title: Commission Implementing Regulation (EU) No 147/2014 of 14 February 2014 fixing the import duties in the cereals sector applicable from 16 February 2014

text:
               15.2.2014

               EN

               Official Journal of the European Union

               L 45/19

      COMMISSION IMPLEMENTING REGULATION (EU) No 147/2014
   of 14 February 2014
   fixing the import duties in the cereals sector applicable from 16 February 2014
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Import duties should be fixed for the period from 16 February 2014 and should apply until new import duties are fixed and enter into force.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 16 February 2014, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 February 2014.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 February 2014

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

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

                  —

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

                  —

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

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      31.1.2014-14.2.2014

                  1.

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

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              186,59

                              127,85

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              269,23

                              259,23

                              239,23

                              Gulf of Mexico premium

                              126,47

                              26,28

                              —

                              —

                              —

                              Great Lakes premium

                              —

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico-Rotterdam:

                              17,35 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              — EUR/t

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

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

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


title: Commission Implementing Regulation (EU) No 944/2011 of 22 September 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.9.2011

               EN

               Official Journal of the European Union

               L 246/18

         COMMISSION IMPLEMENTING REGULATION (EU) No 944/2011
   of 22 September 2011
   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:
   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,
   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 hereto.
   Article 2
   This Regulation shall enter into force on 23 September 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 September 2011.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  EC

                  25,3

                  MK

                  53,6

                  XS

                  31,8

                  ZZ

                  36,9

                  0707 00 05

                  MK

                  20,0

                  TR

                  106,2

                  ZZ

                  63,1

                  0709 90 70

                  TR

                  130,5

                  ZZ

                  130,5

                  0805 50 10

                  AR

                  65,9

                  CL

                  79,9

                  TR

                  74,0

                  UY

                  62,5

                  ZA

                  76,8

                  ZZ

                  71,8

                  0806 10 10

                  CL

                  75,1

                  EG

                  116,3

                  IL

                  136,9

                  MK

                  85,4

                  TR

                  110,9

                  US

                  271,3

                  ZA

                  62,4

                  ZZ

                  122,6

                  0808 10 80

                  BZ

                  86,4

                  CL

                  148,5

                  CN

                  82,6

                  NZ

                  116,8

                  US

                  123,7

                  ZA

                  124,0

                  ZZ

                  113,7

                  0808 20 50

                  AR

                  47,4

                  CN

                  78,7

                  TR

                  114,2

                  ZA

                  61,3

                  ZZ

                  75,4

                  0809 30

                  TR

                  145,2

                  ZZ

                  145,2

         (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) 2016/900 of 8 June 2016 concerning the authorisation of benzoic acid as a feed additive for sows (holder of authorisation DSM Nutritional Product Sp. z o. o.) (Text with EEA relevance)

text:
               9.6.2016

               EN

               Official Journal of the European Union

               L 152/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/900
   of 8 June 2016
   concerning the authorisation of benzoic acid as a feed additive for sows (holder of authorisation DSM Nutritional Product Sp. z o. o.)
   (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of benzoic acid. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               That application concerns the authorisation of the benzoic acid as a feed additive for sows, to be classified in the additive category ‘zootechnical additives’.

               (4)

               That additive was already authorised as a feed additive for use in weaned piglets by Commission Regulation (EC) No 1730/2006 (2) and in pigs for fattening by Commission Regulation (EC) No 1138/2007 (3).

               (5)

               The European Food Safety Authority (‘the Authority’) concluded in its opinions of 14 June 2012 (4) and 16 June 2015 (5) that, under the proposed conditions of use, the benzoic acid does not have an adverse effect on animal health, human health or the environment, and that it has a potential to introduce a small reduction in urine pH in sows. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (6)

               The assessment of the benzoic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The additive specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  Commission Regulation (EC) No 1730/2006 of 23 November 2006 concerning the authorisation of benzoic acid (VevoVitall) as a feed additive (OJ L 325, 24.11.2006, p. 9).

      (3)  Commission Regulation (EC) No 1138/2007 of 1 October 2007 concerning the authorisation of a new use of benzoic acid (VevoVitall) as a feed additive (OJ L 256, 2.10.2007, p. 8).

      (4)  EFSA Journal 2012;10(7):2775.

      (5)  EFSA Journal 2015;13(7):4157.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: other zootechnical additives (urinary pH decrease)

                  4d210

                  DSM Nutritional Products Sp. z o. o.

                  Benzoic acid

                     Additive composition

                  Benzoic acid (≥ 99,9 %)

                     Characterisation of the active substance

                  Benzenecarboxylic acid, phenylcarboxylic acid,
                  C7H6O2

                  CAS number 65-85-0
                  Maximum level of the impurities:

                              Phthalic acid: ≤ 100 mg/kg

                              Biphenyl: ≤ 100 mg/kg

                     Analytical method
                      (1)

                  For the quantification of benzoic acid in the feed additive:

                              —

                              titration with sodium hydroxide (European Pharmacopoeia monograph 0066).

