title: Council Implementing Regulation (EU) No 1343/2013 of 12 December 2013 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

text:
               17.12.2013

               EN

               Official Journal of the European Union

               L 338/11

         COUNCIL IMPLEMENTING REGULATION (EU) No 1343/2013
   of 12 December 2013
   imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
   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) (‘the basic Regulation’), and in particular Article 9(4) and Article 11(2), (5) and (6) thereof,
   Having regard to the proposal from the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               Council Regulation (EC) No 1184/2007 (2) imposed a definitive anti-dumping duty on imports of persulphates originating in the People’s Republic of China (‘the PRC’), Taiwan and the United States of America (‘the original investigation’ and ‘the original measures’). The measures with regard to the PRC took the form of an ad valorem duty of 71,8 % for all companies except two Chinese exporting producers to whom individual duties were granted.

         2.   Initiation of an expiry review

               (2)

               On 10 October 2012, the Commission announced by a notice (‘Notice of initiation’) (3), published in the Official Journal of the European Union, the initiation of an expiry review of the anti-dumping measures applicable to imports of persulphates originating in the PRC.

               (3)

               The review was initiated following a substantiated request lodged by two European producers, RheinPerChemie GmbH & Co. KG and United Initiators GmbH & Co. KG (‘the applicants’), representing 100 % of the total Union production of persulphates.

               (4)

               The request was based on the grounds that the expiry of the measures would be likely to result in a recurrence of dumping and injury to the Union industry.

         3.   Investigation

   3.1.   Review investigation period and period considered

               (5)

               The investigation of a continuation or recurrence of dumping covered the period from 1 October 2011 to 30 September 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2009 to the end of the RIP (‘the period considered’).

         3.2.   Parties concerned by the investigation

               (6)

               The Commission officially advised the applicants, exporting producers in the PRC, unrelated importers and users known to be concerned, producers in the potential analogue countries and the representatives of the PRC of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation.

               (7)

               In view of the potentially large number of exporting producers in the PRC and unrelated importers in the Union involved in the investigation, sampling was envisaged in the Notice of Initiation, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, the above parties were invited, under Article 17 of the basic Regulation, to make themselves known within 15 days of the publication of the notice of initiation and to provide the Commission with the information requested in the Notice of initiation.

               (8)

               None of the importers made itself known.

               (9)

               Only one exporting producer from the PRC replied to the questionnaire. Therefore, it was not necessary to select a sample of exporting producers.

               (10)

               The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from two Union producers, one exporting producer in the PRC and one producer in Turkey, considered as a potential analogue country.

               (11)

               The Commission sought and verified all the information it deemed necessary for the determination of the likelihood of a continuation or recurrence of dumping and resulting injury and of the Union interest. Verification visits were carried out at the premises of the following companies:

                           (a)

                              Union producers

                                       —

                                       RheinPerChemie GmbH & Co. KG, Germany

                                       —

                                       United Initiators GmbH & Co. KG, Germany

                           (b)

                              Exporting producer in the PRC

                     United Initiators (Shanghai) Co. Ltd, Shanghai (4)

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (12)

               The product concerned is the same as that covered by the original investigation, namely peroxosulphates (persulphates), including potassium peroxymonosulphate sulphate (‘product concerned’), currently falling within CN codes 2833 40 00 and ex 2842 90 80.

               (13)

               The product concerned is used as an initiator or as an oxidising agent in a number of applications. Some examples include its use as polymerisation initiator in the production of polymers, as an etching agent in the production of printed circuit boards, in hair cosmetics, in textile desizing, in paper manufacturing as a denture cleanser and as a disinfectant.

               (14)

               The investigation confirmed that, as in the original investigation, the product concerned and that manufactured and sold on the domestic market of the PRC, as well as that produced and sold by the Union industry on the Union market have the same basic physical and technical characteristics and the same basic uses and are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.

         C.   LIKELIHOOD OF A CONTINUATION OR RECURRENCE OF DUMPING

   1.   General remarks

               (15)

               In accordance with Article 11(2) of the basic Regulation, it was examined whether dumping was currently taking place and whether dumping was likely to continue or recur upon a possible expiry of the measures in force on certain imports from the PRC.

               (16)

               As explained in recital 9, only one Chinese exporting producer cooperated in the investigation and it did not export the product concerned to the Union during the RIP. As mentioned below in recital 22 and as explained in detail in recitals 51 to 53, the investigation showed that basically all imports from the PRC during the RIP were made by one exporter which was found not to be dumping in the original investigation, and which is not subject to the current review. Hence, no dumping analysis could be done in this case.

         2.   Development of imports in case the measures are repealed

               (17)

               In order to assess the likelihood of recurrence of dumping, the information provided by the cooperating Chinese exporting producer, the information collected in accordance with Article 18 of the basic Regulation and facts available with regard to the non-cooperating exporting producers were taken into account. The facts available were found in the request for the expiry review, in the information published in the framework of an expiry review initiated in March 2013 by the United States of America (USA) (5), in the statistics available to the Commission, i.e. the monthly data transmitted by Member States under Article 14(6) of the basic Regulation (‘the 14.6 database’) and in the Eurostat import data.

         (a)   Prices and volume of imports into the Union from the PRC and other third countries

               (18)

               The data available in the investigation showed that basically all imports from the PRC during the RIP were made by one Chinese exporter which was not found to be dumping in the original investigation (6). Those imports are thus not subject to anti-dumping measures. The prices of those imports remained below the Union industry prices during that period.

               (19)

               Despite the fact that Chinese import prices into the Union increased by 29 % in the period considered, they were still low and were undercutting the price of the Union industry during the RIP. The sales prices of the Union industry in the Union market also increased but at a less pronounced rate of 7 %.

               (20)

               The sole cooperating Chinese exporter which is subject to the current anti-dumping measures was not exporting the product concerned to the Union during the RIP. However, the investigation showed that it was exporting at dumped prices to third country markets and that its prices were even lower than those of the current imports from the PRC in the Union market. This is an indication that exporters in Chinaare continuing to practice dumping and that their prices are low.

