title: Commission Implementing Regulation (EU) 2016/1346 of 8 August 2016 extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1008/2011, as amended by Council Implementing Regulation (EU) No 372/2013, on imports of hand pallet trucks and their essential parts originating in the People's Republic of China to imports of slightly modified hand pallet trucks originating in the People's Republic of China

text:
               9.8.2016

               EN

               Official Journal of the European Union

               L 214/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1346
   of 8 August 2016
   extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1008/2011, as amended by Council Implementing Regulation (EU) No 372/2013, on imports of hand pallet trucks and their essential parts originating in the People's Republic of China to imports of slightly modified hand pallet trucks originating in the People's Republic of China
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (the ‘basic Regulation’), and in particular to Articles 13(3) and 14(5)) thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Previous investigations and existing measures

               (1)

               In July 2005, by Regulation (EC) No 1174/2005 (2) the Council imposed a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (‘the PRC’). The measures consisted of an ad valorem anti-dumping duty ranging between 7,6 % and 46,7 % (‘the original anti-dumping measures’).

               (2)

               In July 2008, following an ex officio partial interim review under Article 11(3) of the basic Regulation, the Council clarified the scope of the measures and excluded certain products, high lifters, stackers, scissor lifts and weighing trucks, that were found to be distinct from hand pallet trucks due to their characteristics and specific functions and end-uses, from the original anti-dumping measures (3).

               (3)

               In June 2009, by Regulation (EC) No 499/2009 (4) the Council, following an anti-circumvention investigation under Article 13 of the basic Regulation, extended the definitive anti-dumping duty applicable to ‘all other companies’ imposed by Regulation (EC) No 1174/2005 to hand pallet trucks consigned from Thailand whether declared as originating in Thailand or not.

               (4)

               In October 2011, by Council Implementing Regulation (EU) No 1008/2011 (5), the Council imposed a definitive anti-dumping duty on imports of hand pallet trucks originating in the PRC following an expiry review pursuant to Article 11(2) of the basic Regulation.

               (5)

               In April 2013, Council Implementing Regulation (EU) No 372/2013 (6) amended Council Implementing Regulation (EU) No 1008/2011, following an interim review pursuant to Article 11(3) of the basic Regulation and imposed a duty rate of 70,8 % applicable to all imports into the Union of hand pallet trucks originating in the PRC.

               (6)

               In September 2014, the Commission amended Implementing Regulation (EU) No 1008/2011 by Commission Implementing Regulation (EU) No 946/2014 (7). following a new exporter review pursuant to Article 11(4) of the basic Regulation, imposing an individual duty rate of 54,1 % on imports of hand pallet trucks from Ningbo Logitrans Handling Equipment Co.

               (7)

               The measures in force are definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the PRC as described in recitals 5 and 6 above.

         1.2.   Request

               (8)

               On 4 November 2015, the Commission received a request under Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the measures in force and to make imports of the product under investigation subject to registration.

               (9)

               The request was lodged by BT Products AS, Lifter SRL and PR Industrial SRL, Union producers of hand pallet trucks.

         1.3.   The product concerned and the product under investigation

   1.3.1.   Product concerned

               (10)

               The product concerned by the possible circumvention is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, originating in the PRC, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900019 and 8431200019). Hand pallet trucks are trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (high lifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissor lifts); or (iv) to lift and to weigh the loads (weighing trucks).

         1.3.2.   Product under investigation

               (11)

               The product under investigation is the same as that defined in the previous recital, but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, currently falling within the same CN codes as the product concerned but falling within different TARIC codes (8427900030 and 8431200050) and originating in the PRC.

               (12)

               At initiation stage a margin of error of the weighing indication system was defined as equal to or exceeding 1 % of the load. However, the investigation established that the accuracy of the weighing indication system is not an essential characteristic to distinguish the product under investigation from hand pallet trucks. More specifically, as analysed in recitals 54 to 59 below the weighing mechanism of the product under investigation does not change the essential characteristics of the product under investigation, such as structure and use, in order to make it different from the product concerned.

         1.4.   The initiation

               (13)

               Having determined, after having informed the Member States, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission decided to investigate the possible circumvention of the measures in force and to make imports of the product under investigation subject to registration.

               (14)

               The investigation was initiated by Commission Implementing Regulation (EU) 2015/2346 of 15 December 2015 (8) (‘the initiating Regulation’).

         1.5.   The investigation

               (15)

               The Commission officially advised the authorities of the PRC, the exporting producers in this country, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation.

               (16)

               Questionnaires were sent to the exporting producers in the PRC and to the known importers in the Union.

               (17)

               Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being based on facts available.

               (18)

               One exporting producer in the PRC came forward and provided comments but did not submit a reply to the questionnaire intended for exporting producers. It was subsequently found non-cooperating (recital 26 below).

               (19)

               Three importers submitted a reply to the questionnaire to the Commission.

               (20)

               One supplier of weighing indication systems established in the Union made a written submission of its view on the investigation.

               (21)

               The Commission carried out the verification visits at the premises of the following companies:

                           —

                           Union producer: P.R. Industrial s.r.l., 53031 Casole d'Elsa, Siena, Italy,

                           —

                           Importer in the Union: Hyster-Yale Nederland BV, 6541 CN Nijmegen, The Netherlands.

