title: Commission Implementing Regulation (EU) 2018/1507 of 10 October 2018 on exceptional market support measures for the eggs and poultrymeat sectors in Poland

text:
                  11.10.2018

                  EN

                  Official Journal of the European Union

                  L 255/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1507
         of 10 October 2018
         on exceptional market support measures for the eggs and poultrymeat sectors in Poland
         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 220(1)(a) thereof,
         Whereas:

                     (1)

                     Between 3 December 2016 and 16 March 2017, 65 outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by Poland. The species affected are ducks, geese, turkeys, Gallus domesticus chickens and laying hens.

                     (2)

                     Poland immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Council Directive 2005/94/EC (2).

                     (3)

                     In particular, Poland took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2016/2219 (3), (EU) 2016/2367 (4), (EU) 2017/14 (5), (EU) 2017/116 (6), (EU) 2017/155 (7), (EU) 2017/247 (8), (EU) 2017/417 (9) and (EU) 2017/554 (10).

                     (4)

                     In applying those measures, Poland managed to contain and eradicate the spread of the disease. The Union and national animal health and veterinary measures were applied until 22 May 2017 in all relevant holdings.

                     (5)

                     Poland informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council (11).

                     (6)

                     On 17 July 2017, the Commission received a formal request from Poland for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013. On 11 April 2018, 10 May 2018 and 19 June 2018 the Polish authorities clarified their request.

                     (7)

                     As a result of the animal health and veterinary measures applied, fallowing periods were prolonged, placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones established following outbreaks of highly pathogenic avian influenza of subtype H5. This concerned the following species: ducks, geese, turkeys and Gallus domesticus chickens and laying hens. This led to a loss of production in these poultry holdings. It is therefore appropriate to compensate these losses.

                     (8)

                     In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by Poland for the exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request received from Poland.

                     (9)

                     To avoid any risk of overcompensation, the flat rate amount should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to the categories of animals produced.

                     (10)

                     To avoid any risk of double funding, losses suffered should not have been compensated by state aid or insurance and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

                     (11)

                     The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of poultry in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and Polish legislation relevant to the 65 outbreaks of highly pathogenic avian influenza confirmed between 3 December 2016 and 16 March 2017, and to the respective regulated zones.

                     (12)

                     For the sake of a sound budgetary management of these exceptional market support measures, only those payments made by Poland to beneficiaries by 30 September 2019 at the latest, should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (12) should not be applicable.

                     (13)

                     In order to ensure the eligibility and the correctness of the payments, Poland should carry out ex ante checks.

                     (14)

                     To allow the Union to perform its financial control, Poland should communicate to the Commission the clearance of payments.

                     (15)

                     Since the restrictions related to the outbreaks of avian influenza came into force at different dates in the regulated zones concerned and since this Regulation does not provide for a deadline for the submission of the applications for aid, it is appropriate for the purposes of Article 29(4) of Delegated Regulation (EU) No 907/2014, to consider the date of entry into force of this Regulation as the operative event for the exchange rate regarding the amounts set out in this Regulation.

                     (16)

                     In order to ensure an immediate implementation of the measures laid down in this Regulation by Poland, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (17)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Poland to support the market of eggs and poultrymeat seriously affected by the 65 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Poland between 3 December 2016 and 16 March 2017.

            Article 2
            Expenditure borne by Poland shall be eligible for Union part-financing only:

                        (a)

                        for the duration of the application of animal health and veterinary measures referred to in Union and Polish legislation listed in the Annex and related to the period laid down in Article 1; and

                        (b)

                        for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in Union and Polish legislation listed in the Annex (‘the regulated zones’); and

                        (c)

                        if it has been paid by Poland to the beneficiaries by 30 September 2019 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply; and

                        (d)

                        if the animal or product, for the period referred to in point (a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

            Article 3
            The maximum level of Union part-financing shall be EUR 1,411 million, for the loss of production of poultry located in the regulated zones. The following flat rates shall apply:

                        (a)

                        EUR 0,0059 per day per laying hen falling within CN code 0105 94 00 up to a maximum of 186 598 animals;

                        (b)

                        EUR 0,0085 per day per broiler chicken falling within the CN code 0105 94 00, up to a maximum of 474 567 animals;

                        (c)

                        EUR 0,01075 per day per fattening duck falling within the CN code 0105 99 10; up to a maximum of 246 131 animals;

                        (d)

                        EUR 0,0126 per day per fattening goose falling within the CN code 0105 99 20, up to a maximum of 4 622 animals;

                        (e)

                        EUR 0,1757 per day per breeding goose falling within the CN code 0105 99 20 up to a maximum of 55 307 animals;

                        (f)

                        EUR 0,0333 per day per turkey falling within the CN code 0105 99 30, and up to a maximum of 485 343 animals.