               (21)

               The Union market roughly consists of imports from three countries: China, Turkey and the USA, each representing between 8 % and 10 % of market share and two Union producers with a market share of around 65 to 75 %. The investigation showed that the USAcontinued to be present on the Union market and represented around one third of total imports during the RIP. The USimport prices were on average 10 % above the import prices from the PRC. This finding, combined with the observed undercutting of the Union industry’s prices, indicates that the Chinese imports continued to exercise a downward pressure on the sales prices in the Union.

               (22)

               As mentioned above in recital 18, Chinese imports during the RIP were made by one exporter which was found not to be dumping in the original investigation. Between 2009 and the RIP, the volume of those imports increased by 24 % and the corresponding market share increased from 8 % to 9,6 % of total Union consumption in the same period.

               (23)

               It is noteworthy to recall that in the years 1995 to 2001 anti-dumping measures were imposed against persulphates from the PRC. As these measures were repealed, import volume from the PRC increased from less than 200 tonnes in 2001 to more than 4 000 tonnes in 2003 and more than doubled to almost 9 000 tonnes in 2006. In other words, Chinese imports took more than 20 % of the Union market in few years. Over the period 2003-2006, whilst consumption increased by 7 %, Chinese market share doubled. This shows that Chinese exporters are able to take considerable market share in the Union market in the absence of anti-dumping measures.

               (24)

               In view of the above facts and considerations, in particular the Chinese reaction to the repeal of the measures in the Union market in 2001, the level of Chinese prices during the RIP and the continued dumping practices in third country markets, it is considered that there is a likelihood that in the short term low-priced Chinese imports would resume in large quantities into the Union market should the current measures be repealed.

         (b)   Pricing behaviour of Chinese producers on other export markets

               (25)

               As mentioned in recital 16 above, the cooperating Chinese company did not export to the Union during the RIP, and it was not possible to compare its normal values on the domestic market with export prices to the Union. It was however assessed, as mentioned in recital 24 above, whether the company’s exports to third countries were made at dumped prices during the RIP. Since the company was granted MET in the original investigation, normal values were established based on its own data.

               (26)

               For the three types of the product concerned for which domestic sales were representative and made in the ordinary course of trade, average normal values were established on the basis of the prices paid by independent customers in the domestic market. For one type, normal value had to be constructed based on the cost of production, in accordance with Article 2(3) of the basic Regulation. The company’s cost of manufacturing, selling, general and administrative costs (SG&A) and profit achieved on the domestic sales made in the ordinary course of trade in accordance with Article 2(6) of the basic Regulation were used to establish the normal value of that type.

               (27)

               The comparison between the normal weighted average value and the weighted average export price, on an ex-works basis to third countries established on the basis of the reported and verified data, showed a weighted average dumping margin of 9,4 %.

               (28)

               With regard to pricing behaviour, the existence of the anti-dumping measures in India and in the USAis also a clear indication of dumping practices by Chinese exporting producers on other markets.

         (c)   Attractiveness of the Union market

               (29)

               The investigation showed that the cooperating Chinese company exported to a wide variety of third countries such as Brazil, Indonesia, Malaysia, South Africa, South Korea, Taiwan, Thailand and the United Arab Emirates. The exports prices of the cooperating Chinese company to third markets were thus compared to the level of Union industry sales prices and the import price for the PRC during the RIP in the Union market. This comparison showed that the cooperating Chinese exporter was significantly undercutting, up to 40 %, the prices of the Union industry during the RIP.

               (30)

               This analysis shows on the one hand, that prices in the Union market are higher and thus very attractive, and, on the other, that prices offered by other Chinese exporter are lower than the current Chinese import price in the Union market.

               (31)

               It is also noteworthy that the normal values of the cooperating company during the RIP were generally lower than Union industry sales prices. This confirms the attractiveness of the Union market as it would clearly generate higher profits for Chinese producers. The low price level in Chinadoes not seem to be based on any other ground than the abundant capacity and offer of the product concerned.

               (32)

               As mentioned above in recital 28, certain third country markets, such as the USA and India, have become less attractive for Chinese exporters due to the existence of anti-dumping measures. Additionally, in relative terms, the other third country markets were found to operate at lower price levels than in the Union market. With regard to other third country markets, not under measures, they are already supplied by companies that are present in those markets, thus any spare capacity in the PRC would likely be used for exports to the Union market.

               (33)

               Based on the above, it is expected that Chinese imports would resume in larger volumes and exercise more price pressure on the Union market should the current measures be lifted.

         (d)   Production capacity and excess capacity available for exports

               (34)

               In accordance with Article 18 of the basic Regulation, in the absence of other information available, the analysis of the spare capacity in the PRC was based on the facts available, namely the limited information provided by the cooperating Chinese exporting producer on the market situation in the PRC, by the Union industry and from publicly available information at the level of five main producers identified in the PRC and data collected at initiation stage. The information delivered by these sources was found to be consistent.

               (35)

               Based on this information, it is assumed that more than 100 thousand tonnes of production capacity is available in the PRC, which represents around three times the volume of Union consumption during the RIP.

               (36)

               Based on the capacity utilisation rate of the cooperating producer, it was concluded that there are potentially significant capacities available in the PRC which could be used to increase production and re-directed it to the Union market in case the anti-dumping measures would be allowed to lapse.

         (e)   Conclusion on the likelihood of recurrence of dumping

               (37)

               In view of the above, it was considered that there is a likelihood that dumping would recur if the current measures were allowed to lapse. In particular the level of the normal values established in China, the dumping behaviour of the cooperating producer in third country markets, the existence of anti-dumping measures against Chinese exporters in India and the USA, the attractiveness of the Union market compared to other markets and the availability of significant production capacity in the PRC point to a likelihood of recurrence of dumping in case the current measures are repealed.

         D.   SITUATION ON THE UNION MARKET

   1.   Definition of the Union industry

               (38)

               The current investigation confirmed that persulphates are manufactured only by two producers in the Union. They constitute 100 % of total Union production during the RIP. Both producers supported the review request and cooperated with the investigation.

               (39)

               Those two companies thus constitute the Union industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation, and will hereafter be referred to as the ‘Union industry’.