         1.6.   Investigation period and reporting period

               (22)

               The investigation period covered the period from 1 January 2011 to 30 September 2015. Data were collected for the investigation period to investigate, inter alia, the alleged change in the pattern of trade.

               (23)

               More detailed data were collected for the reporting period from 1 October 2014 to 30 September 2015 in order to examine if imports were undermining the remedial effect of the anti-dumping measures in force and existence of dumping as alleged.

         2.   RESULTS OF THE INVESTIGATION

   2.1.   General consideration

               (24)

               In accordance with Article 13(1) of the basic Regulation, the assessment of possible circumvention was made by analysing successively:

                           —

                           whether there was a change in the pattern of trade between the PRC and the Union,

                           —

                           if this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the anti-dumping measures in force,

                           —

                           if there was evidence of injury or the remedial effects of the anti-dumping measures in force were being undermined in terms of the prices and/or quantities of the product under investigation, and

                           —

                           whether there was evidence of dumping in relation to the normal values previously established for the product concerned.

         2.2.   Cooperation

               (25)

               None of the known exporting producers established in the PRC cooperated in the investigation and requested exemption from any possible extension of the measures in force by replying to the questionnaire sent.

               (26)

               However, as explained in recital 18, Noblelift submitted comments following initiation but did not reply to the questionnaire and was found non-cooperating on the basis of Article 18 of the basic Regulation.

               (27)

               Therefore, the Commission was not in a position to verify directly at the source the nature of the possible circumvention.

               (28)

               Accordingly, findings in respect of the assessment of possible circumvention as detailed in recital 24 had to be made on the basis of the facts available in accordance with Article 18 of the basic Regulation.

               (29)

               In that perspective, findings were made on the basis of information collected from cooperating importers, Eurostat statistics and the request. The comments submitted by the exporting producer that came forward were also considered, where appropriate.

         2.3.   Change in the pattern of trade

               (30)

               Due to the non-cooperation of the exporting producers, import volumes were established on the basis of Eurostat statistics and information provided by the three cooperating importers and the applicants.

               (31)

               Furthermore, data used for analysing the change in pattern of trade are based on imports of the complete trucks. The anti-dumping measures in force cover both hand pallet trucks and their essential parts (i.e. chassis and hydraulics). According to Eurostat, there are negligible or no imports of the so-called essential parts from the PRC to the Union.

               (32)

               Last, the TARIC code, under which the product under investigation was imported, included also imports of other types of trucks, i.e. weighing trucks, high lifters, stackers and scissor lifts that are different than the product concerned.

               (33)

               The table below shows import volumes of hand pallet trucks and ‘other trucks’, including the product under investigation, based on Eurostat during the investigation period.

                  Table 1

                           Imports to EU (Pcs)

                           2011

                           2012

                           2013

                           2014

                           Reporting period

                           Hand pallet trucks

                           573 400

                           575 607

                           236 340

                           113 753

                           96 115

                              Index

                              100

                              100

                              41

                              20

                              17

                           Other trucks

                           231 949

                           217 045

                           161 542

                           275 632

                           355 844

                              Index

                              100

                              94

                              70

                              119

                              153

                              Source: Eurostat

               (34)

               On this basis, imports of hand pallet trucks have dropped by more than 80 % during the investigation period. The most significant decrease occurred between 2012 and 2013 (by 60 %). This trend continued in the following years, however at a less pronounced extent.

               (35)

               The drop in 2013 occurred after the conclusion of the interim review in April 2013 referred to recital 5 above and which resulted in an increase of the anti-dumping duty on hand pallet trucks from the PRC to a single countrywide duty of 70,8 %.

               (36)

               In contrast, imports of ‘other trucks’ including the product under investigation increased in 2014 and in the reporting period by more than 50 % as compared to the beginning of the investigation period. This change in the pattern of trade occurred largely in parallel to the significant decrease in imports of hand pallet trucks.

               (37)

               Although it was not possible to identify the imports of the product under investigation on the basis of Eurostat, the information collected during the investigation showed strong indications that this increase of imports of ‘other trucks’ could in fact be attributed to an increase of imports of the product under investigation.

               (38)

               Firstly, the considerable decrease of imports of hand pallet trucks and the substantial increase of imports of ‘other trucks’ including the product under investigation coincided with the significant increase of the anti-dumping duty in 2013.

               (39)

               Secondly, the applicants provided information that shortly after the increase of the anti-dumping duty, a number of importers submitted applications to the customs authorities in Germany and in Czech Republic for binding tariff information requesting that the product under investigation falls within the TARIC code for ‘other trucks’ not subject to the anti-dumping duty. The submission of such requests immediately after the increase of the anti-dumping duties suggests that they were made merely in order to avoid the higher anti-dumping duties.

               (40)

               Thirdly, since Eurostat statistics do not separate imports of the product under investigation, the analysis on the change in the pattern of trade was also based on the information provided by the three cooperating importers.

               (41)

               The three cooperating importers represented between 2 % and 7 % of the imports of the product under investigation and other trucks compared to the total ‘other trucks’ recorded in Eurostat and between 1 % and 6 % of the total imports of hand pallet trucks and ‘other trucks’ during the reporting period.