                        For the quantification of the benzoic acid in the premixtures and feedingstuffs:

                              —

                              reversed phase liquid chromatography with UV detection (RP-HPLC/UV) — method based on ISO9231:2008.

                  Sows

                  —

                  5 000

                  10 000

                              1.

                              The directions of use shall be indicated the following in complementary feed:
                              ‘Complementary feedingstuffs containing benzoic acid shall not be fed to sows as such. Complementary feedingstuffs for sows shall be thoroughly mixed with other feed materials of the daily ration’.

                              2.

                              For users of the additive and premixtures in a feed business, operational procedures and appropriate organisational measures shall be established to address hazards by inhalation, dermal contact or eyes contact. Where the dermal, inhalator or eyes exposure cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.

                  29 June 2026

         (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports.


title: Council Implementing Regulation (EU) No 457/2011 of 10 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of melamine originating in the People’s Republic of China

text:
               13.5.2011

               EN

               Official Journal of the European Union

               L 124/2

         COUNCIL IMPLEMENTING REGULATION (EU) No 457/2011
   of 10 May 2011
   imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of melamine originating in the People’s Republic of China
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 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 thereof,
   Having regard to the proposal submitted by the European Commission (Commission) after having consulted the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Provisional measures

               (1)

               By Regulation (EU) No 1035/2010 (2) (the provisional Regulation) the Commission imposed a provisional anti-dumping duty on imports of melamine originating in the People’s Republic of China (PRC). The provisional anti-dumping duties ranged from 44,9 % to 65,2 %.

               (2)

               The proceedings were initiated as a result of a complaint lodged on 4 January 2010 by EU producers Borealis Agrolinz Melamine GmbH, DSM Melamine BV and Zakłady Azotowe Puławy (the complainant), representing a major proportion, in this case more than 50 %, of the total Union production of melamine.

               (3)

               The investigation of dumping and injury covered the period from 1 January 2009 to 31 December 2009 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2006 to the end of the IP (period considered).

         2.   Subsequent procedure

               (4)

               Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (provisional disclosure), several interested parties made written submissions making their views known on the provisional findings. The parties who so requested were granted an opportunity to be heard.

               (5)

               The Commission sought and verifed all information it deemed necessary for its definitive findings. To this end a verification visit was carried out at the premises of the following user company in order to assess the possible impact of the imposition of definitive anti-dumping measures:

                           —

                           Coveright Surfaces Spain, Martorelles (Barcelona), Spain.

               (6)

               Subsequently all parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of melamine originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty (final disclosure). All parties were granted a period within which they could make comments on the final disclosure.

               (7)

               The oral and written comments submitted by the interested parties were considered and taken into account where appropriate.

         3.   Parties concerned by the proceeding

               (8)

               In the absence of any comments with regard to the parties concerned by the proceeding, recitals 4 to 10 of the provisional Regulation are hereby confirmed.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

   1.   Product concerned

               (9)

               It is recalled that in recital 12 of the provisional Regulation the product concerned is defined as melamine, currently falling within CN code 2933 61 00 and originating in the PRC.

               (10)

               Melamine is a white crystalline powder obtained from urea. It is used mainly in laminates, moulding powders, wood-based panels and coating resins.

         2.   Like product

               (11)

               One exporting producer reiterated the claim made in recital 65 of the provisional Regulation that the melamine produced and exported from the PRC was in general of a slightly lower quality compared to the melamine produced by the Union industry and could not be used for certain surface applications. The argument of difference in quality was also brought forward by several users located in the Union.

               (12)

               The investigation has shown that although melamine may vary slightly in colour, it is not sold on the basis of different quality standards, either on the domestic market or on export markets. No evidence was provided which would point to the fact that possible slight variations in melamine would lead to different basic physical and chemical characteristics and end uses. The issue was not raised by the other exporting producers. Moreover, the investigation has also shown that the exporting producer in question was using a similar production process as the Union industry.

               (13)

               Based on the above, the claim is rejected and it is hereby confirmed that melamine produced and sold by the Union industry in the Union, melamine produced and sold on the domestic market of the PRC and melamine imported into the Union from the PRC, as well as that produced and sold in Indonesia, which served as the analogue country, are considered to be alike within the meaning of Article 1(4) of the basic Regulation.

               (14)

               In the absence of any other comments regarding the like product, recitals 12 to 15 of the provisional Regulation are hereby confirmed.

         C.   DUMPING

   1.   Market economy treatment

               (15)

               Market economy treatment (MET) was initially refused to all exporting producers that requested it on the grounds that the costs of the major inputs did not substantially reflect market values as required under Article 2(7)(c) of the basic Regulation. As set out in recitals 20 to 24 of the provisional Regulation, the MET investigation determined that this was due to State interference in both the natural gas market and the urea market in the PRC. In addition to this general situation, there were also company-specific reasons for refusing MET as set out in recitals 25 to 28 of the provisional Regulation.