            Article 4
            Poland shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (13).
            In particular, Poland shall verify:

                        (a)

                        the eligibility of the applicant submitting the request for support;

                        (b)

                        for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

                        (c)

                        that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2 of this Regulation.

                  For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks.
            In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.

            Article 5
            For the purposes of Article 29(4) of Delegated Regulation (EU) No 907/2014, the operative event for the exchange rate as regards the amounts set out in Article 3 of this Regulation shall be the entry into force of this Regulation.

            Article 6
            Poland shall communicate to the Commission the clearance of payments.

            Article 7
            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, 10 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

            (3)  Commission Implementing Decision (EU) 2016/2219 of 8 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 334, 9.12.2016, p. 52).

            (4)  Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 350, 22.12.2016, p. 42).

            (5)  Commission Implementing Decision (EU) 2017/14 of 5 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 4, 7.1.2017, p. 10).

            (6)  Commission Implementing Decision (EU) 2017/116 of 20 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 18, 24.1.2017, p. 53).

            (7)  Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25).

            (8)  Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).

            (9)  Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).

            (10)  Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).

            (11)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

            (12)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

            (13)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

            ANNEX

               Regulated zones and periods as referred to in Article 2

            Parts of Poland and periods established in accordance with Directive 2005/94/EC and defined in:

                        —

                        Commission Implementing Decision (EU) 2016/2219 of 8 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 334, 9.12.2016, p. 52).

                        —

                        Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 350, 22.12.2016, p. 42).

                        —

                        Commission Implementing Decision (EU) 2017/14 of 5 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 4, 7.1.2017, p. 10).

                        —

                        Commission Implementing Decision (EU) 2017/116 of 20 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 18, 24.1.2017, p. 53).

                        —

                        Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25).

                        —

                        Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).

                        —

                        Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).

                        —

                        Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).

                        —

                        National law declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 3 December 2016 and 16 March 2017.

                        —

                        National law withdrawing declaration of infection following outbreaks of highly pathogenic avian influenza confirmed between 3 December 2016 and 16 March 2017.


title: Council Implementing Regulation (EU) 2018/1539 of 15 October 2018 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  LI 257/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/1539
         of 15 October 2018
         implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (1), and in particular Article 4(1) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 20 September 2016, the Council adopted Regulation (EU) 2016/1686.

                     (2)

                     In view of the continued threat posed by ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them, one person should be added to the list of natural and legal persons, entities and bodies in Annex I to Regulation (EU) 2016/1686.

                     (3)

                     Annex I to Regulation (EU) 2016/1686 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) 2016/1686 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 October 2018.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 255, 21.9.2016, p. 1.

            ANNEX
            The following person is added to the list set out in Annex I to Regulation (EU) 2016/1686:

                           ‘3.

                           Hocine BOUGUETOF; date of birth: 1 July 1959; place of birth: Tebessa (Algeria); nationality: Algerian.’


title: Commission Implementing Regulation (EU) 2018/1551 of 16 October 2018 invalidating invoices issued by two exporting producers in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570

text:
                  17.10.2018

                  EN

                  Official Journal of the European Union

                  L 260/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1551
         of 16 October 2018
         invalidating invoices issued by two exporting producers in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
         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 anti-dumping Regulation’), and in particular Article 8 thereof,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
         Having regard to Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (3), and in particular Article 3 thereof,
         Having regard to Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036 (4) (‘the expiry review anti-dumping Regulation’),
         Having regard to Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (5), and in particular Article 2 thereof,
         Having regard to Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037 (6) (‘the expiry review anti-subsidy Regulation’),
         Having regard to Commission Implementing Regulation (EU) 2017/1570 of 15 September 2017 amending Implementing Regulation (EU) 2017/366 and Implementing Regulation (EU) 2017/367 imposing definitive countervailing and anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China and repealing Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures (7) (‘the repeal Regulation’),
         Having regard to Notices 2018/C 310/06 and 2018/C 310/07 (8) (‘the expiry Notices’),
         Informing the Member States,
         Whereas:
         A.   UNDERTAKING AND OTHER MEASURES

                     (1)

                     By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the People's Republic of China (‘the PRC’) (‘the product concerned’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the product concerned.