               (42)

               Imports of these importers developed as follows during the investigation period:

                  Table 2

                           Imports of cooperating importers from the PRC (index)

                           2011

                           2012

                           2013

                           2014

                           Reporting period

                              Product concerned

                              100

                              111

                              31

                              2

                              4

                              Product under investigation

                              100

                              350

                              2 800

                              97 133

                              100 500

                              Other trucks

                              100

                              82

                              71

                              93

                              103

                              Source: importers' questionnaire reply

               (43)

               The information provided by the cooperating importers confirmed that importers increased the purchases of the product under investigation from the PRC during the investigation period, while imports of hand pallet trucks decreased in parallel. While imports of the product under investigation were already taking place in 2011 and 2012 following the extension of the measures based on the findings of the expiry review referred to in recital 4 above they increased more significantly in 2013, after the increase of the anti-dumping duty rate. The most considerable increase occurred in 2014 were imports reached levels going far beyond the level in 2011 and increased even further in the reporting period. In parallel, imports of hand pallet trucks nearly disappeared in 2014 and in the investigation period. This same trend could be observed in Eurostat where the most significant increase in imports of ‘other trucks’ occurred also in 2014.

               (44)

               In contrast, import volumes of ‘other trucks’ excluding the product under investigation barely changed (by 3 % during the investigation period) and their overall level in units remained very low in comparison to imports of the product under investigation (recital 33 above).

               (45)

               Fourth, as established under recitals 52 to 59 below, the product under investigation has the same basic characteristics and end-uses as hand pallet trucks and are interchangeable, while all other trucks are used for different purposes and are not interchangeable with hand pallet trucks.

               (46)

               On this basis, it was concluded that the increase of imports of ‘other trucks’ as observed in Eurostat was due to the increase of imports of the product under investigation. In that perspective, the increase in units of product under investigation imported were estimated on the basis of the imports data to have increased by around 110 000 units between 2013 and 2014, namely an increase of around 70 %, further increasing between 2014 and the reporting period by more than 80 000 units, namely by around 30 %. In the previous years of the investigation period the import trend was even decreasing.

               (47)

               Therefore, in the absence of any cooperation from the Chinese exporting producers, it was concluded that a change in pattern of trade within the meaning of Article 13(1) of the basic Regulation took place.

         2.4.   The nature of the circumvention practice

               (48)

               The applicants alleged that the circumvention practice consists of the importation of slightly modified products by simply incorporating a ‘weight indication system’ not integrated in the chassis having a margin of error equal to or exceeding 1 % of the load. These products are wrongly declared as weighing trucks at importation.

               (49)

               The applicants argued that the product under investigation is different from weighing trucks, as the weighing mechanism of the product under investigation is much less sophisticated than the weighing mechanism of weighing trucks and does not give accurate results. They further argued that the structure of both products is significantly different.

         2.4.1.   Weighing trucks

               (50)

               In line with the clarification of the scope of the measures which excluded certain products amongst which the weighing trucks referred to in recital 2 above, the investigation revealed that weighing trucks have a weighing scale incorporated in the chassis, that is to say in the forks. Thus, the weighing device of a weighing truck consists of high precision load sensors (or cells) which are placed in the forks. The forks are therefore made of two parts. The sensors are mounted and positioned in the lower part. The upper part is lying on the sensors. This mechanism allows for an accurate and precise measurement of the weight put on the forks.

               (51)

               The equipment is fragile and requires periodical calibration. In contrast to the product concerned and the product under investigation, the system is not designed for intensive lifting and moving loads because the weighing scale device would be damaged. In addition, unlike the product concerned and the product under investigation, the use of weighing trucks requires specific training.

         2.4.2.   Product under investigation

               (52)

               The investigation established that the product under investigation has essentially the same structure and use as hand pallet trucks which are trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. These trucks are designed to raise a load, by pumping the tiller, to a height sufficient for transporting.

               (53)

               The product under investigation is additionally equipped with a weighing device (either mechanical or electronic). However, this device is not incorporated in the chassis and the forks consist of only one part exactly as the product concerned. Instead, the weighing device is mounted directly on the hand pallet truck structure and can be subsequently removed without changing the structure and the use of the hand pallet trucks. Without the weighing device the product under investigation is not distinguishable from hand pallet trucks and is used for the exact same purposes as a hand pallet trucks.

               (54)

               On the other hand, the weighing device of the product under investigation provides only an approximate indication of the weight with a substantial margin of error in some cases. The investigation revealed that contrary to what was alleged at initiation stage, the accuracy of the weighing device does not constitute an essential characteristic of the product under investigation in comparison with the product concerned. Even with an accurate weighing indication system the product under investigation shares the same characteristics as a hand pallet trucks, that is to say the structure and the use.

               (55)

               This is in contrast to the main characteristics of weighing trucks which, as explained above, have sophisticated and costly weighing devices integrated in the chassis (namely the forks) which also requires a different fork structure. The weighing devices of the weighing trucks are not removable and provide accurate and exact values. Technology and production processes of weighing trucks are fundamentally different from those of the product under investigation.

               (56)

               During the investigation two different weighing devices were identified, mechanical and electronic. The electronic weighing device appears to be more accurate in the indication of the weight than the mechanical weighing device.