               (16)

               One exporting producer argued that the urea price in the PRC was in line with the prices in other parts of the world, such as Indonesia and the Middle East, therefore the conclusion that the costs of major inputs were distorted was not correct.

               (17)

               However, the initial conclusion that the urea market in the PRC was subject to significant State interference, as set out in recitals 23 and 24 of the provisional Regulation, was not questioned. This element is already sufficient to conclude that criterion 1 of point (c) of Article 2(7) of the basic Regulation is not fulfilled. This conclusion is not affected by the fact that at a certain point in time urea prices in the PRC and in some other parts of the world prices might have been roughly at the same level.

               (18)

               One exporting group disagreed with the refusal of MET and individual treatment (IT) based on the fact that the Commission did not receive full MET claim forms for all related companies. In its comments on the disclosure, this group offered full cooperation but did not question the fact that one of its related companies did not provide a MET claim form at the same time as the rest of the group. Therefore this claim is rejected.

               (19)

               In the absence of any other comments concerning MET, recitals 16 to 32 are hereby confirmed.

         2.   Individual treatment

               (20)

               It was provisionally established that three of the five exporting producer companies or groups in the PRC met all the requirements for IT.

               (21)

               The Union industry questioned the decision to grant IT to three groups of companies by arguing that one exporting producer was owned by the Chinese State and another exporting producer had various links at management level to companies that were ultimately controlled by the State. In addition, the extent of State interference was such that it would allow circumvention of the measures with respect to all three exporting producers.

               (22)

               The investigation has shown that none of the exporting producers initially granted IT were State-owned. In addition, the claim that the management of one exporting producer had links to State-controlled companies was not substantiated. With regard to the possible risk of circumvention, it should be noted that the investigation showed that export prices, quantities, conditions and terms of sale were freely negotiated and determined and that the exporting producers were neither State-owned nor otherwise subject to dominant State influence at management level. Hence it may be concluded that State interference is not such as to permit circumvention of measures.

               (23)

               In view of the above, the claims of the Union industry are rejected. The initial conclusion that three of the five exporting producers meet all requirements for IT is therefore confirmed.

         3.   Normal value

   (a)   Choice of the analogue country

               (24)

               Indonesia was chosen as the analogue country. The data submitted in the cooperating Indonesian producer’s reply were verified in situ and found to be reliable and a suitable basis for the normal value.

               (25)

               One exporting producer questioned the choice of Indonesia as analogue country on the grounds that interested parties had not had the opportunity to comment on this choice. However, since May 2010 the file open for inspection had contained a note explaining why Indonesia had been chosen as analogue country. Thus, as parties had had ample opportunity to comment on this choice, their procedural rights had been respected in full. No further comments were received on the choice of the analogue country.

               (26)

               It is therefore confirmed that Indonesia is an appropriate and reasonable analogue country in accordance with Article 2(7) of the basic Regulation.

         (b)   Determination of normal value

               (27)

               It is recalled that normal value was constructed using the cost of manufacturing of the Indonesian producer plus a reasonable amount for SG & A and for profit on the domestic market.

               (28)

               One exporting producer questioned the level of the constructed normal value, in particular the SG & A and profit that were based on those of the Union industry. However, this method is in line with point (c) of Article 2(6) and considered appropriate. No other data were available that could be used as a basis for SG & A and profit as there were no other exporters or producers subject to investigation in the analogue country and the producer subject to the investigation did not sell any other category of products in the IP.

               (29)

               Therefore this claim is rejected. Recitals 35 to 45 with regard to the determination of the normal value are hereby confirmed.

         (c)   Export prices for the exporting producers granted IT

               (30)

               In the absence of any comments with regard to the determination of the export price, recital 46 of the provisional Regulation is hereby confirmed.

         (d)   Comparison

               (31)

               One exporting producer questioned the comparison of the normal value and the export price with regard to the issue of VAT. However, as normal value and export price were compared at the same level of indirect taxation, i.e. VAT included, in line with point (c) of Article 2(10), no change to this method is needed. Therefore recitals 47 and 48 of the provisional Regulation are hereby confirmed.

         4.   Dumping margins

   (a)   For the cooperating exporting producers granted IT

               (32)

               In the absence of any comments with regard to the dumping margins, recital 49 of the provisional Regulation is hereby confirmed.

               (33)

               On that basis the definitive dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are as follows:

                           Company

                           Definitive dumping margin

                           Sichuan Jade Elephant Melamine S&T Co. Ltd

                           44,9 %

                           Shandong Liaherd Chemical Industry Co. Ltd

                           47,6 %

                           Henan Junhua Development Company Ltd

                           49,0 %

         (b)   For all other exporting producers

               (34)

               In the absence of any comments with regard to the dumping margins recitals 51 to 52 of the provisional Regulation are hereby confirmed.
               On this basis the country-wide level of dumping is definitely established at 65,6 % of the CIF Union frontier price, duty unpaid, and recital 53 of the provisional Regulation is hereby confirmed.