                     (2)

                     The China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘the CCCME’) submitted, on behalf of a group of exporting producers, a price undertaking to the Commission. By Decision 2013/423/EU (9), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. Following the notification of an amended version of the price undertaking by a group of exporting producers together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (10) the acceptance of the price undertaking as amended for the period of application of anti-dumping and countervailing definitive measures (‘the undertaking’). The undertaking was accepted for the following exporting producers, inter alia:

                                 (a)

                                 Jiangsu Sinski PV, Co. Ltd covered by the TARIC additional code: B838 (‘Sinski PV’);

                                 (b)

                                 Zheijang Koly Energy Co. Ltd covered by the TARIC additional code: B908 (‘Koly Energy’).

                     (3)

                     The Commission also adopted a Decision clarifying the implementation of the undertaking (11) and 15 regulations withdrawing the acceptance of the undertaking for several exporting producers (12).

                     (4)

                     By Implementing Regulations (EU) 2016/185 (13) and 2016/184 (14), the Commission extended the definitive anti-dumping and countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan with the exception of a number of genuine producers.

                     (5)

                     By the expiry review anti-dumping Regulation, the Commission extended the definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC following an expiry review and terminating the partial interim review investigation pursuant to respectively, Article 11(2) and Article 11(3) of the basic anti-dumping Regulation.

                     (6)

                     By the expiry review anti-subsidy Regulation, the Commission extended a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC following an expiry review and terminating the partial interim review investigation pursuant to respectively, Article 18(2) and Article 19(3) of the basic anti- subsidy Regulation (the expiry review anti-dumping Regulation and the expiry review anti-subsidy Regulation are hereinafter collectively referred as ‘the expiry review Regulations’).

                     (7)

                     By the repeal Regulation the Commission repealed the undertaking.

                     (8)

                     By the expiry Notices the Commission gave notice that the anti-dumping duty and the anti-subsidy duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC expired on 3 September 2018.

               B.   TERMS OF THE UNDERTAKING

                     (9)

                     Under the terms of the undertaking, the exporting producers agreed, inter alia, not to sell the product concerned to the first independent customer in the Union below a certain minimum import price (‘the MIP’). The MIP was subject to a quarterly adjustment mechanism by reference to international spot prices of modules including Chinese prices as reported by the Bloomberg database.

                     (10)

                     The exporting producers also agreed to sell the product concerned only by means of direct sales. For the purpose of the undertaking, a direct sale was defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking. Indirect sales to the Union by companies other than those listed in the undertaking constituted a breach of the undertaking.

                     (11)

                     The undertaking also clarified, in a non-exhaustive list, what constituted a breach of the undertaking. That list included, in particular, issuing undertaking invoices for solar panels produced by a non-undertaking company in order to benefit from the exemption of anti-dumping and countervailing duties (‘the company channelling’).

                     (12)

                     The undertaking also obliged the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to and re-sales in the Union (‘the quarterly reports’). This implied that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully complied with the terms of the undertaking. Reporting of re-sales in the Union was a particular obligation when the product concerned was sold to the first independent customer through a related importer. Only these reports enabled the Commission to monitor whether the re-sale price of the related importer to the first independent customer was in accordance with the MIP.

                     (13)

                     The exporting producers were liable for the breach of any of their related parties, whether or not listed in the undertaking.

                     (14)

                     The exporting producers also undertook to consult the Commission regarding any difficulties or questions, technical or otherwise, which might arise during the implementation of the undertaking.

               C.   REPEAL OF THE UNDERTAKING

                     (15)

                     The undertaking was initially accepted from more than 120 companies/company groups. In the meantime, the Commission withdrew its acceptance of the undertaking for 19 companies. Seventeen of these were found to have breached the undertaking while the remaining two companies had business models that made it impracticable to monitor their compliance with the undertaking. In addition, 16 other Chinese companies voluntarily withdrew from the undertaking.

                     (16)

                     By the repeal Regulation, the Commission repealed the undertaking and introduced a variable duty under the form of a minimum import price (‘the variable duty MIP’) that replaced the undertaking. The variable duty MIP means that eligible imports with a declared value at, or above, the MIP would not be subject to duties and customs authorities will levy duties immediately if the product is imported at a price below the MIP.