               (57)

               The exporting producer that submitted comments following initiation argued that the hand pallet trucks exported by it was fitted with a patented electronic weighing mechanism integrated in the chassis. The weighing mechanism had an allegedly ‘good weigh accuracy’ and met the requirements of the customers. Secondly, this exporting producer argued that the definition of the weight accuracy at initiation stage, namely ‘a margin of error equal or exceeding 1 % of the load’, is not appropriate as it merely refers to ‘load’ while weight accuracy can only be achieved by loads of at least 100 kg.

               (58)

               On this basis the exporting producer argued that the definition of the product under investigation should be amended by only referring to ‘mechanical weighing mechanisms’ and to remove the 1 % threshold from the definition.

               (59)

               However, in contrast to what was claimed, the weighing mechanism was merely mounted on the hand pallet truck structure and thus not integrated in the chassis, namely the forks. The weighing mechanism could be marketed separately. While the device gave indeed a more precise indication of the weight than mechanical weighing devices, it remains that the structure of the trucks exported by this company is the same than the one of the hand pallet trucks. Therefore, it was considered that this device does not change the main characteristics of the hand pallet trucks and falls within the definition of the product under investigation.

         2.4.3.   Conclusion on the existence of circumvention practice

               (60)

               The investigation established that the product under investigation is clearly distinguishable from weighing trucks as it does not have the same basic characteristics or end-uses. They are not interchangeable.

               (61)

               In contrast, the product under investigation has the same basic characteristics and end-uses as hand pallet trucks. The weighing device attached to it does not alter its characteristics and is removable in some cases. Both products are essentially used for the same purpose, namely lifting loads for transportation and the function of indicating weight was not found to be an essential characteristic.

               (62)

               It can therefore be concluded that the circumvention practice consists of the imports of the product under investigation.

         2.5.   Insufficient due cause or economic justification

               (63)

               As mentioned above in recitals 34 to 46, the practice significantly increased after the imposition of the higher duty rate in 2013. Since the product under investigation and hand pallet trucks are considered interchangeable, this practice has no other apparent economic justification than the circumvention of the anti-dumping duty.

               (64)

               The applicants provided indications that the sole intent of the imports of the product under investigation was to avoid the duties. These indications referred to the fact that one exporter offered the product under investigation in a brochure as ‘ADD free’ or another exporting producer recommended removing the weighing device after importation.

               (65)

               The exporting producer that requested to change the definition of the product under investigation as explained in recital 58 also argued that the product type exported by it was developed and exported prior to the increase of the anti-dumping duty and it had no incentive to circumvent the duty. The exporting producer also claimed that exports of the product type exported by it only represents a small part of total exports the product under investigation but did not support these claims by any evidence, as it did not provide any reply to the questionnaire and therefore it was not possible to establish and verify export quantities and dates for these exports.

               (66)

               On the basis of the information available from the cooperating importers, it can indeed be seen that imports of the product under investigation started before 2013. However, a significant increase only occurred after the increase of the anti-dumping duty in 2013. Therefore, it can be considered that the change in the pattern of trade only occurred after 2013. For this change in the pattern of trade there has not been any apparent economic justification other than the imposition of the duty.

               (67)

               One importer of hand pallet trucks and the product under investigation and one supplier of weight indicating systems used in the product under investigation claimed that there is a market for trucks equipped with this type of weight indication system of lower accuracy as for certain specific applications (e.g. checking the load of waste materials, preventing overloading of freight trucks, whole sellers in certain sectors of activities) and mere estimation of the total load would be sufficient.

               (68)

               However, the fact that imports of the product under investigation only started after the increase of the anti-dumping duty and that, at the same time, imports of hand pallet trucks considerably decreased and almost disappeared in the reporting period, shows that the imports of product under investigation do not serve a new market, but in fact largely replaced imports of hand pallet trucks. The coincidence in time with the increase of the anti-dumping duty shows that the purpose of the increased imports of the product under investigation was in fact the avoidance of the anti-dumping duty. This argument had therefore to be rejected.

         2.6.   Undermining the remedial effect of the duty in terms of the price and/or the quantities of the like product

               (69)

               As explained in recital 46, the imports of the product under investigation were estimated to have increased by around 110 000 units between 2013 and 2014, i.e. an increase of around 70 %; they further increased between 2014 and the reporting period by more than 80 000 units, i.e. by around 30 %. These increases were considered significant. They represented in total around 42 % of the total trucks imported during the reporting period. In addition, ‘other trucks’ represented in 2011, around 30 % of the total trucks imported from the PRC while this ratio increased to around 79 % during the reporting period.

               (70)

               In order to determine whether the remedial effects of the duty were undermined in terms of prices, in accordance with Article 13(1) of the basic Regulation it was established whether import prices of the product under investigation were underselling the Union industry non-injurious price as established in previous investigations. In the framework of the last expiry review concluded in 2011 referred to in recital 4 above the non-injurious price was recalculated as compared to the original investigation. This target price was used in the comparison with the weighted average export price from the PRC during the reporting period, the latter determined on the basis of the information submitted by the cooperating importers. This comparison showed significant underselling during the reporting period.

               (71)

               Given the above, and considering the significant import volumes of the product under investigation estimated during the reporting period, it was concluded that the remedial effects of the measures in force are being undermined both in terms of quantities and prices.

         2.7.   Evidence of dumping in relation to the normal value previously established

               (72)

               The normal value of the product concerned has been last established in the interim review concluded in 2013 referred to in recital 5 above.