         D.   INJURY

   1.   Injury

   1.1.
         Union production and Union industry

               (35)

               In the absence of any comments concerning the Union production and the Union industry, recitals 54 to 56 of the provisional Regulation are hereby confirmed.

         1.2.
         Union consumption

               (36)

               Some parties claimed that Eurostat figures concerning imports of melamine from the PRC were not reliable in terms of quantity. A verification of Eurostat data led to minor changes in the import figures and consequently in the Union consumption as shown in the tables below. These changes are not such as to affect the analysis of the Union consumption in recitals 57 to 59 of the provisional Regulation which can thus be confirmed.

                  Table 1

                           2006

                           2007

                           2008

                           IP

                           Volume (tonnes)

                           368 873

                           392 691

                           326 409

                           267 226

                           Indexed

                           100

                           106

                           88

                           72

                              Source: Updated Eurostat data and questionnaire replies.

         1.3.
         Imports into the European Union from the country concerned

   1.3.1.   Volume, price and market share of imports from the PRC

      Table 2

               Imports from the PRC

               2006

               2007

               2008

               IP

               Volume (tonnes)

               26 962

               46 874

               37 366

               18 482

               Indexed

               100

               174

               139

               69

                  Source: Updated Eurostat data.

               (37)

               The above changes in the import volumes of the countries concerned are not as such as to affect the findings in recitals 61 and 62 of the provisional Regulation which can thus be confirmed.

               (38)

               Several users claimed that they did not import melamine from the PRC in 2009 and 2010 because the Chinese prices were too high compared to the prices prevailing in the EU. They were therefore questioning the undercutting by Chinese exporters found during the IP.

               (39)

               As mentioned in recitals 63 and 64 of the provisional Regulation, cooperation from Chinese exporters was low. Hence, the information verified on the spot with the cooperating Chinese companies was used to establish undercutting. As mentioned in recitals 66 and 67 of the provisional Regulation the imports of the cooperating exporting producers were undercutting the Union industry prices during the IP by 10,3 %. Given that no new evidence is provided compared to that available at the time of the imposition of the provisional measures, this claim is rejected.

         1.3.2.   Price undercutting

               (40)

               Some users claimed that an allowance should be made for extra work involved with the handling of imported melamine from the PRC. They alleged that the purchase price of Chinese melamine did not include this type of cost.

               (41)

               The examination of this claim showed that there was no reliable basis to establish under what conditions melamine from the PRC was imported and the possible amount of costs which may have been incurred in addition to the purchase price. In addition, no evidence was provided de by the above parties, hence, the claim is rejected.

               (42)

               As was the case at the time of imposition of provisional measures, some parties claimed that the undercutting calculation should be based on Eurostat data instead of the data verified from only 30 % of cooperating Chinese companies.

               (43)

               As mentioned in recital 66 of the provisional Regulation, the data of cooperating exporters was used for the undercutting calculation. This data has been verified and is therefore considered to be more reliable than data retrieved from Eurostat. This claim is therefore rejected.

               (44)

               In the absence of any other comments concerning price undercutting, the methodology described in recitals 66 and 67 of the provisional Regulation to establish price undercutting is hereby confirmed.

         1.4.
         Economic situation of the Union industry

               (45)

               In the absence of any comments regarding the economic situation of the Union industry, recitals 68 to 82 of the provisional Regulation are hereby confirmed.

         1.5.
         Conclusion on injury

               (46)

               In the absence of any comments regarding the conclusion on injury, recitals 83 to 86 of the provisional Regulation are hereby confirmed.

         2.   Causality

   2.1.
         Preliminary remark

               (47)

               As mentioned in recital 87 of the provisional Regulation it was examined whether the dumped imports of the product concerned originating in the PRC caused injury to the Union industry to a degree that can be considered as material. In addition, known factors other than the dumped imports, which could at the same time be injuring the Union industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the dumped imports.

         2.2.
         Effect of the dumped imports

               (48)

               Based on the revised import data shown in table 2 above, the comments made in recitals 88 to 95 of the provisional Regulation remain valid. Overall, imports from the PRC decreased significantly by 31 % during the period considered following the decrease in Union consumption (– 28 %). With regard to prices, the export price verified at the premises of the cooperating Chinese producers was lower than the average import price reported in Eurostat. The verified cooperating Chinese exporters, representing about 30 % of total imports from the PRC, were found to be undercutting the Union industry price during the IP by 10,3 %.

               (49)

               The investigation revealed that in certain months of the IP the Chinese exporters were selling their surplus of melamine on the Union market when prices were attractive for them, and withdrawing when prices started to fall. This policy of targeted pricing continued to have negative effects on the Union market during the whole IP given that prices may be fixed for a period of three to six months. Thus it is confirmed that the presence of low-priced dumped imports on the Union market played a role in further exacerbating the negative trend in sales prices on the market in the medium term after they withdrew. The low level of sales prices contributed to the dramatic level of losses incurred by the Union industry and was identified as a major factor in the material injury found.