                     (17)

                     Given that the variable duty MIP replaced the undertaking, the Commission found it appropriate, as per the findings listed in recitals (50) to (53) of the repeal Regulation, that the variable duty MIP would only apply to those companies that had not breached the undertaking in the past, irrespective of whether such a breach had already been found to have occurred, or whether such a breach would be found to have occurred in future investigations by the Commission. Accordingly, for all exporting producers which breached the undertaking while it was still in place the uncapped ad valorem duties should apply.

                     (18)

                     At the time of entry into force of the repeal Regulation on 1 October 2017, the Commission continued to conduct investigations concerning the compliance with the undertaking, and considered appropriate to open new investigations for goods that were released for free circulation while the undertaking was still in place. For those investigations, a customs debt will be incurred at the time of acceptance of the declaration for release into free circulation: (a) whenever it is established, in respect of imports invoiced by companies subject to the undertaking, that one or more of the conditions of the undertaking was not fulfilled; or (b) when the Commission finds that the undertaking was breached in a regulation or decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

               D.   MONITORING OF THE EXPORTING PRODUCERS

                     (19)

                     The Commission received evidence from customs authorities of two Member States on the basis of Articles 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(9) and 24(7) of the basic anti-subsidy Regulation regarding compliance of Sinski PV and Koly Energy with the undertaking. The Commission also assessed publicly available information regarding the corporate structure of Koly Energy.

                     (20)

                     The findings listed in recitals (21) to (24) below address the allegations received from the customs authorities for Sinski PV and Koly Energy regarding an alleged breach of the undertaking while it was still in force.

               E.   GROUNDS TO INVALIDATE UNDERTAKING INVOICES

         (a)   Sinski PV

                     (21)

                     The evidence received from customs authorities suggests that Sinski PV sold solar panels to at least one customer in the Union systematically below the MIP, thus breaching the provisions of the undertaking as described in recital (9) above.

                     (22)

                     Further evidence also shows that Sinski PV engaged with three other companies to issue undertaking invoices for solar products manufactured by non-undertaking companies as per purchase orders placed by a customer of Sinski PV in the Union. This practice (company channelling) constitutes a breach specifically listed in the undertaking as described in recital (11) above.

               (b)   Koly Energy

                     (23)

                     Based on the evidence received from customs authorities and corroborated by publicly available sources, Koly Energy sold solar panels to an allegedly unrelated importer in the Union for which it issued undertaking invoices. The transactions to this importer amounted in value to more than 50 % of Koly Energy's total sales to the Union. Based on the information available to the Commission, the importer involved in these transactions was related to Koly Energy in the sense of Article 127(1) of Commission Implementing Regulation (EU) 2015/2447 (15) (‘Union Customs Code Implementing Act’). Koly Energy has never reported a related importer in the Union. As this importer is not listed as a related party in the undertaking, Koly Energy breached the terms of the undertaking as described in recital (10) above.

                     (24)

                     Related importers have reporting obligations similar to their Chinese mother companies in order to enable the Commission to assess whether the net sales price to the first unrelated customer in the Union is at, or above, the MIP. None of the re-sales by the related importer was reported to the Commission. Consequently, Koly Energy also breached the terms of the undertaking as described in recitals (12) and (13) above.

               F.   RELEVANT UNDERTAKING INVOICES

                     (25)

                     The sales transactions made by Sinski PV below the MIP to the identified customer and/or involving company channelling were linked to the following undertaking invoices:

                                 Number of Commercial invoice accompanying goods subject to an undertaking

                                 Date

                                 SPVF15014

                                 24.7.2015

                                 SPVF15015

                                 28.7.2015

                                 SPVF15020

                                 26.8.2015

                                 SPVF15021

                                 28.8.2015

                                 SPVF15022

                                 1.9.2015

                                 SPVF15034

                                 4.11.2015

                                 SPVF15039

                                 4.12.2015

                                 SPVF15040

                                 8.12.2015

                                 SPVF15042

                                 11.12.2015

                                 SPVF15043

                                 17.12.2015

                                 SPVF15044

                                 17.12.2015

                                 SPVF15046

                                 25.12.2015

                                 SPVF15047

                                 25.12.2015

                                 SPVF15048

                                 25.12.2015

                                 SPVF15049

                                 28.12.2015

                                 SPVF15050

                                 28.12.2015

                                 SPVF15051

                                 30.12.2015

                                 SPVF15052

                                 30.12.2015

                                 SPVF16001

                                 7.1.2016

                                 SPVF16002

                                 7.1.2016

                                 SL-SS20170323-1

                                 1.4.2017

                                 SPVF16019

                                 23.3.2016

                                 SPVF16020

                                 6.4.2016

                                 SPVF16021

                                 10.4.2016

                                 SPVF16022

                                 30.4.2016

                     (26)