               (73)

               In order to establish whether dumping existed during the reporting period, the average import prices of the product under investigation from the cooperating importers were compared to the normal value of the product concerned established in the interim review.

               (74)

               Import prices were adjusted to ex-works level based on information received from the cooperating importers. The import prices were also adjusted for differences in the physical characteristics, that is to say the weighing device incorporated in the hand pallet trucks.

               (75)

               The comparison showed significant dumping. It clearly demonstrates the existence of dumping when comparing the current prices of imports from the PRC of the product under investigation with the normal value previously established as required under Article 13(1) of the basic Regulation.

         3.   MEASURES

               (76)

               In view of the findings above, it was concluded that the definitive anti-dumping duty imposed on hand pallet trucks originating in the PRC are circumvented by imports of slightly modified hand pallet trucks incorporating a weight indication system not integrated in the chassis (the forks) originating in the PRC.

               (77)

               In accordance with Article 13(1) of the basic Regulation, the anti-dumping measures in force on imports of hand pallet trucks originating in the PRC should therefore be extended to imports of hand pallet trucks equipped with ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, originating in the PRC.

               (78)

               Under Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measures should apply to imports which entered the Union under registration imposed by initiating Regulation, the anti-dumping duty should be collected on those imports into the Union of hand pallet trucks equipped with ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis originating in the PRC.

         4.   REQUESTS FOR EXEMPTION

               (79)

               It the absence of requests by Chinese exporting producers, no exemption was granted.

         5.   DISCLOSURE

               (80)

               All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. No comments were submitted.

               (81)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty imposed by Implementing Regulation (EU) No 372/2013 on imports of hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427900011 and 8427900019) and ex 8431 20 00 (TARIC codes 8431200011 and 8431200019), originating in the People's Republic of China is extended to the same product but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, currently falling within TARIC codes 8427900030 and 8431200050.
   2.   The duty extended by paragraph 1 of this Article shall be collected on imports into the Union of hand pallet trucks and their essential parts, i.e. chassis and hydraulics, registered in accordance with Article 2 of Implementing Regulation (EU) 2015/2346 and Articles 13(3) and 14(5) of Regulation (EU) 2016/1036.
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1049 Bruxelles/Brussel

               BELGIQUE/BELGIË

         2.   In accordance with Article 13(4) of Regulation (EU) 2016/1036 the Commission, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Council Implementing Regulation (EU) No 372/2013 from the duty extended by Article 1 of this Regulation.
   Article 3
   Customs authorities are directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EU) 2015/2346.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21.)

      (2)  Council Regulation (EC) No 1174/2005 of 18 July 2005 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (OJ L 189, 21.7.2005, p. 1.)

      (3)  Council Regulation (EC) No 684/2008 of 17 July 2008 clarifying the scope of the anti-dumping measures imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People's Republic of China (OJ L 192, 19.7.2008, p. 1.)

      (4)  Council Regulation (EC) No 499/2009 of 11 June 2009 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People's Republic of China to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not (OJ L 151, 16.6.2009, p. 1.)

      (5)  Council Implementing Regulation (EU) No 1008/2011 of 10 October 2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 268, 13.10.2011, p. 1).

      (6)  Council Implementing Regulation (EU) No 372/2013 of 22 April 2013 amending Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 112, 24.4.2013, p. 1).

      (7)  Commission Implementing Regulation (EU) No 946/2014 of 4 September 2014 amending Council Implementing Regulation (EU) No 1008/2011 imposing a definitive anti- dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009 (OJ L 265, 5.9.2014, p. 7).

      (8)  Commission Implementing Regulation (EU) 2015/2346 of 15 December 2015 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 1008/2011, as amended by Council Implementing Regulation (EU) No 372/2013, on imports of hand pallet trucks and their essential parts originating in the People's Republic of China by imports of slightly modified hand pallet trucks originating in the People's Republic of China, and making such imports subject to registration (OJ L 330, 16.12.2015, p. 43.)


title: Commission Implementing Regulation (EU) 2016/329 of 8 March 2016 concerning the authorisation of 6-phytase as a feed additive for all avian species and for weaned piglets, pigs for fattening, sows and minor porcine species (holder of the authorisation Lohmann Animal Nutrition GmbH) (Text with EEA relevance)

text:
               9.3.2016

               EN

               Official Journal of the European Union

               L 62/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/329
   of 8 March 2016
   concerning the authorisation of 6-phytase as a feed additive for all avian species and for weaned piglets, pigs for fattening, sows and minor porcine species (holder of the authorisation Lohmann Animal Nutrition GmbH)
   (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 6-phytase. 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 6-phytase as a feed additive for avian and porcine species to be classified in the additive category ‘zootechnical additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 17 June 2015 (2) that, under the proposed conditions of use, 6-phytase does not have an adverse effect on animal health, human health or the environment. It was also concluded that the additive has the potential to improve the phosphorus digestibility, phosphorus utilisation or the bone mineralisation of laying hens, chickens for fattening, all pig categories and turkeys for fattening. The Authority considered that these conclusions can be extended to chickens reared for laying and turkeys reared for breeding. Moreover, it determined that the conclusions can be extrapolated to all minor poultry species and other avian species up to point of lay and for laying. Similarly, the conclusions drawn in pigs can be extrapolated to minor porcine species. 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.