               (50)

               On this basis, the causal link between the dumped imports and the injury suffered by the Union industry can be confirmed.

         2.3.
         Effect of other factors

               (51)

               On this point, interested parties basically reiterated most of the comments made at the provisional stage. As far as the effect of dumped imports are concerned, some parties claimed again that Eurostat figures should prevail over the data verified at the premises of the cooperating exporting producers. Such a claim would render the on-spot investigations meaningless and could therefore not be accepted. No evidence was provided to show that the data used in this investigation were unreliable. This claim is therefore rejected.

               (52)

               Some parties claimed that the injury suffered by the Union industry is not caused by the imports from the PRC, but by the global economic crisis. However, there was no evidence submitted by these parties showing that the data used in this investigation was unreliable. In addition, the dumped imports have intensified the effect of the economic crisis and consequently further exacerbated the situation of the Union industry. This claim is therefore rejected.

               (53)

               The comments received and the evidence provided regarding other factors were not such as to change the conclusion made in recitals 108 to 110 of the provisional Regulation that none of these factors could break the link between the dumped imports and the injury suffered by the Union industry. The provisional conclusion that dumped imports caused material injury to the Union industry is therefore confirmed.

         3.   Union interest

   3.1.
         Interest of the Union industry

               (54)

               It is recalled that the Union industry is composed of three producers located in different Member States, employing directly over 600 people in activities related to melamine.

               (55)

               Some users claimed that the employment figures of the complainants were overstated. No evidence was provided to show that the verified data used in this investigation was unreliable and therefore the claim is rejected.

               (56)

               One user claimed that the Union industry closed production sites due to technical problems, and not as a result of allegedly dumped imports.

               (57)

               Some plants of the Union industry indeed incurred some technical difficulties, but this was mainly after the IP. Following the imposition of provisional measures, the Union industry has submitted evidence that factories that had been idle due to the dumped imports have recently been reopened. This shows that measures have already had a positive impact on the Union industry.

               (58)

               It is expected that the imposition of definitive anti-dumping duties against imports originating in the PRC would have a further positive impact on the economic situation of the Union industry and would enable it to regain at least part of its lost profitability.

               (59)

               In the absence of any other comments with regard to the interest of the Union industry, recitals 112 to 115 of the provisional Regulation are hereby confirmed.

         3.2.
         Interest of importers

               (60)

               In the absence of comments on the interest of importers, it was concluded that the imposition of definitive measures on imports of melamine originating in the PRC would not be against the interests of importers.

         3.3.
         Interest of users

               (61)

               At the provisional stage cooperation by the users was relatively low. Of the 44 questionnaires sent, only seven replies which could be considered meaningful were received. Imports by the cooperating users represented around 10 % of Union consumption. It was concluded at that stage that the impact of the proposed measures would be relatively limited.

               (62)

               After provisional measures were imposed a verification visit was made to the premises of the main cooperating user in the Union. The investigation showed that the share of melamine in its cost of production is between 8 % and 15 %, depending on the activity. The possible impact of measures may therefore be relatively significant depending on the share of melamine in the costs and the level of profitability, which was relatively low.

               (63)

               In submissions received from a number of users it was alleged that after the imposition of provisional measures, a shortage of melamine in the Union market occurred and that this led to significant and continuous price increases. Whilst the sales price of melamine was around EUR 900 per tonne during the IP, post IP prices vary between EUR 1 200 and EUR 1 500 per tonne.

               (64)

               The verification visit carried out at the premises of the cooperating user confirmed that the provisional measures have had an impact on its activities, combined with the price increase which the Union industry has applied to its melamine. Indeed, the Union industry holds a market share of around 85 % in the Union market and thus basically all users are sourcing large part of their melamine from Union producers.

               (65)

               The information gathered during the investigation also suggests that prices are still expected to increase in the period following the IP. Hence, it would appear to be justified, in the Union interest, to change the form of the provisional measures to limit any further price increase of melamine which would seriously affect the overall users’ business.

               (66)

               Some users claim that in 2010 a melamine shortage developed on the market and that EU producers were not able to meet demand on the Union market and that the imposition of provisional measures increased this shortage.

               (67)

               Analysis of the available data showed that the melamine market was indeed short for a certain period, but that this was not caused by the provisional duties, but was due to the worldwide evolution of the market.

               (68)

               Some users claim that the EU producers failed to supply the required quantities of melamine to maintain their production.

               (69)

               Analysis of the available data showed that the shortage only appeared on the ‘spot-market’, but that contractual agreed quantities were supplied.

               (70)

               Moreover, additional production capacity has been put online by the EU producers and by producers in third countries, ensuring a stable supply of melamine to Union users.

               (71)

               One user claimed that it stopped building a new production plant because it realised that they would no longer be competitive on their main export markets with the level of the provisional measures imposed.

