                     2.   No later than 30 April 2015, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during the import tariff quota period 2014.
               3.   In the case of the notifications referred to in paragraphs 1 and 2, the quantity shall be expressed in kilograms egg shell equivalent weight in the case of tariff quota 09.4275 set out in Annex I and in kilograms of product weight in the case of tariff quota 09.4276 and broken down by order number.’;

               (7)

               the following Article 5a is inserted:
               ‘Article 5a
               Notifications to the Commission for the quota period 2015
               1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission not later than the 10th day following the month of application, of the quantities, including nil returns, covered by licences they have issued.
               2.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities, including nil returns, covered by unused or partially used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued:

                           (a)

                           together with the notifications referred to in Article 3a(8) of this Regulation regarding the applications submitted for the last subperiod of the quota period for 2015;

                           (b)

                           for quantities not yet notified at the time of the first notification provided for in point (a), by 30 April 2016 at the latest.

                     3.   No later than 30 April 2016, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during that import tariff quota period.
               4.   In the case of the notifications referred to in paragraphs 1, 2 and 3, the quantity shall be expressed in kilograms egg shell equivalent weight in the case of tariff quota 09.4275 set out in Annex I and in kilograms of product weight in the case of tariff quota 09.4276 and broken down by order number.’;

               (8)

               Annex I is replaced by the text in the Annex to this Regulation.

         Article 2
   Entry into force and application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 2 November 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 31 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 150, 20.5.2014, p. 1.

      (3)  Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).

      (4)  Commission Implementing Regulation (EU) No 412/2014 of 23 April 2014 opening and providing for the administration of a Union import tariff quota for eggs, eggs products and albumins originating in Ukraine (OJ L 121, 24.4.2014, p. 32).

      (5)  Regulation (EU) No 1150/2014 of the European Parliament and of the Council of 29 October 2014 amending Regulation (EU) No 374/2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 313, 31.10.2014, p. 1).

      ANNEX

            ‘ANNEX I
            Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.

                        Order number

                        CN codes

                        Description

                        Import period

                        Quantity in tonnes

                        Duty applicable
                        (EUR/t)

                        09.4275

                        0407 21 00
                        0407 29 10
                        0407 90 10
                        0408 11 80
                        0408 19 81
                        0408 19 89
                        0408 91 80
                        0408 99 80
                        3502 11 90
                        3502 19 90
                        3502 20 91
                        3502 20 99

                        Poultry eggs in shell, fresh, preserved or cooked; Birds' eggs, not in shell, and egg yolks, fresh dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, fit for human consumption; eggs albumins and milk albumins, fit for human consumption

                        Year 2014

                        1 500 (expressed in shell egg equivalent)

                        0

                        Year 2015

                        1 500 (expressed in shell egg equivalent)

                        09.4276

                        0407 21 00
                        0407 29 10
                        0407 90 10

                        Poultry eggs in shell, fresh, preserved or cooked

                        Year 2014

                        3 000 (expressed in net weight)

                        0’

                        Year 2015

                        3 000 (expressed in net weight)


title: Commission Implementing Regulation (EU) 2016/1331 of 3 August 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               4.8.2016

               EN

               Official Journal of the European Union

               L 210/97

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1331
   of 3 August 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 August 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  175,1

                  ZZ

                  175,1

                  0709 93 10

                  TR

                  136,4

                  ZZ

                  136,4

                  0805 50 10

                  AR

                  170,3

                  CL

                  187,2

                  MA

                  157,0

                  TR

                  153,3

                  UY

                  185,1

                  ZA

                  180,4

                  ZZ

                  172,2

                  0806 10 10

                  BR

                  163,2

                  EG

                  214,6

                  MA

                  179,4

                  MX

                  378,3

                  TR

                  153,5

                  US

                  233,8

                  ZZ

                  220,5

                  0808 10 80

                  AR

                  114,2

                  BR

                  102,1

                  CL

                  140,4

                  CN

                  137,7

                  NZ

                  128,1

                  PE

                  106,8

                  US

                  80,4

                  UY

                  99,9

                  ZA

                  102,1

                  ZZ

                  112,4

                  0808 30 90

                  AR

                  105,9

                  CL

                  119,7

                  NZ

                  141,8

                  TR

                  159,8

                  ZA

                  125,4

                  ZZ

                  130,5

                  0809 29 00

                  CA

                  331,3

                  TR

                  262,8

                  US

                  485,5

                  ZZ

                  359,9

                  0809 30 10 , 0809 30 90

                  TR

                  166,5

                  ZZ

                  166,5

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