               (5)

               The assessment of 6-phytase 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 additive should be authorised as specified in the Annex to this Regulation.

               (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:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, 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 March 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  EFSA Journal 2015; 13(7):4159.

      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

                  Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: digestibility enhancers

                  4a23

                  Lohmann Animal Nutrition GmbH

                  6-phytase
                  EC 3.1.3.26

                     Additive composition

                  Preparation of 6-phytase produced by Komagataella pastoris (DSM 25375) having a minimum activity of: 40 000 U (1)/g
                  Liquid and solid form

                     Characterisation of the active substance

                  6-phytase (EC 3.1.3.26) produced by Komagataella pastoris (DSM 25375)

                     Analytical method
                      (2)

                  For the quantification of 6-phytase activity in the feed additive:
                  colorimetric method based on the enzymatic reaction of phytase on the phytate — VDLUFA Method Book, Vol. III, 27.1.1
                  For the quantification of 6-phytase activity in premixtures and mineral feeds:
                  colorimetric method based on the enzymatic reaction of phytase on the phytate — VDLUFA Method Book, Vol. III, 27.1.3
                  For the quantification of 6-phytase activity in feedingstuffs:
                  colorimetric method based on the enzymatic reaction of phytase on the phytate — EN ISO 30024.

                  Chickens for fattening and reared for laying, all avian species for fattening and reared for laying other than turkeys for fattening and reared for breeding

                  —

                  250 U

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage conditions and stability to heating treatment.

                              2.

                              For safety: breathing protection, safety glasses and gloves shall be used during handling.

                  29 March 2026

                  All avian species for laying

                  125 U

                  Turkeys for fattening and reared for breeding

                  500 U

                  Piglets (weaned), pigs for fattening, sows and minor porcine species

                  250 U

         (1)  1 U is the amount of enzyme which liberates 1 micromole of inorganic phosphate per minute from a sodium phytate substrate at pH 5,5 and 37 °C.

         (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


title: Commission Implementing Regulation (EU) No 576/2014 of 27 May 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.5.2014

               EN

               Official Journal of the European Union

               L 159/50

         COMMISSION IMPLEMENTING REGULATION (EU) No 576/2014
   of 27 May 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 May 2014.

            For the Commission,

            On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  45,8

                  MA

                  33,4

                  MK

                  75,5

                  TR

                  68,5

                  ZZ

                  55,8

                  0707 00 05

                  AL

                  36,9

                  MK

                  39,9

                  TR

                  119,9

                  ZZ

                  65,6

                  0709 93 10

                  MA

                  29,9

                  TR

                  111,2

                  ZZ

                  70,6

                  0805 10 20

                  EG

                  41,2

                  MA

                  41,0

                  TR

                  49,7

                  ZZ

                  44,0

                  0805 50 10

                  TR

                  121,8

                  ZA

                  139,4

                  ZZ

                  130,6

                  0808 10 80

                  AR

                  104,4

                  BR

                  97,8

                  CL

                  95,3

                  CN

                  98,7

                  MK

                  26,7

                  NZ

                  138,9

                  US

                  185,4

                  ZA

                  105,3

                  ZZ

                  106,6

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


title: Commission Implementing Regulation (EU) 2016/1834 of 17 October 2016 amending Regulation (EU) No 37/2010 as regards the substance monepantel (Text with EEA relevance)

text:
               18.10.2016

               EN

               Official Journal of the European Union

               L 280/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1834
   of 17 October 2016
   amending Regulation (EU) No 37/2010 as regards the substance monepantel
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               Article 17 of Regulation (EC) No 470/2009 requires that the maximum residue limit (MRL) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is established in a Regulation.

               (2)

               Table 1 of the Annex to Commission Regulation (EU) No 37/2010 (2) sets out the pharmacologically active substances and their classification regarding maximum residue limits (MRLs) in foodstuffs of animal origin.

               (3)

               Monepantel is currently included in that table as an allowed substance, for ovine and caprine species, applicable to muscle, fat, liver, kidney and milk.

               (4)

               An application for the extension of the existing entry for monepantel to bovine species has been submitted to the European Medicines Agency (EMA).

               (5)

               The EMA, based on the opinion of the Committee for Medicinal Products for Veterinary Use, has recommended the establishment of an MRL for monepantel in bovine tissues, excluding animals producing milk for human consumption.

               (6)

               According to Article 5 of Regulation (EC) No 470/2009, the EMA is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

               (7)

               The EMA has considered that the extrapolation of the MRL for monepantel from ovine and caprine milk to bovine milk is not appropriate at this time due to insufficient data.

               (8)

               Regulation (EU) No 37/2010 should therefore be amended accordingly.