               (72)

               Some users claimed that if provisional measures are confirmed, the downstream products in the Union will no longer be competitive compared to imports of the same downstream products from the PRC. Hence, these users will either close down or move their production facilities outside the Union.

               (73)

               One association of users claimed that only the sector of wood-based panel producers generates thousands of jobs so a much higher number compared to the EU melamine producers. Hence the imposition of definitive measures were therefore not in the interest of the Union.

               (74)

               The parties above did not provide convincing evidence to support their claims, recitals 116 to 121 of the provisional Regulation are therefore hereby confirmed.

         3.4.
         Conclusion on Union interest

               (75)

               Based on the above, it was concluded that there are no compelling reasons against the imposition of definitive anti-dumping duties against imports of melamine originating in the PRC.

               (76)

               However, based on the above, it appears to be in the Union interest to change the form of the proposed measures to limit any possible serious impact on the overall users’ business which is heavily dependent on melamine supply.

         4.   Definitive anti-dumping measures

   4.1.
         Injury elimination level

               (77)

               In the absence of any substantiated comments that would alter the conclusion regarding the injury elimination level, recitals 123 to 127 of the provisional Regulation are hereby confirmed.

         4.2.
         Definitive measures

               (78)

               In the light of the foregoing, it is concluded to change the form of the measures by imposing definitive measures in the form of a minimum import price (MIP) for the cooperating exporters who are granted IT and a fixed duty of EUR 415 per tonne net product weight for all the others. Imports from the cooperating exporters who are granted IT would be subject to a MIP of EUR 1 153 per tonne net product weight.

               (79)

               That MIP is based on the normal value established in the analogue country, increased to a CIF Union border price level using export data from the cooperating Chinese exporters and then expressed in EUR/tonne net product weight.

               (80)

               Where imports are undertaken at a CIF Union border price equal to or above the minimum import price established, no duty would be payable. If imports are undertaken at a lower price, the difference between the actual price and the minimum import price established would become payable.

               (81)

               Non-cooperating exporters and exporters not granted IT would be subject to the residual duty of EUR 415 per tonne net product weight (based the difference between the non-injurious price as mentioned in recital 126 of the provisional Regulation and the most injurious transaction of a cooperating exporter during the IP) regardless of the import price.

               (82)

               That form of measures would allow EU producers to recover from the effects of injurious dumping and should also prevent any undue price increases which could have a significant negative impact on the users’ business.

               (83)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties. They were also granted a period of time within which they could make representations following this disclosure. The Union industry subsequently contested the allegations made by the users concerning the shortage of the product concerned as well as the evolution of prices after the IP on the Union market. With regard to the shortage, the Union industry argued that their industry was cyclical and that there were other sources of supply such as Trinidad and Qatar. As to the trend in prices, they contended that the increase had started well before the imposition of provisional measures. However, it cannot be denied that prices have continued to increase since the imposition of the provisional measures and that the imports from other sources are not significant. The comments submitted by other parties were duly considered but were not such as to change the conclusions.

               (84)

               The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by these companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in Article 1 with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

               (85)

               Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, this Regulation will then be amended accordingly by updating the list of companies benefiting from individual anti-dumping duty rates.

               (86)

               In order to minimise the risks of circumvention, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures 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 exporters.

               (87)

               Should the exports by one of the companies benefiting from the MIP increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances, and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of the MIP and the consequent imposition of a duty.

               (88)

               If market conditions change significantly after the imposition of definitive measures, the Commission may, on its own initiative, review the form of the measures in order to assess whether the measures are achieving the intended results in removing the injury and whether a change in the form of the measures is warranted.

         4.3.
         Definitive collection of provisional anti-dumping duties

               (89)

               In view of the magnitude of the dumping margins found and in the light of the level of the injury caused to the Union industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by the provisional Regulation, should be definitively collected to the extent of the amount of the definitive duties imposed. Where the definitive duties are lower than the provisional duties, amounts provisionally secured in excess of the definitive rate of anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of melamine, currently falling within CN code 2933 61 00 and originating in the People’s Republic of China.
   2.   The rate of the definitive anti-dumping duty applicable to the product described in paragraph 1 and produced by the companies below shall be as follows:

               Company

               Minimum import price
               (EUR/tonne net product weight)

               Duty
               (EUR/tonne net product weight)

               TARIC additional code

               Sichuan Jade Elephant Melamine S&T Co. Ltd

               1 153

               —

               A986

               Shandong Liaherd Chemical Industry Co. Ltd

               1 153

               —

               A987

               Henan Junhua Development Company Ltd

               1 153

               —

               A988

               All other companies

               —

               415

               A999

         For the individually named producers, the amount of the definitive anti-dumping duty applicable to the product described in paragraph 1 shall be the difference between the minimum import price and the net, free-at-Union-frontier price, before duty, in all cases where the latter is less than the minimum import price. For these individually named producers, no duty shall be collected where the net free-at-Union-frontier price, before duty, is equal to or higher than the corresponding minimum import price.
   The application of the minimum import price specified for the companies mentioned in this paragraph 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 applicable to all other companies shall apply.
   3.   For the individually named producers and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4), the minimum import price set out above shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced minimum import price and the reduced net, free-at-Union-frontier price, before customs clearance.
   For all other companies and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Regulation (EEC) No 2454/93, the amount of the anti-dumping duty, calculated on the basis of paragraph 2 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 1035/2010 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.
   Article 3
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 May 2011.