                     The indirect sales transactions made by Koly Energy were linked to the following undertaking invoices:

                                 Number of Commercial invoice accompanying goods subject to an undertaking

                                 Date

                                 KL150328

                                 28.3.2015

                                 KL150424

                                 24.4.2015

                                 KL150428001

                                 28.4.2015

                                 KL150428002

                                 28.4.2015

                                 KL150516

                                 16.5.2015

                                 KL150608

                                 8.6.2015

                                 KL150616

                                 16.6.2015

                                 KL150706

                                 6.7.2015

                                 KL150708002

                                 8.7.2015

                                 KL150816

                                 16.8.2015

                                 KL150827

                                 27.8.2015

                                 KL150920

                                 20.9.2015

                                 KL151018

                                 18.10.2015

                                 KL151108

                                 8.11.2015

                                 KL151113

                                 13.11.2015

                                 KL151125

                                 25.11.2015

                                 KL151230

                                 30.12.2015

                                 KL160123

                                 23.1.2016

                                 KL160511

                                 11.5.2016

                                 KL160517

                                 17.5.2016

                                 KL160523

                                 23.5.2016

                                 KL160610

                                 10.6.2016

                                 KL160714

                                 14.7.2016

                                 KL160726

                                 26.7.2016

                                 KL160816

                                 16.8.2016

                                 KL160825

                                 25.8.2016

                                 KL160922

                                 22.9.2016

                                 KL161013

                                 13.10.2016

                                 KL161027001

                                 27.10.2016

                                 KL161027002

                                 27.10.2016

                                 KL161030

                                 30.10.2016

                                 KL161106

                                 6.11.2016

                                 KL161108002

                                 8.11.2016

                                 KL161114

                                 14.11.2016

                                 KL161125

                                 25.11.2016

                                 KL161209

                                 9.12.2016

                                 KL161210

                                 10.12.2016

                                 KL161212

                                 12.12.2016

                                 KL161215

                                 15.12.2016

                                 KL161230001

                                 30.12.2016

                                 KL161230002

                                 31.12.2016

                                 KL170109001

                                 9.1.2017

                                 KL170109002

                                 13.1.2017

                                 KL170115

                                 15.1.2017

                                 KL170116001

                                 16.1.2017

                                 KL170116002

                                 18.1.2017

                                 KL170120

                                 20.1.2017

                                 KL170121001

                                 21.1.2017

                                 KL170121002

                                 21.1.2017

                                 KL170323001

                                 23.3.2017

                                 KL170323002

                                 25.3.2017

                                 KL170408

                                 8.4.2017

                                 KL170412

                                 12.4.2017

                                 KL170510

                                 10.5.2017

                                 KL170511

                                 11.5.2017

                                 KL170518002

                                 18.5.2017

                                 KL170614002

                                 14.6.2017

                                 KL170621

                                 21.6.2017

                                 KL170712

                                 12.7.2017

                                 KL170731001

                                 31.7.2017

                                 KL170812

                                 12.8.2017

                                 KL170814

                                 14.8.2017

                                 KL170822002

                                 22.8.2017

                                 KL170918001

                                 18.9.2017

                                 KL170918002

                                 18.9.2017

                                 KL170919

                                 19.9.2017

                                 KL170930002

                                 30.9.2017

               G.   WRITTEN SUBMISSIONS AND HEARINGS

                     (27)

                     Interested parties were informed of the findings, in particular the intention to invalidate the undertaking invoices. Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation.

                     (28)

                     One importer and one Chinese exporting producer made written submissions.

                     (29)

                     The Commission considered the comments submitted by the interested parties and addressed them below.

                     (30)

                     Koly Energy and its allegedly related importer in the Union contested the affiliation relationship between them and denied being part of a common holding group.

                     (31)

                     Koly Energy submitted that it is 100 % owned by two Chinese persons that have no stake in either the importer in the Union or in any holding group. It further submitted that it maintained a close business relationship with the holding group because it was Koly Energy's biggest customer. It denied, however, the existence of any ties between the importer and itself and denied being controlled by the same holding party.