               (9)

               It is appropriate to grant the stakeholders concerned a reasonable period of time to take measures that may be required to comply with the new MRL.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 17 December 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 October 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, the entry for the substance ‘monepantel’ is replaced by the following:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

                     Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic Classification

                     ‘Monepantel

                     Monepantel sulfone

                     Ovine, caprine

                     700 μg/kg

                     Muscle

                     NO ENTRY

                     Antiparasitic agents/Agents (acting) against endoparasites’

                     7 000  μg/kg

                     Fat

                     5 000  μg/kg

                     Liver

                     2 000  μg/kg

                     Kidney

                     170 μg/kg

                     Milk

                     Bovine

                     300 μg/kg

                     Muscle

                     Not for use in animals producing milk for human consumption

                     7 000  μg/kg

                     Fat

                     2 000  μg/kg

                     Liver

                     1 000  μg/kg

                     Kidney


title: Commission Implementing Regulation (EU) No 294/2012 of 3 April 2012 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin  Text with EEA relevance

text:
               4.4.2012

               EN

               Official Journal of the European Union

               L 98/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 294/2012
   of 3 April 2012
   amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
   (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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (the list), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

               (3)

               The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

               (4)

               In particular, the list should be amended by deleting the entries for commodities for which those information sources indicate an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official control is therefore no longer justified.

               (5)

               In addition, the list should be amended by increasing the official control frequency for the commodities for which the same source of information show a higher degree of non-compliance with the relevant Union legislation that warrants the increase of level of official controls.

               (6)

               The entries in the list for certain imports from India and for certain other commodities from all third countries should therefore be amended accordingly.

               (7)

               The amendment to the list concerning the deletion of the entries for certain commodities should apply as soon as possible, as the original safety concerns have been satisfied. Accordingly, those amendments should apply from the date of entry into force of this Regulation.

               (8)

               Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.

               (9)

               Regulation (EC) No 669/2009 should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.
   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.
   It shall apply from 1 April 2012.
   However, the amendments of Annex I to Regulation (EC) No 669/2009 concerning the deletion of entries of Capsicum annuum (crushed or ground), Curry (chilli products), Curcuma longa (turmeric) and Red palm oil for the possible contamination of Sudan dyes shall apply from the date of entry into force of this Regulation.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 April 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 194, 25.7.2009, p. 11.

      ANNEX

            ‘ANNEX I

               Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks
                        (%)

                        Hazelnuts
                        (in shell or shelled)

                        0802 21 00; 0802 22 00

                        Azerbaijan (AZ)

                        Aflatoxins

                        10

                           (Feed and food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Dried Noodles

                        ex 1902

                        China (CN)

                        Aluminium

                        10

                           (Food)

                        Pomelos

                        ex 0805 40 00

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

                        20

                           (Food - fresh)

                        Tea leaves (black and green)

                        ex 0902

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

                        10

                           (Food)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (3)

                        50

                                    —

                                    Bitter melon

                                       (Momordica charantia)

                                    —

                                    ex 0709 99 90; ex 0710 80 95

                                    —

                                    Peppers (sweet and other than sweet) (Capsicum spp.)

                                    —

                                    0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20; 0805 10 80

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

                        10

                                    —

                                    Peaches (excluding nectarines)

                                    —

                                 0809 30 90

                                    —

                                    Pomegranates

                                    —

                                 ex 0810 90 75

                                    —

                                    Strawberries

                                    —

                                 0810 10 00

                           (Food — fresh fruits and vegetables)

                        Peppers (sweet and other than sweet) (Capsicum spp.)

                        0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

                        10

                           (Food — fresh, chilled or frozen)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Ghana (GH)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                           (Feed and food)

                        Curry leaves (Bergera/Murraya koenigii)

                        ex 1211 90 85

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5)

                        50

                           (Food – fresh herbs)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                                    —

                                    Mace

                                       (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                                    —

                                    Ginger

                                       (Zingiber officinale)

                                    —

                                    0910 11 00, 0910 12 00

                                    —

                                       Curcuma longa (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Feed additives and premixtures

                        ex 2309; 2917 19 90; ex 2817 00 00; ex 2820 90 10; ex 2820 90 90; ex 2821 10 00; ex 2825 50 00; ex 2833 21 00; ex 2833 25 00; ex 2833 29 20; ex 2833 29 80; ex 2835; ex 2836; ex 2839; 2936

                        India (IN)

                        Cadmium and lead

                        10

                           (Feed)

                        Okra

                        ex 0709 99 90

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                        10

                           (Food — fresh)

                        Watermelon (egusi, Citrullus lanatus) seeds and derived products

                        ex 1207 70 00; ex 1106 30 90; ex 2008 99 99

                        Nigeria (NG)

                        Aflatoxins

                        50

                           (Food)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        Peru (PE)

                        Aflatoxins and Ochratoxin A

                        10

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    other dried fruits of the genus Capsicum (other than Capsicum annuum), whole

                                    —

                                 ex 0904 21 90

                           (Food — dried spice)

                        Peppers (other than sweet)(Capsicum spp.)

                        ex 0709 60 99

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

                        10

                           (Food — fresh)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Salmonella (6)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                                    —

                                    Mint

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        50

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                                    —

                                    Brassica vegetables

                                    —

                                    0704; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Sweet Peppers (Capsicum annuum)

                                    —

                                    0709 60 10; 0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

                        10

                                    —

                                    Tomatoes

                                    —

                                    0702 00 00; 0710 80 70

                           (Food — fresh, chilled or frozen vegetables)

                        Dried grapes (vine fruit)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                           (Food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        South Africa (ZA)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked “ex” (for example, ex 1006 30: only Basmati rice for direct human consumption is included).

         (2)  In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamipirid, Indoxacarb, Mandipropamid.