         2.   Preliminary remark

               (40)

               To protect confidentiality under Article 19 of the basic Regulation the data relating to the two Union producers is presented in indexed form or in ranges.

               (41)

               Information on imports have been analysed at CN code level for the three main types of the like product, ammonium persulphate, sodium persulphate, potassium persulphate, on TARIC code level for the fourth type, potassium peroxymonosulphate. The analysis of imports was supplemented by data collected under Article 14(6) of the basic Regulation.

         3.   Union Consumption

               (42)

               Union consumption was established on the basis of the sales volume of the Union industry on the Union market, and import data from Eurostat, at CN code and TARIC code level.

               (43)

               Union consumption in the RIP was slightly higher than at the beginning of the period considered. There was an increase of 22 % noted between 2009 and 2010 but further on the consumption steadily decreased by around 18 %.

                  Table 1

                  Consumption

                           2009

                           2010

                           2011

                           RIP

                           Consumption (tonnes)

                           25 000 – 35 000

                           35 000 – 45 000

                           35 000 – 45 000

                           25 000 – 35 000

                              Index (2009 = 100)

                              100

                              122

                              114

                              103

                              Source: Questionnaire replies, Eurostat, Article 14(6) database.

         4.   Volume, prices and market share of imports from the PRC

               (44)

               The volumes and market shares of imports from the PRC were analysed on the basis of Eurostat and the data collected in accordance with Article 14(6) of the basic Regulation.

               (45)

               Comparison of the above mentioned databases indicates that all imports from the PRC originate from the one company which was found not to be dumping in the original investigation. As a consequence the market share of the dumped imports from the PRC and its prices evolution cannot be analysed.

               (46)

               Furthermore, since the Chinese exporting producers under anti-dumping measures did not export the product concerned to the Union during the RIP, it was not possible to calculate price undercutting for the PRC.

         5.   Imports from other third countries

               (47)

               The volume of imports and prices and market share from other countries during the period considered is shown in the table below. They were established on the basis of statistical information provided at CN code and TARIC code level. Due to confidentiality as explained in recital 40 above the market share figures are disclosed in an indexed form.

                  Table 2

                  Imports from other third countries

                           2009

                           2010

                           2011

                           RIP

                              Turkey

                           Volume of imports (tonnes)

                           2,326

                           3,002

                           2,360

                           3,026

                              Index (2009 = 100)

                              100

                              129

                              101

                              130

                           Price EUR/tonne

                           1,137

                           1,010

                           1,130

                           1,158

                              Index (2009 = 100)

                              100

                              89

                              99

                              102

                           Market share

                              Index

                           100

                           106

                           89

                           126

                              USA

                           Volume of imports (tonnes)

                           3,662

                           3,951

                           4,156

                           2,556

                              Index (2009 = 100)

                              100

                              108

                              114

                              70

                           Price EUR/tonne

                           1,053

                           1,170

                           1,201

                           1,099

                              Index (2009 = 100)

                              100

                              111

                              114

                              104

                           Market share

                              Index

                           100

                           88

                           100

                           68

                              Other third countries

                           Volume of imports (tonnes)

                           1 652

                           1 605

                           1 420

                           1 105

                              Index (2009 = 100)

                              100

                              97

                              86

                              67

                           Price EUR/tonne

                           1 443

                           1 518

                           1 605

                           1 738

                              Index (2009 = 100)

                              100

                              105

                              111

                              120

                           Market share

                              Index

                           100

                           80

                           76

                           65

                              Total third countries

                           Volume of imports (tonnes)

                           7 640

                           8 558

                           7 936

                           6 687

                              Index (2009 = 100)

                              100

                              112

                              104

                              88

                           Price EUR/tonne

                           1,163

                           1,179

                           1,252

                           1,231

                              Index (2009 = 100)

                              100

                              101

                              108

                              106

                           Market share

                              Index

                           100

                           92

                           91

                           85

                              Source: Eurostat and Taric

               (48)

               Import volumes from other third countries into the Union market decreased by around 12 % during the period considered, and the average price increased by 6 % over the same period. The market share lost by other third countries was taken over partly by the Chinese imports and the Union industry. During the same period the Union industry increased its prices on average by 7 % as stated in recital 64 below.

         6.   Economic situation of the Union industry

   6.1.   Preliminary remarks

               (49)

               Pursuant to Article 3(5) of the basic Regulation, the Commission examined all economic factors and indices having a bearing on the state of the Union industry.

         6.2.   Production, production capacity and capacity utilisation

               (50)

               The Union industry’s production increased significantly during the period considered. This increase was the most pronounced between 2009 and 2010 when production increased by 32 percentage points. It remained stable afterwards, decreasing slightly between 2011 and the RIP.

                  Table 3

                  Total Union production

                           2009

                           2010

                           2011

                           RIP

                           Production (tonnes)

                           20 000 – 30 000

                           25 000 – 35 000

                           25 000 – 35 000

                           25 000 – 35 000

                              Index (2009 = 100)

                              100

                              132

                              135

                              125

                              Source: Questionnaire replies

               (51)

               Production capacity remained stable during the period considered. As production increased in the period 2009-2011, capacity utilisation showed an overall increase of 34 %. This trend changed in the RIP because the decrease in production also resulted in a decrease in capacity utilisation by six percentage points as shown below:

                  Table 4

                  Production capacity and capacity utilisation

                           2009

                           2010

                           2011

                           RIP

                           Production capacity (tonnes)

                           35 000 – 45 000

                           35 000 – 45 000

                           35 000 – 45 000

                           35 000 – 45 000

                              Index (2009 = 100)

                              100

                              101

                              101

                              101

                           Capacity utilisation

                           60 %

                           79 %

                           81 %

                           75 %

                              Index (2009 = 100)

                              100

                              131

                              134

                              124

                              Source: Questionnaire replies

         6.3.   Stocks

               (52)

               Although the level of closing stocks of the Union industry increased substantially between 2009 and the RIP its level remains relatively low with regard to production level.