                     (32)

                     The Commission considered that, in the absence of evidence to the contrary, the representation of Koly Energy as seller in a purchase and delivery contract of solar modules by a commercial operations manager of the holding group to which the importer also belongs constituted an acknowledgement, towards third parties, of an affiliation relationship between Koly Energy, the importer and that holding group in the sense of Article 127(1) of Implementing Regulation (EU) 2015/2447 (‘Union Customs Code Implementing Act’). This conclusion was further strengthened as the same contract showed both Koly Energy and the importer's signatures on behalf of the seller (Koly Energy). The identification of an email address of the holding group as contact data of Koly Energy (the seller) for communication purposes as regards that contract further confirmed this view. Moreover, that contract included a clause in which the name and mailing address of the importer was mentioned as the contact person of the seller (Koly Energy). Although Koly Energy claimed that this contract was signed without its authorisation and therefore reserved its right to hold the importer responsible, no evidence to that effect was ever presented to the Commission. Other cross references between Koly Energy, the importer and the holding group in other public documents and sources such as websites and a short term bonds' issuance contract led the Commission to the conclusion that Koly Energy and the importer in the Union were related parties. The submission was, therefore, rejected.

                     (33)

                     Koly Energy also claimed that the importer in the Union used Koly Energy's logo, trademark and domain name unilaterally and without consent. The Commission considered that, in the absence of evidence to the contrary, the public and widespread use of Koly Energy's commercial signs (trademark, logo, email address) by the importer in its usual business activities attested to an affiliation relationship between the two companies through the banner of a common holding group. This conclusion was further stressed by the use of the holding group's logo in Koly Energy's own website, and the joint display of Koly Energy and the holding group logos in a 2016 international commodity fair. The claim was, therefore, dismissed.

                     (34)

                     The importer of Koly Energy in the Union submitted non-substantiated comments outside the extensions granted to comment and presented no evidence regarding its ownership.

               H.   BREACH OF THE UNDERTAKING AND IMPOSITION OF DEFINITIVE DUTIES

                     (35)

                     In accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and in accordance with the terms of the undertaking, the Commission concluded that Sinski PV and Koly Energy breached the undertaking while it was still in place.

                     (36)

                     Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 in force at the time of acceptance of the customs declaration for release into free circulation, Sinski PV and Koly Energy' invoices listed in recitals (25) and (26) are declared invalid. The customs debt incurred at the time of acceptance of the declaration for release into free circulation should be recovered by the national customs authorities in accordance with Article 105(3) to Article 105(6) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (16) when this Regulation enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.

                     (37)

                     The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate the work of the customs authorities of the Member States, on the basis of Article 4(3) of the Treaty, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The undertaking invoices listed in the Annex are declared invalid.

               2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 shall be collected.

            Article 2

               1.   Where customs authorities of the Member States have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of the Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by Jiangsu Sinski PV, Co. Ltd or Zheijang Koly Energy Co. Ltd prior to the entry into force of this regulation does not correspond to the price paid and that therefore those companies may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price (‘MIP’) on the day when the undertaking invoice was issued.

               2.   Where the verification referred to in paragraph 1 of this Article reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.

               3.   The information in accordance with paragraph 1 of this Article may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.

            Article 3
            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, 16 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21 as amended by Regulation (EU) 2017/2321 of the European Parliament and of the Council (OJ L 338, 19.12.2017, p. 1) and Regulation (EU) 2018/82 of the European Parliament and of the Council (OJ L 143, 7.6.2018, p. 1).

            (2)  OJ L 176, 30.6.2016, p. 55 as amended by Regulation (EU) 2017/2321.

            (3)  OJL 325, 5.12.2013, p. 1.

            (4)  OJ L 56, 3.3.2017, p. 131.

            (5)  OJ L 325, 5.12.2013, p. 66.

            (6)  OJ L 56, 3.3.2017, p. 1.

            (7)  OJ L 238, 16.9.2017, p. 22.

            (8)  OJ C 310/06, 3.9.2018, p. 4.

            (9)  OJ L 209, 3.8.2013, p. 26.

            (10)  OJ L 325, 5.12.2013, p. 214.

            (11)  OJ L 270, 11.9.2014, p. 6.