            For the Council

            The President

         MARTONYI J.

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

      (2)  OJ L 298, 16.11.2010, p. 10.

      (3)  European Commission, Directorate-General for Trade, Directorate H, NERV-105, 1049 Bruxelles/Brussel, BELGIUM.

      (4)  OJ L 253, 11.10.1993, p. 1.

      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(2):

                  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 melamine sold for export to the European Union covered by this invoice was manufactured by (company name and registered seat) (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 179/2013 of 28 February 2013 fixing the import duties in the cereals sector applicable from 1 March 2013

text:
               1.3.2013

               EN

               Official Journal of the European Union

               L 58/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 179/2013
   of 28 February 2013
   fixing the import duties in the cereals sector applicable from 1 March 2013
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Import duties should be fixed for the period from 1 March 2013 and should apply until new import duties are fixed and enter into force.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 March 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 February 2013.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 March 2013

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

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

                  —

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

                  —

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

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      15.2.2013-27.2.2013

                  1.

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

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              237,19

                              207,60

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              299,44

                              289,44

                              269,44

                              Gulf of Mexico premium

                              82,86

                              18,84

                              —

                              —

                              —

                              Great Lakes premium

                              —

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico-Rotterdam:

                              14,73 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              — EUR/t

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

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

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


title: Commission Implementing Regulation (EU) No 1208/2014 of 11 November 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               12.11.2014

               EN

               Official Journal of the European Union

               L 327/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 1208/2014
   of 11 November 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 November 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  78,9

                  MA

                  58,0

                  MK

                  67,1

                  ZZ

                  68,0

                  0707 00 05

                  AL

                  79,4

                  JO

                  194,1

                  MK

                  74,3

                  TR

                  123,4

                  ZZ

                  117,8

                  0709 93 10

                  AL

                  72,2

                  MA

                  63,5

                  TR

                  124,5

                  ZZ

                  86,7

                  0805 20 10

                  MA

                  97,1

                  TR

                  74,4

                  ZZ

                  85,8

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

                  MK

                  74,3

                  TR

                  74,0

                  ZZ

                  74,2

                  0805 50 10

                  AR

                  78,7

                  TR

                  88,4

                  ZZ

                  83,6

                  0806 10 10

                  BR

                  284,6

                  LB

                  302,8

                  PE

                  255,7

                  TR

                  144,6

                  US

                  312,5

                  ZZ

                  260,0

                  0808 10 80

                  AR

                  153,3

                  BA

                  46,1

                  BR

                  53,5

                  CA

                  136,0

                  CL

                  88,2

                  NZ

                  147,4

                  US

                  101,6

                  ZA

                  129,1

                  ZZ

                  106,9

                  0808 30 90

                  CN

                  85,3

                  ZZ

                  85,3

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


title: Commission Implementing Regulation (EU) No 969/2013 of 2 October 2013 entering a name in the register of protected designations of origin and protected geographical indications [Pasta di Gragnano (PGI)]

text:
               11.10.2013

               EN

               Official Journal of the European Union

               L 270/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 969/2013
   of 2 October 2013
   entering a name in the register of protected designations of origin and protected geographical indications [Pasta di Gragnano (PGI)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Pasta di Gragnano’ 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 ‘Pasta di Gragnano’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   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, 2 October 2013.

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

            Member of the Commission

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

      (2)  OJ C 77, 15.3.2013, p. 25.

      ANNEX
      Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

         Class 2.7.   Pasta

      ITALY
      Pasta di Gragnano (PGI)


title: Commission Implementing Regulation (EU) No 124/2012 of 13 February 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               14.2.2012

               EN

               Official Journal of the European Union

               L 40/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 124/2012
   of 13 February 2012
   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, 13 February 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 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  54,6