                  Table 5

                  Closing stock

                           2009

                           2010

                           2011

                           RIP

                           Closing stock (tonnes)

                           500 – 1 500

                           1 000 – 2 000

                           2 000 – 3 000

                           1 500 – 2 500

                              Index (2009 = 100)

                              100

                              144

                              227

                              184

                              Source: Questionnaire replies

         6.4.   Sales volume

               (53)

               The sales volume of the Union industry on the Union market to unrelated customers followed the trend of consumption with a peak in 2010 and then a decreasing trend in the following years, until the end of the RIP. Over the period considered it increased by 6 %.

                  Table 6

                  Sales to unrelated customers

                           2009

                           2010

                           2011

                           RIP

                           Volume (tonnes)

                           15 000 – 25 000

                           20 000 – 30 000

                           20 000 – 30 000

                           15 000 – 25 000

                              Index (2009 = 100)

                              100

                              122

                              113

                              106

                              Source: Questionnaire replies

         6.5.   Market share

               (54)

               As sales volumes to the Union followed the trend of consumption, the Union industry market share remained relatively stable in the period considered.

                  Table 7

                  Union market share

                           2009

                           2010

                           2011

                           RIP

                           Union industry market share

                           65 % - 75 %

                           65 % - 75 %

                           65 % - 75 %

                           65 % - 75 %

                              Index (2009 = 100)

                              100

                              100

                              100

                              103

                              Source: Questionnaire replies, Eurostat and Taric

         6.6.   Growth

               (55)

               As explained above, the growth in consumption in the Union was limited to 3 percentage points during the period considered. The Union industry managed to slightly increase its sales volumes and market share during the same period.

         6.7.   Employment and productivity

               (56)

               The level of employment of the Union industry remained stable between 2009 and the RIP. However, the productivity per employee, measured as output in tonne per employee, increased visibly in this period in line with production trend. Detailed data is shown below:

                  Table 8

                  Total Union employment and productivity

                           2009

                           2010

                           2011

                           RIP

                           Index of employees

                           100

                           100

                           103

                           101

                           Index of productivity

                           100

                           132

                           131

                           124

                              Source: Questionnaire replies

         6.8.   Unit sales prices

               (57)

               Unit sales prices of the Union industry to unrelated customers in the Union increased by 7 % between 2009 and the RIP. This 7 % increase in the average sales price of the Union industry can be explained by the change in the product mix they were selling during the period considered. This price, even taking into account the potential difference in the product mix, was significantly higher than the price charged by the cooperating Chinese producer for export to third countries.

                  Table 9

                  Unit price of Union sales

                           2009

                           2010

                           2011

                           RIP

                           Unit price of Union sales (EUR/tonne)

                           1 100 – 1 300

                           1 100 – 1 300

                           1 200 – 1 400

                           1 200 – 1 400

                              Index (2009 = 100)

                              100

                              100

                              105

                              107

                              Source: Questionnaire replies

         6.9.   Profitability

               (58)

               In 2009, profitability of the Union industry was close to breakeven. Subsequently, in the period 2010 — RIP, profitability remained above 10 %. The sudden jump in the profitability index between 2009 and 2010 thus results from very low base level in 2009 which was a critical year for the Union industry. In 2011 the high profitability resulted from an extraordinary cost saving event, which will not repeat itself in the future. This is already reflected in the decreased profitability in the RIP, which continues to be the trend.

                  Table 10

                  Profitability

                           2009

                           2010

                           2011

                           RIP

                           Profitability Union sales

                              Index (2009 = 100)

                              100

                              2 400

                              3 336

                              1 854

                              Source: Questionnaire replies

         6.10.   Investment and return on investment

               (59)

               The investigation showed that the Union industry was able to keep high level of investments in all the period considered.

               (60)

               Return on investment followed closely the profitability trend in 2009 and 2011 being not representative as explained in recital 58 above.

                  Table 11

                  Investments and Return on Investment

                           Index (2009 = 100)

                           2009

                           2010

                           2011

                           RIP

                              Investments

                              100

                              71

                              110

                              99

                              Return on investment

                           100

                           3 166

                           4 647

                           2 455

                              Source: Questionnaire replies

         6.11.   Cash flow and ability to raise capital

               (61)

               The cash-flow, which affects the ability of the industry to self-finance its activities, expressed as a percentage of the turnover of the product concerned, followed a trend similar to that of profitability. It significantly improved up to 2011 and decreased during the RIP.

                  Table 12

                  Cash flow

                           2009

                           2010

                           2011

                           RIP

                           Cash flow

                              Index (2009 = 100)

                              100

                              288

                              381

                              172

                              Source: Questionnaire replies

         6.12.   Wages

               (62)

               Whilst the number of people employed by the Union industry remained stable, their wages increased by 12 % during the period considered.

         6.13.   Magnitude of dumping margin

               (63)

               As explained above there were no dumped imports from the PRC during the period considered, therefore the magnitude of dumping margin could not be assessed.

         6.14.   Recovery from past dumping

               (64)

               Taking into account the absence of low-priced dumped imports from the PRC, the relatively high capacity utilisation and the gain in market share achieved by the Union industry, its level of profitability and the positive development of certain financial indicators, it is concluded that the Union industry recovered from the effects of past dumping during the period considered. The recovery is however recent and a certain decline in various injury indicators such as profitability, cash flow, return on investment and investment was observed in the Union market during the RIP.

         7.   Conclusion on the situation of the Union industry

               (65)

               The investigation showed that the imports of low-prices dumped products from the PRC ceased on the Union market right after the imposition of the original measures in 2007 and they were not present during the period considered or the RIP. The imports from the PRC present on the Union market originate from the sole Chinese producer found not to be dumping in the original investigation. This allowed the Union industry to achieve high level of production, increase its sales volume, average sales price, market share and profitability and to improve its overall financial situation.

               (66)

               It is therefore concluded that the Union industry did not suffer material injury during the RIP. Given the decline in consumption and the deterioration in certain injury indicators as described above during the RIP, the situation of the Union industry is still vulnerable.

         E.   LIKELIHOOD OF RECURRENCE OF INJURY

   1.   Preliminary remarks

               (67)

               To assess the likelihood of recurrence of injury if the measures were allowed to lapse, the potential impact of the Chinese imports on the Union market and the Union industry was analysed in accordance with Article 11(2) of the basic Regulation.