         (3)  In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

         (4)  In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

         (5)  In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

         (6)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

         (7)  In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

         (9)  In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

         (10)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

         (11)  In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.

         (12)  In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.’


title: Commission Implementing Regulation (EU) No 416/2014 of 23 April 2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine

text:
               24.4.2014

               EN

               Official Journal of the European Union

               L 121/53

         COMMISSION IMPLEMENTING REGULATION (EU) No 416/2014
   of 23 April 2014
   opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187(a) and (c) thereof,
   Whereas:

               (1)

               Regulation (EU) No 374/2014 of the European Parliament and of the Council (2) provides, inter alia, for the opening of import tariff quotas for certain cereals originating in Ukraine until 31 October 2014. The tariff quotas for the agricultural products referred to in Annex III to that Regulation are administered by the Commission pursuant to the rules laid down in accordance with Article 184(2)(b) of Regulation (EU) No 1308/2013.

               (2)

               To ensure that imports of cereals originating in Ukraine within these tariff quotas are orderly and not speculative, they should be made subject to the issue of import licences. Therefore Regulations (EC) No 1301/2006 (3), (EC) No 1342/2003 (4) and (EC) No 376/2008 (5) should apply, without prejudice to any derogations provided for by this Regulation.

               (3)

               To ensure the proper management of these quotas, deadlines for the submission of import licence applications should be laid down and the information to be included in applications and licences should be specified.

               (4)

               Commission Implementing Regulation (EU) No 1006/2011 (6) replaced the CN codes of the cereals referred to in Annex I to Council Regulation (EEC) No 2658/87 (7) by new codes that differ from the codes referred to in Regulation (EU) No 374/2014. Annex I to this Regulation should therefore refer to the new CN codes.

               (5)

               As the quotas referred to in Annex III to Regulation (EU) No 374/2014 are open only until 31 October 2014, this Regulation should enter into force as soon as possible.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Opening and providing for the administration of the tariff quotas
   1.   The import tariff quotas for certain products originating in Ukraine and listed in the Annex to this Regulation are open until 31 October 2014.
   2.   The rate of import duty within the tariff quotas referred to in paragraph 1 is set at EUR 0 per tonne.
   3.   Regulations (EC) No 376/2008, (EC) No 1301/2006 and (EC) No 1342/2003 shall apply, save as otherwise provided for in this Regulation.
   Article 2
   Rules for issuing import licences
   1.   Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may not submit more than one import licence application per serial number and per week. Where applicants submit more than one application, none of those applications shall be admissible and the securities lodged when the applications were submitted shall be forfeited to the Member State concerned.
   Import licence applications shall be submitted to the competent authorities of the Member States each week no later than Friday at 13.00 (Brussels time). Such applications may not be submitted after 13.00 (Brussels time) on Friday 17 October 2014.
   2.   Each import licence application shall indicate a quantity in kilograms (whole numbers) which may not exceed the total quantity of the quota in question.
   3.   Import licences shall be issued on the fourth working day following the notification referred to in Article 4(1).
   4.   Section 8 of the import licence application and the import licence shall contain the name ‘Ukraine’ and ‘Yes’ shall be marked with a cross. The licences are valid solely for products originating in Ukraine.
   Article 3
   Validity of import licences
   In accordance with Article 22(2) of Regulation (EC) No 376/2008, the period of validity of the import licence shall be calculated from the actual date of issue.
   The period of validity of the import licence is the period defined in Article 6(1)(b) of Regulation (EC) No 1342/2003. In any event, the period of validity expires on 31 October 2014 at the latest.
   Article 4
   Communications
   1.   No later than 18.00 (Brussels time) on the Monday following the week in which the import licence application was submitted, the Member States shall send to the Commission, by electronic means, a notification showing, by serial number, each application with the origin of the product and the quantity applied for, including ‘nil’ notifications.
   2.   Member States shall communicate to the Commission, by electronic means, on the day of issue of the import licences, the information on the licences issued as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with the total quantities for which import licences have been issued.
   Article 5
   Entry into force
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 April 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

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

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      (4)  Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (OJ L 189, 29.7.2003, p. 12).

      (5)  Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ L 114, 26.4.2008, p. 3).

      (6)  Commission Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011, p. 1).

      (7)  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
      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. When the CN code is preceded by ‘ex’, the application of the preferential scheme is determined on the basis of the CN code and the description of the product.

                  Order No

                  CN code

                  Product description

                  Quantity

                  09.4306

                  1001 99 (00)

                  spelt, common wheat and meslin, other than seed

                  950 000 tonnes

                  1101 00 (15-90)

                  common wheat flour and spelt flour, meslin flour

                  1102 90 (90)

                  cereal flour other than wheat, meslin, rye, maize, barley, oat, rice

                  1103 11 (90)

                  groats and meal of common wheat and spelt

                  1103 20 (60)

                  wheat pellets

                  09.4307

                  1003 90 (00)

                  barley, other than seed

                  250 000 tonnes

                  1102 90 (10)

                  barley flour

                  ex 1103 20 (25)

                  barley pellets

                  09.4308

                  1005 90 (00)

                  maize other than seed

                  400 000 tonnes

                  1102 20 (10-90)

                  maize flour

                  1103 13 (10-90)

                  groats and meal of maize

                  1103 20 (40)

                  maize pellets

                  1104 23 (40-98)

                  worked grains of maize