                  TN

                  85,2

                  TR

                  93,7

                  ZZ

                  77,8

                  0707 00 05

                  EG

                  229,9

                  JO

                  134,1

                  TR

                  168,6

                  US

                  57,6

                  ZZ

                  147,6

                  0709 91 00

                  EG

                  330,9

                  ZZ

                  330,9

                  0709 93 10

                  MA

                  84,3

                  TR

                  149,7

                  ZZ

                  117,0

                  0805 10 20

                  EG

                  47,7

                  IL

                  74,0

                  MA

                  51,9

                  TN

                  51,6

                  TR

                  72,7

                  ZZ

                  59,6

                  0805 20 10

                  IL

                  163,3

                  MA

                  106,7

                  ZZ

                  135,0

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

                  CN

                  60,1

                  EG

                  95,0

                  IL

                  107,5

                  MA

                  111,8

                  TR

                  71,6

                  ZZ

                  89,2

                  0805 50 10

                  EG

                  58,2

                  TR

                  51,1

                  ZZ

                  54,7

                  0808 10 80

                  CA

                  124,7

                  CL

                  98,4

                  CN

                  111,0

                  MK

                  26,7

                  US

                  151,3

                  ZZ

                  102,4

                  0808 30 90

                  CL

                  178,7

                  CN

                  80,5

                  US

                  122,2

                  ZA

                  112,3

                  ZZ

                  123,4

         (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 1070/2011 of 21 October 2011 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:
               22.10.2011

               EN

               Official Journal of the European Union

               L 277/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 1070/2011
   of 21 October 2011
   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). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 1059/2011 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

         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 22 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 October 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

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

      (4)  OJ L 276, 21.10.2011, p. 37.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 22 October 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  48,08

                  0,00

                  1701 11 90 (1)

                  48,08

                  0,48

                  1701 12 10 (1)

                  48,08

                  0,00

                  1701 12 90 (1)

                  48,08

                  0,18

                  1701 91 00 (2)

                  49,54

                  2,61

                  1701 99 10 (2)

                  49,54

                  0,00

                  1701 99 90 (2)

                  49,54

                  0,00

                  1702 90 95 (3)

                  0,50

                  0,22

         (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: Council Implementing Regulation (EU) No 567/2012 of 26 June 2012 amending Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China, by adding a company to the list of producers from the People’s Republic of China listed in Annex I

text:
               29.6.2012

               EN

               Official Journal of the European Union

               L 169/11

         COUNCIL IMPLEMENTING REGULATION (EU) No 567/2012
   of 26 June 2012
   amending Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China, by adding a company to the list of producers from the People’s Republic of China listed in Annex I
   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 thereof,
   Having regard to Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (2) (‘Implementing Regulation (EU) No 917/2011’) and in particular Article 3 thereof,
   Having regard to the proposal submitted by the European Commission (‘the Commission’) after consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               By Implementing Regulation (EU) No 917/2011, the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tiles originating in the People’s Republic of China (‘China’). Given the large number of cooperating exporting producers in China in the investigation that led to the imposition of the anti-dumping duty (‘the original investigation’), a sample of Chinese exporting producers was selected and individual duty rates ranging from 26,3 % to 36,5 % were imposed on the companies included in the sample, while other cooperating companies not included in the sample were attributed a duty rate of 30,6 %. A duty rate of 69,7 % was imposed on all other Chinese companies.

               (2)

               Article 3 of Implementing Regulation (EU) No 917/2011 stipulates that where any new exporting producer in China provides sufficient evidence to the Commission that:

                           —

                           it did not export to the Union the products described in Article 1(1) of that Regulation during the investigation period (1 April 2009 to 31 March 2010) (‘the investigation period’) (the first criterion),

                           —

                           it is not related to any of the exporters or producers in China which are subject to the anti-dumping measures imposed by that Regulation (the second criterion), and

                           —

                           it has actually exported to the Union the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union (the third criterion),

                     then Article 1(2) of that Regulation can be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, i.e. 30,6 %.

         B.   NEW EXPORTING PRODUCER REQUEST

               (3)

               A Chinese company (‘the applicant’) has applied to be granted the same treatment as the companies cooperating in the original investigation not included in the sample (‘new exporting producer treatment’).

               (4)

               An examination has been carried out to determine whether the applicant fulfils the criteria for being granted new exporting producer treatment as set out in Article 3 of Implementing Regulation (EU) No 917/2011.

               (5)

               A questionnaire was sent to the applicant who was asked to supply evidence to demonstrate that it met the three criteria mentioned above.

               (6)

               The evidence provided by the Chinese exporting producer was considered sufficient to show that it fulfils the criteria set out in Article 3 of Implementing Regulation (EU) No 917/2011. This exporting producer can therefore be granted the duty rate applicable to the cooperating companies not included in the sample (i.e. 30,6 %) and consequently its name can be added to the list of exporting producers in Annex I to Implementing Regulation (EU) No 917/2011.

               (7)

               The applicant and the Union industry have been informed of the findings of the examination and were given the opportunity to submit their comments.

               (8)

               All arguments and submissions made by interested parties were analysed and duly taken into account where warranted,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The following company shall be added to the list of producers from the People’s Republic of China listed in Annex I to Implementing Regulation (EU) No 917/2011:

                  ‘Name

                  TARIC additional code

                  Onna Ceramic Industries (China) Co. Ltd

                  B293’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Luxembourg, 26 June 2012.

            For the Council

            The President

         N. WAMMEN

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

      (2)  OJ L 238, 15.9.2011, p. 1.