               (68)

               The analysis focused on the spare capacity in the PRC and the behaviour of the Chinese exporters in the third country markets and in the Union market.

         2.   Spare capacity in the PRC

               (69)

               According to the information collected and verified during the investigation, it is estimated that around 100 thousand tonnes of production capacity for the product concerned is available in China. Furthermore, there are several small producers dispersed in the country which make this figure even higher.

               (70)

               Due to the lack of cooperation from Chinese exporters there is no data available indicating the precise percentage of this capacity which is spare and which could be used for exporting the product concerned to the Union market. However, the investigation showed that the sole Chinese cooperating producer has a spare capacity of around 30 %. Extrapolating this information to all Chinese companies would mean that a spare capacity of more than 30 thousand tonnes currently exists in the PRC.

               (71)

               Based on the above, even if the Chinese companies would not work at their full capacity, 20-25 thousand tonnes of the product concerned would be available for export in the PRC. Given the findings made and the conclusions reached in recitals 22 to 44 above, it is clear that in case the measures would not be extended, the available spare capacity in China will be intended to be exported to the Union market. This potential additional export volume should be seen in the context of a Union consumption of around 25 000-35 000 tonnes in the RIP.

         3.   Export From the PRC

               (72)

               As mentioned in recital 20 above, the investigation showed that Chinese exports to third countries were made at dumped prices. Furthermore, the results of expiry reviews conducted by the relevant authorities in the USA and in Indialed to the recommendation that the anti-dumping measures in force on persulphates from the PRC should be extended. In this situation it is expected that free production capacity of the Chinese exporters will be mainly used to produce for export to the Union market if the measures are allowed to lapse. As explained in recital 32 above, given that the supply to other third country markets, not under measures, is already ensured by companies that are present in those markets, any spare capacity available in the PRC would likely be used to export the product concerned to the Union market.

               (73)

               Taking into account past dumping practice of Chinese exporters that led to the imposition of the measures in force and their current dumping behaviour in third countries, it can be concluded that these volumes of exports to the Union would be made at dumped prices.

               (74)

               Moreover, as mentioned in recital 23 above, it is recalled that in the years 1995 to 2001 anti-dumping measures were imposed against export of persulphates from the PRC. As these measures were not extended, imports from the PRC increased from less than 200 tonnes in 2001 to almost 10 thousand tonnes in 2006, and thus took more than 20 % of the Union market.

         4.   Conclusion

               (75)

               In view of the findings of the investigation, namely the spare capacity available in the PRC, the continuation of Chinese dumping to the third countries, the limited ability of the Chinese exporters to sell in other main third countries markets and their proven ability to redirect export volumes to the Union market, it is considered that the repeal of the measures would weaken the position of the Union industry in their core market and the injury suffered would recur due to likely Chinese imports at dumped prices. There are no reasons to believe that the improvement of the performance of the Union industry due to the measures in force would remain or strengthen if the measures were repealed. On the contrary, there are favourable conditions for a likely shift of the Chinese imports to the Union market at dumped prices and in considerable volumes and that would likely undermine the positive developments in the Union market reached over the period considered. The likely Chinese dumped imports would be able to exercise pressure on the Union industry’s sales prices and make it lose market share and as a consequence would negatively impact the Union industry’s financial performance which is still vulnerable as explained in recital 66 above.

         F.   UNION INTEREST

   1.   Introduction

               (76)

               In accordance with Article 21 of the basic Regulation, it was examined whether the maintenance of the existing measures would be against the Union interest as a whole. The determination of the Union interest was based on an appreciation of the various interests involved, i.e. those of the Union industry, of importers and of users. The interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

               (77)

               As this investigation is a review of the existing measures, it allowed for assessment of any undue negative impact of the existing anti-dumping measures on the interested parties.

         2.   Interest of the Union industry

               (78)

               It was concluded in recital 70 above that the Union industry would be likely to experience a serious deterioration of its situation in case the anti-dumping measures were allowed to lapse. Therefore, the continuation of measures would benefit the Union industry because the Union producers should be able to maintain its sales volumes, market share, profitability and its overall positive economic situation. By contrast, the discontinuation of the measures would seriously threaten the viability of the Union industry because there are reasons to expect a shift of the Chinese imports to the Union market at dumped prices and in considerable volumes that would cause recurrence of injury.

         3.   Interest of users

               (79)

               None of the 44 contacted users replied to the questionnaire or cooperated. Users did not cooperate in the original investigation either. In absence of interest from users, it was concluded that measures would not be against the users’ interest to maintain them. In addition, the investigation revealed that the impact of the product concerned on the costs of downstream products is rather marginal and the maintenance of the measures would not adversely impact the user industry. The investigation also revealed that due to the nature of the product as well as the several sources of supplies available on the market users can easily switch suppliers.

         4.   Interest of importers

               (80)

               None of the 14 contacted importers replied to the questionnaire or cooperated. Importers did not cooperate in the original investigation either. In absence of interest from importers, it was concluded that it would not be against their interest to maintain measures. The investigation revealed that importers can easily buy from different sources that are currently available on the market, in particular from the Union industry, US exporters and Chinese exporters selling at non-dumped prices.

         5.   Conclusion

               (81)

               In view of the above, it is concluded that there are no compelling reasons of Union interest against the maintenance of the current anti-dumping measures.

         G.   ANTI-DUMPING MEASURES

               (82)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were duly taken into consideration where warranted.

               (83)

               It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of certain peroxosulphates (persulphates) originating in the PRC, imposed by Regulation (EC) No 1184/2007 should be maintained.

               (84)

               In order to minimise the risk of circumvention due to the high difference in the duty rates, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures, which only apply to companies for which an individual duty rate is introduced, include the following: the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other producers,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of peroxosulphates (persulphates), including potassium peroxymonosulphate sulphate, currently falling within CN codes 2833 40 00 and ex 2842 90 80 (TARIC 2842908020) and originating in the People’s Republic of China.
   2.   The rate of the definitive anti-dumping duty applicable to the, net free-at-Union-frontier price, before duty, of the products described in paragraph 1, and manufactured by the companies listed below shall be as follows:

               Company

               Anti-Dumping Duty

               TARIC Additional Code

               ABC Chemicals (Shanghai) Co., Ltd, Shanghai

               0,0 %

               A820

               United Initiators Shanghai Co., Ltd

               24,5 %

               A821

               All other companies

               71,8 %

               A999

         3.   The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 December 2013.

            For the Council

            The President

         J. NEVEROVIC

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

      (2)  OJ L 265, 11.10.2007, p. 1.