            (12)  Commission Implementing Regulations (EU) 2015/866 (OJ L 139, 5.6.2015, p. 30), (EU) 2015/1403 (OJ L 218, 19.8.2015, p. 1), (EU) 2015/2018 (OJ L 295, 12.11.2015, p. 23), (EU) 2016/115 (OJ L 23, 29.1.2016, p. 47), (EU) 2016/1045 (OJ L 170, 29.6.2016, p. 5), (EU) 2016/1382 (OJ L 222, 17.8.2016, p. 10), (EU) 2016/1402 (OJ L 228, 23.8.2016, p. 16), (EU) 2016/1998 (OJ L 308, 16.11.2016, p. 8), (EU) 2016/2146 (OJ L 333, 8.12.2016, p. 4), (EU) 2017/454 (OJ L 71, 16.3.2017, p. 5), (EU) 2017/941 (OJ L 142, 2.6.2017, p. 43), (EU) 2017/1408 (OJ L 201, 2.8.2017, p. 3), (EU) 2017/1497 (OJ L 218, 24.8.2017, p. 10), (EU) 2017/1524 (OJ L 230, 6.9.2017, p. 11), (EU) 2017/1589 (OJ L 241, 20.9.2017, p. 21) withdrawing the acceptance of the undertaking for several exporting producers.

            (13)  OJ L 37, 12.2.2016, p. 76.

            (14)  OJ L 37, 12.2.2016, p. 56.

            (15)  OJ L 343, 29.12.2015, p. 558.

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

            ANNEX
            List of undertaking invoices issued by Jiangsu Sinski PV, Co. Ltd which are declared invalid:

                        Number of Commercial invoice accompanying goods subject to an undertaking

                        Date

                        SPVF15014

                        24.7.2015

                        SPVF15015

                        28.7.2015

                        SPVF15020

                        26.8.2015

                        SPVF15021

                        28.8.2015

                        SPVF15022

                        1.9.2015

                        SPVF15034

                        4.11.2015

                        SPVF15039

                        4.12.2015

                        SPVF15040

                        8.12.2015

                        SPVF15042

                        11.12.2015

                        SPVF15043

                        17.12.2015

                        SPVF15044

                        17.12.2015

                        SPVF15046

                        25.12.2015

                        SPVF15047

                        25.12.2015

                        SPVF15048

                        25.12.2015

                        SPVF15049

                        28.12.2015

                        SPVF15050

                        28.12.2015

                        SPVF15051

                        30.12.2015

                        SPVF15052

                        30.12.2015

                        SPVF16001

                        7.1.2016

                        SPVF16002

                        7.1.2016

                        SL-SS20170323-1

                        1.4.2017

                        SPVF16019

                        23.3.2016

                        SPVF16020

                        6.4.2016

                        SPVF16021

                        10.4.2016

                        SPVF16022

                        30.4.2016

                  List of undertaking invoices issued Zheijang Koly Energy Co. Ltd which are declared invalid:

                        Number of Commercial invoice accompanying goods subject to an undertaking

                        Date

                        KL150328

                        28.3.2015

                        KL150424

                        24.4.2015

                        KL150428001

                        28.4.2015

                        KL150428002

                        28.4.2015

                        KL150516

                        16.5.2015

                        KL150608

                        8.6.2015

                        KL150616

                        16.6.2015

                        KL150706

                        6.7.2015

                        KL150708002

                        8.7.2015

                        KL150816

                        16.8.2015

                        KL150827

                        27.8.2015

                        KL150920

                        20.9.2015

                        KL151018

                        18.10.2015

                        KL151108

                        8.11.2015

                        KL151113

                        13.11.2015

                        KL151125

                        25.11.2015

                        KL151230

                        30.12.2015

                        KL160123

                        23.1.2016

                        KL160511

                        11.5.2016

                        KL160517

                        17.5.2016

                        KL160523

                        23.5.2016

                        KL160610

                        10.6.2016

                        KL160714

                        14.7.2016

                        KL160726

                        26.7.2016

                        KL160816

                        16.8.2016

                        KL160825

                        25.8.2016

                        KL160922

                        22.9.2016

                        KL161013

                        13.10.2016

                        KL161027001

                        27.10.2016

                        KL161027002

                        27.10.2016

                        KL161030

                        30.10.2016

                        KL161106

                        6.11.2016

                        KL161108002

                        8.11.2016

                        KL161114

                        14.11.2016

                        KL161125

                        25.11.2016

                        KL161209

                        9.12.2016

                        KL161210

                        10.12.2016

                        KL161212

                        12.12.2016

                        KL161215

                        15.12.2016

                        KL161230001

                        30.12.2016

                        KL161230002

                        31.12.2016

                        KL170109001

                        9.1.2017

                        KL170109002

                        13.1.2017

                        KL170115

                        15.1.2017

                        KL170116001

                        16.1.2017

                        KL170116002

                        18.1.2017

                        KL170120

                        20.1.2017

                        KL170121001

                        21.1.2017

                        KL170121002

                        21.1.2017

                        KL170323001

                        23.3.2017

                        KL170323002

                        25.3.2017

                        KL170408

                        8.4.2017

                        KL170412

                        12.4.2017

                        KL170510

                        10.5.2017

                        KL170511

                        11.5.2017

                        KL170518002

                        18.5.2017

                        KL170614002

                        14.6.2017

                        KL170621

                        21.6.2017

                        KL170712

                        12.7.2017

                        KL170731001

                        31.7.2017

                        KL170812

                        12.8.2017

                        KL170814

                        14.8.2017

                        KL170822002

                        22.8.2017

                        KL170918001

                        18.9.2017

                        KL170918002

                        18.9.2017

                        KL170919

                        19.9.2017

                        KL170930002

                        30.9.2017


title: Commission Implementing Regulation (EU) 2018/1550 of 16 October 2018 concerning the renewal of the authorisation of benzoic acid as a feed additive for weaned piglets and pigs for fattening and repealing Regulations (EC) No 1730/2006 and (EC) No 1138/2007 (holder of authorisation DSM Nutritional Products Ltd) (Text with EEA relevance.)

text:
                  17.10.2018

                  EN

                  Official Journal of the European Union

                  L 260/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1550
         of 16 October 2018
         concerning the renewal of the authorisation of benzoic acid as a feed additive for weaned piglets and pigs for fattening and repealing Regulations (EC) No 1730/2006 and (EC) No 1138/2007 (holder of authorisation DSM Nutritional Products Ltd)
         (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 and renewing such authorisation.

                     (2)

                     Benzoic acid was authorised for 10 years as a feed additive for weaned piglets by Commission Regulation (EC) No 1730/2006 (2), and for pigs for fattening by Commission Regulation (EC) No 1138/2007 (3).

                     (3)

                     In accordance with Article 14 of Regulation (EC) No 1831/2003, an application was submitted by the holder of those authorisations for the renewal of the authorisation of benzoic acid as a feed additive, both for weaned piglets and for pigs for fattening, requesting that additive to be classified in the additive category ‘zootechnical additives’. Those applications were accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 28 November 2017 (4) that the applicant has provided data demonstrating that the additive complies with the conditions of authorisation. The assessment of benzoic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the authorisation of that additive should be renewed as specified in the Annex to this Regulation.

                     (5)

                     As a consequence of the renewal of the authorisation of benzoic acid as a feed additive under the conditions laid down in the Annex to this Regulation, Regulations (EC) No 1730/2006 and (EC) No 1138/2007 should be repealed.

                     (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 authorisation of the additive specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is renewed subject to the conditions laid down in that Annex.

            Article 2
            Regulations (EC) No 1730/2006 and (EC) No 1138/2007 are repealed.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 October 2018.

                  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 2017;15(12):5093.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

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

                           Category of zootechnical additives. Functional group: other zootechnical additives (improvement of zootechical parameters: weight gain or feed gain ratio)

                        4d210

                        DSM Nutritional Products Ltd

                        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

                           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

                        Piglets (weaned)

                        —

                        5 000

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    Recommended minimum dose: 5 000  mg/kg of complete feed.

                                    3.

                                    The additive shall not be used with other sources of benzoic acid or benzoates.

                                    4.

                                    The directions of use shall be indicated:
                                    ‘Complementary feedingstuffs containing benzoic acid shall not be fed to weaned piglets or pig for fattening as such.
                                    Complementary feedingstuffs shall be thoroughly mixed with other feed materials of the daily ration’.

                                    5.

                                    For use in weaned piglets up to 35 kg of body weight.

                                    6.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks concerning their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including eyes and skin protection

                        5 November 2028

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

                        4d210

                        DSM Nutritional Products Ltd

                        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

                        Pigs for fattening

                        5 000

                        10 000

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The additive shall not be used with other sources of benzoic acid or benzoates.

                                    3.

                                    The directions of use shall be indicated:
                                    ‘Complementary feedingstuffs containing benzoic acid shall not be fed to weaned piglets or pig for fattening as such.
                                    Complementary feedingstuffs shall be thoroughly mixed with other feed materials of the daily ration’.

                                    4.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks concerning their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including eyes and skin protection.

                        5 November 2028

               (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