      (3)  OJ C 305, 10.10.2012, p. 15.

      (4)  It is recalled that under Regulation (EC) No 1184/2007 which imposed a definitive anti-dumping duty on imports of peroxosulphates originating in the People’s Republic of China, Taiwan and the United States, the name of the company United Initiators Shanghai Co., Ltd was Degussa-AJ (Shanghai) Initiators Co., Ltd, Shanghai. The change of name was due to a change of ownership in 2008.

      (5)  No A-570-847 (Review).

      (6)  The company referred to in this recital is not re-examined in the current expiry review investigation since the original investigation established zero duty for this company (Council Regulation (EC) No 1184/2007).

      ANNEX
      A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

                  (1)

                  The name and function of the official of the entity issuing the commercial invoice.

                  (2)

                  The following declaration: ‘I, the undersigned, certify that the (volume) of peroxosulphates sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’

            Date and signature


title: Commission Implementing Regulation (EU) No 550/2012 of 25 June 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/43

         COMMISSION IMPLEMENTING REGULATION (EU) No 550/2012
   of 25 June 2012
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 526/2012 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

               (3)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 June 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

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

      (4)  OJ L 160, 21.6.2012, p. 16.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 26 June 2012

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 12 10 (1)

                  37,58

                  0,00

                  1701 12 90 (1)

                  37,58

                  3,33

                  1701 13 10 (1)

                  37,58

                  0,01

                  1701 13 90 (1)

                  37,58

                  3,63

                  1701 14 10 (1)

                  37,58

                  0,01

                  1701 14 90 (1)

                  37,58

                  3,63

                  1701 91 00 (2)

                  46,85

                  3,41

                  1701 99 10 (2)

                  46,85

                  0,28

                  1701 99 90 (2)

                  46,85

                  0,28

                  1702 90 95 (3)

                  0,47

                  0,23

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

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

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) 2017/987 of 30 May 2017 entering a name in the register of protected designations of origin and protected geographical indications (Ail violet de Cadours (PDO))

text:
               13.6.2017

               EN

               Official Journal of the European Union

               L 149/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/987
   of 30 May 2017
   entering a name in the register of protected designations of origin and protected geographical indications (Ail violet de Cadours (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Ail violet de Cadours’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Ail violet de Cadours’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Ail violet de Cadours’ (PDO) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.6. — Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 30 May 2017.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  OJ C 41, 8.2.2017, p. 22.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) No 703/2013 of 23 July 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.7.2013

               EN

               Official Journal of the European Union

               L 199/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 703/2013
   of 23 July 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, 23 July 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

                  0707 00 05

                  TR

                  116,3

                  ZZ

                  116,3

                  0709 93 10

                  TR

                  131,1

                  ZZ

                  131,1

                  0805 50 10

                  AR

                  87,6

                  TR

                  70,0

                  UY

                  86,4

                  ZA

                  88,6

                  ZZ

                  83,2

                  0806 10 10

                  CL

                  51,4

                  EG

                  168,7

                  TR

                  169,6

                  ZZ

                  129,9

                  0808 10 80

                  AR

                  168,0

                  BR

                  112,4

                  CL

                  124,1

                  CN

                  95,8

                  NZ

                  134,2

                  US

                  165,4

                  ZA

                  158,0

                  ZZ

                  136,8

                  0808 30 90

                  AR

                  96,7

                  CL

                  140,8

                  CN

                  77,3

                  NZ

                  162,9

                  TR

                  174,5

                  ZA

                  118,8

                  ZZ

                  128,5

                  0809 10 00

                  TR

                  192,1

                  ZZ

                  192,1

                  0809 29 00

                  TR

                  313,7

                  ZZ

                  313,7

                  0809 30

                  TR

                  178,6

                  ZZ

                  178,6

                  0809 40 05

                  BA

                  58,4

                  MK

                  99,6

                  TR

                  118,8

                  XS

                  95,4

                  ZZ

                  93,1

         (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) No 747/2013 of 1 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               2.8.2013

               EN

               Official Journal of the European Union

               L 206/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 747/2013
   of 1 August 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, 1 August 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

                  0707 00 05

                  TR

                  147,7

                  ZZ

                  147,7

                  0709 93 10

                  TR

                  120,5

                  ZZ

                  120,5

                  0805 50 10

                  AR

                  86,0

                  BO

                  73,4

                  CL

                  73,3

                  TR

                  71,0

                  UY

                  86,3

                  ZA

                  96,7

                  ZZ

                  81,1

                  0806 10 10

                  CL

                  140,3

                  EG

                  219,0

                  MA

                  158,2

                  MX

                  242,3

                  TR

                  178,0

                  ZZ

                  187,6

                  0808 10 80

                  AR

                  166,8

                  BR

                  115,9

                  CL

                  113,6

                  CN

                  96,3

                  NZ

                  136,1

                  US

                  149,4

                  ZA

                  119,8

                  ZZ

                  128,3

                  0808 30 90

                  AR

                  133,4

                  CL

                  147,5

                  NZ

                  177,1

                  TR

                  159,1

                  ZA

                  115,5

                  ZZ

                  146,5

                  0809 29 00

                  CA

                  303,6

                  TR

                  340,3

                  ZZ

                  322,0

                  0809 30

                  TR

                  149,1

                  ZZ

                  149,1

                  0809 40 05

                  BA

                  56,0

                  XS

                  61,9

                  ZZ

                  59,0

         (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) 2017/1169 of 26 June 2017 concerning the classification of certain goods in the Combined Nomenclature

text:
                  1.7.2017

                  EN

                  Official Journal of the European Union

                  L 170/56

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1169
      of 26 June 2017
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

                  It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at 3 months.

                  (5)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
      Article 2
      Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of 3 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, 26 June 2017.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article in a form of a ball (so called ‘paintball’) made of a hard gelatine shell containing water-based paint.
                     The article is designed to be used as a projectile for a paintball gun (air gun with a nozzle velocity of 91 meters per second) during the multi-player game ‘paintball’.
                     See images (*1).

                     9306 90 90

                     Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 1 (s) to Chapter 95 and by the wording of CN codes 9306 , 9306 90  and 9306 90 90 .
                     The article is designed as a projectile for a paintball gun, which is an air gun of heading 9304  due to its considerable nozzle velocity (see Commission Regulation (EC) No 242/96 (OJ L 31, 9.2.1996, p. 16)).
                     The paintball is a projectile used for shooting with air guns similar to pellets or darts. Therefore, the paintball is another kind of ammunition (see also the Harmonised System Explanatory Notes to heading 9306 , (A) (3)).
                     Classification as a product of Chapter 95 is therefore excluded by virtue of note 1 (s) to that Chapter.
                     Consequently, the article is to be classified under CN code 9306 90 90  as a projectile.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) No 901/2013 of 19 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               20.9.2013

               EN

               Official Journal of the European Union

               L 250/32

         COMMISSION IMPLEMENTING REGULATION (EU) No 901/2013
   of 19 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, 19 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

                  45,6

                  XS

                  46,1

                  ZZ

                  45,9

                  0707 00 05

                  MK

                  46,1

                  TR

                  121,6

                  ZZ

                  83,9

                  0709 93 10

                  TR

                  134,6

                  ZZ

                  134,6

                  0805 50 10

                  AR

                  125,2

                  CL

                  140,4

                  IL

                  142,1

                  TR

                  117,7

                  UY

                  113,9

                  ZA

                  117,4

                  ZZ

                  126,1

                  0806 10 10

                  EG

                  187,8

                  TR

                  157,7

                  ZZ

                  172,8

                  0808 10 80

                  AR

                  100,7

                  BA

                  105,9

                  BR

                  41,7

                  CL

                  109,8

                  CN

                  66,9

                  NZ

                  139,2

                  US

                  143,0

                  ZA

                  102,1

                  ZZ

                  101,2

                  0808 30 90

                  AR

                  231,4

                  CL

                  29,5

                  CN

                  82,5

                  TR

                  132,4

                  ZZ

                  119,0

                  0809 30

                  TR

                  125,5

                  ZZ

                  125,5

                  0809 40 05

                  BA

                  38,9

                  XS

                  46,6

                  ZZ

                  42,8

         (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) 2015/1845 of 14 October 2015 fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2016 EAGF accounting year

text:
               15.10.2015

               EN

               Official Journal of the European Union

               L 268/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1845
   of 14 October 2015
   fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2016 EAGF accounting year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 20(1) and (4) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               Article 3(1)(a) of Commission Delegated Regulation (EU) No 906/2014 (2) provides that expenditure relating to the financing costs incurred by Member States in mobilising funds to buy in products is to be determined in accordance with the methods set out in Annex I to that Regulation.

               (2)

               Point I.1 of Annex I to Delegated Regulation (EU) No 906/2014 provides that the financing costs in question are to be calculated on the basis of a uniform interest rate for the Union fixed by the Commission at the beginning of every accounting year. This interest rate corresponds to the average of the 3-month and 12-month forward Euribor rates, recorded in the 6 months reference period to be determined by the Commission, preceding the notification from the Member States provided for in the first paragraph of point I.2 of that Annex, with a weighting of one third and two thirds respectively.

               (3)

               Furthermore, in accordance with the second paragraph of point I.2 of Annex I to Delegated Regulation (EU) No 906/2014, in the absence of any notification from a Member State, in the form and by the deadline referred to in the first paragraph of that point, the interest rate borne by that Member State shall be considered to be 0 %. Where a Member State declares that it did not bear any interest costs because it did not have agricultural products in public storage during the reference period, the Commission shall fix that interest rate in accordance with the third paragraph of that point.

               (4)

               In accordance with point I.3 of Annex I to Delegated Regulation (EU) No 906/2014, the interest rate determined on the basis of point I.2 of that Annex is to be compared with the uniform interest rate fixed on the basis of point I.1 of that Annex. The interest rate applicable to each Member State shall be the lower of these two interest rates.

               (5)

               Given that there were no agricultural products in public storage during the 6 months reference period which is set for the months of January to June 2015, and which the Commission considers as representative with regard to public storage operations, Member States were not requested to make notifications under the first paragraph of point I.2 of Annex I to Delegated Regulation (EU) No 906/2014.

               (6)

               The interest rates applicable for the 2016 EAGF accounting year should be fixed taking those various factors into account,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For expenditure relating to the financing costs incurred by Member States in mobilising funds to buy in products chargeable to the 2016 accounting year of the European Agricultural Guarantee Fund (EAGF), the interest rates provided for in Annex I to Delegated Regulation (EU) No 906/2014 in accordance with Article 3(1)(a) of that Regulation shall be the uniform interest rate fixed at 0,1 %.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 October 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 October 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure (OJ L 255, 28.8.2014, p. 1).


title: Commission Implementing Regulation (EU) 2017/911 of 24 May 2017 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
               30.5.2017

               EN

               Official Journal of the European Union

               L 139/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/911
   of 24 May 2017
   amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
   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 Article 183(b) 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 Article 5(6)(a) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

               (2)

               Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

               (3)

               Regulation (EC) No 1484/95 should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 May 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 150, 20.5.2014, p. 1.

      (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

      ANNEX
      ‘
            ANNEX I

                        CN code

                        Description

                        Representative price
                        (EUR/100 kg)

                        Security under Article 3
                        (EUR/100 kg)

                        Origin (1)

                        0207 12 10

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as ‘70 % chickens’, frozen

                        126,2

                        0

                        AR

                        0207 12 90

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as ‘65 % chickens’, frozen

                        120,8

                        0

                        AR

                        151,5

                        0

                        BR

                        0207 14 10

                        Fowls of the species Gallus domesticus, boneless cuts, frozen

                        256,5

                        13

                        AR

                        196,6

                        32

                        BR

                        297,0

                        1

                        CL

                        211,7

                        27

                        TH

                        0207 27 10

                        Turkeys, boneless cuts, frozen

                        342,0

                        0

                        BR

                        319,5

                        0

                        CL

                        0408 91 80

                        Eggs, not in shell, dried

                        350,0

                        0

                        AR

                        1602 32 11

                        Preparations of fowls of the species Gallus domesticus, uncooked

                        214,8

                        22

                        BR

                  ’

         (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). The code ‘ZZ’ represents ‘other origins’.


title: Commission Implementing Regulation (EU) 2016/874 of 1 June 2016 amending Implementing Regulation (EU) 2015/943 on emergency measures suspending imports of dried beans from Nigeria (Text with EEA relevance)

text:
               2.6.2016

               EN

               Official Journal of the European Union

               L 145/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/874
   of 1 June 2016
   amending Implementing Regulation (EU) 2015/943 on emergency measures suspending imports of dried beans from Nigeria
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 178/2002 lays down the general principles governing food in general, and food safety in particular, at Union and national level. It provides for emergency measures to be taken by the Commission, where there is evidence that food imported from a third country is likely to constitute a serious risk to human health.

               (2)

               Commission Implementing Regulation (EU) 2015/943 (2) prohibits imports of dried beans from Nigeria declared under CN code 0713 39 00 due to the high number of cases of contamination with an unauthorised active substance dichlorvos at levels largely exceeding the acute reference dose tentatively established by the European Food Safety Authority. Pending the implementation by Nigeria of the appropriate risk-management measures, the prohibition is to apply until 30 June 2016.

               (3)

               Following the introduction of the import prohibition, notifications have been issued to the Rapid Alert System for Food and Feed in relation to dried beans originating from Nigeria declared under CN codes 0713 35 00 and 0713 90 00 due to a contamination with dichlorvos. Therefore, the scope of the existing prohibition should be extended to these additional two codes.

               (4)

               The continued presence of dichlorvos in dried beans imported from Nigeria, and the stage of implementation by Nigeria of an action plan as regards integrated pest management and maximum residue levels of pesticides, do not allow the conclusion that compliance with food law requirements as regards pesticide residues can be achieved in the short term.

               (5)

               The duration of the importation prohibition should therefore be extended for an additional period of three years, to allow Nigeria to implement the appropriate risk-management measures and provide the required guarantees.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Sole Article
   Implementing Regulation (EU) 2015/943 is amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‘Article 1
               This Regulation shall apply to all dried beans originating from Nigeria declared under CN codes 0713 35 00, 0713 39 00, and 0713 90 00.’

               (2)

               Article 5 is replaced by the following:
               ‘Article 5
               This Regulation shall enter into force the day following that of its publication in the Official Journal of the European Union.
               It shall apply until 30 June 2019.’

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  Commission Implementing Regulation (EU) 2015/943 of 18 June 2015 on emergency measures suspending imports of dried beans from Nigeria and amending Annex I to Regulation (EC) No 669/2009 (OJ L 154, 19.6.2015, p. 8.).


title: Commission Implementing Regulation (EU) No 429/2012 of 22 May 2012 amending Regulation (EU) No 1014/2010 for the purpose of providing a common format for the notification of errors by manufacturers of passenger cars  Text with EEA relevance

text:
               23.5.2012

               EN

               Official Journal of the European Union

               L 132/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 429/2012
   of 22 May 2012
   amending Regulation (EU) No 1014/2010 for the purpose of providing a common format for the notification of errors by manufacturers of passenger cars
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular the first subparagraph of Article 8(9) thereof,
   Whereas:

               (1)

               Given that the notification of errors in the CO2 emissions data by a manufacturer pursuant to the first subparagraph of Article 8(5) of Regulation (EC) No 443/2009 is an important step in the verification of the data that forms the basis for the calculation of the specific emissions targets as well as the specific average emissions for all manufacturers, it is appropriate to provide a clear and transparent procedure for that notification.

               (2)

               It is also appropriate to provide for the use of a common format for the notification of errors in order to ensure that the information notified by manufacturers to the Commission can be verified and processed in a timely manner.

               (3)

               The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Article 9 of Commission Regulation (EU) No 1014/2010 (2), the following paragraphs 3, 4 and 5 are added:

      ‘3.   Manufacturers that notify errors in accordance with the first subparagraph of Article 8(5) of Regulation (EC) No 443/2009 shall use the provisional datasets notified by the Commission pursuant to Article 8(4) as a basis for their notification.
      The error notification shall include all datasets relating to vehicle registrations for which the notifying manufacturer is responsible.
      The error shall be indicated by a separate entry in the dataset for each version, entitled “Manufacturer comments”, in which one of the following codes shall be specified:

                  (a)

                     Code A, if the records have been changed by the manufacturer;

                  (b)

                     Code B, if the vehicle is unidentifiable;

                  (c)

                     Code C, if the vehicle falls out of the scope of Regulation (EC) No 443/2009 or is out of production.

            For the purposes of point (b) of the third subparagraph, a vehicle is unidentifiable where the manufacturer cannot identify or correct the code for the type, variant and version, or, if applicable, the type approval number indicated in the provisional dataset.
      4.   Where a manufacturer has not notified errors to the Commission in accordance with paragraph 3, or where the notification is submitted after the expiry of the three-month period provided for in Article 8(5) of Regulation (EC) No 443/2009, the provisional values notified in accordance with Article 8(4) of that Regulation shall be considered as final.
      5.   The error notification referred to in paragraph 3 shall be submitted by electronic non-erasable data carrier marked “Notification of error — CO2 from cars”, and shall be sent by mail to the following address:

                  European Commission

                  Secretariat-General

                  1049 Bruxelles/Brussel

                  BELGIQUE/BELGIË

            An electronic copy of the notification shall be sent for information to the following functional mailboxes:
      EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu
      and
      CO2-monitoring@eea.europa’.

   Article 2
   This Regulation shall enter into force on the third 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, 22 May 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 140, 5.6.2009, p. 1.

      (2)  OJ L 293, 11.11.2010, p. 15.