title: Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not

text:
               26.7.2011

               EN

               Official Journal of the European Union

               L 194/6

         COUNCIL IMPLEMENTING REGULATION (EU) No 723/2011
   of 18 July 2011
   extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 13 thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Existing measures

               (1)

               By Regulation (EC) No 91/2009 (2), (‘the original Regulation’), the Council imposed a definitive anti-dumping duty of 85 % on imports of certain iron or steel fasteners originating in the People’s Republic of China (‘the PRC’ or ‘China’) for all companies other than the ones mentioned in Article 1(2) and in Annex 1 to that Regulation. These measures will hereinafter be referred to as ‘the measures in force’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’.

         1.2.
         Ex-officio initiation

               (2)

               Following the original investigation, evidence at the disposal of the Commission indicated that the anti-dumping measures on imports of certain iron or steel fasteners originating in the PRC (‘the product concerned’) are being circumvented by means of transhipment via Malaysia.

               (3)

               Prima facie evidence at the Commission’s disposal showed that, following the imposition of the measures in force, a significant change in the pattern of trade involving exports from the PRC and Malaysia to the Union occurred, which seemed to be caused by the imposition of the measures in force. There was insufficient due cause or justification other than the imposition of the measures in force for such a change.

               (4)

               Furthermore, the evidence pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that these increased imports from Malaysia were made at prices below the non-injurious price established in the original investigation.

               (5)

               Finally, there was evidence that prices of certain iron or steel fasteners consigned from Malaysia were dumped in relation to the normal value established for the like product during the original investigation.

               (6)

               Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission, on an ex-officio basis, initiated an investigation by Regulation (EU) No 966/2010 (3) (‘the initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of certain iron or steel fasteners consigned from Malaysia.

         1.3.   Investigation

               (7)

               The Commission officially advised the authorities of the PRC and Malaysia, the exporting producers and traders in those countries, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation. Questionnaires were sent to the producers/exporters in the PRC and Malaysia known to the Commission or which made themselves known within the deadlines specified in recital 19 of the initiating Regulation. Questionnaires were also sent to importers in the Union. 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.

               (8)

               Nineteen exporting producers in Malaysia, three groups of exporting producers in China and three unrelated importers in the Union made themselves known. Several other companies contacted the Commission but claimed that they were not involved in the production or export of the product under investigation.

               (9)

               The following companies submitted replies to the questionnaires and verification visits were subsequently carried out at their premises, with the exception of Menara Kerjaya Fasteners Sdn. Bhd, TR Formac Sdn. Bhd. and Excel Fastener Manufacturing Sdn. Bhd:

                  Exporting producers in Malaysia:

                           —

                           Sofasco Industries (M) Sdn. Bhd, Penang,

                           —

                           Tigges Fastener Technology (M) Sdn. Bhd, Ipoh,

                           —

                           MCP Precision Sdn. Bhd, Penang,

                           —

                           HBS Fasteners Sdn. Bhd, Klang,

                           —

                           TZ Fasteners (M) Sdn. Bhd, Klang,

                           —

                           Menara Kerjaya Fasteners Sdn. Bhd, Penang,

                           —

                           Chin Well Fasteners Company Sdn. Bhd, Penang,

                           —

                           Acku Metal Industries (M) Sdn. Bhd, Penang,

                           —

                           Grand Fasteners Sdn. Bhd, Klang,

                           —

                           Jinfast Industries Sdn. Bhd, Penang,

                           —

                           Andfast Malaysia Sdn. Bhd, Ipoh,

                           —

                           ATC Metal Industrial Sdn. Bhd, Klang,

                           —

                           Pertama Metal Industries Sdn. Bhd, Shah Alam,

                           —

                           Excel Fastener Manufacturing Sdn. Bhd, Ipoh,

                           —

                           TI Metal Forgings Sdn. Bhd, Ipoh,

                           —

                           TR Formac (Malaysia) Sdn. Bhd, Klang,

                           —

                           United Bolt and Nut Sdn. Bhd, Seremban,

                           —

                           Power Steel and Electro Plating Sdn. Bhd, Klang,

                           —

                           KKC Fastener Industry Sdn. Bhd, Melaka.

         1.4.   Investigation period

               (10)

               The investigation period covered the period from 1 January 2008 to 30 September 2010 (the ‘IP’). Data was collected for the IP to investigate, inter alia, the alleged change in the pattern of trade. For the period 1 October 2009 to 30 September 2010 more detailed data were collected in order to examine the possible undermining of the remedial effect of the measures in force and existence of dumping.

         2.   RESULTS OF THE INVESTIGATION

   2.1.   General considerations

               (11)

               In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was made by analysing successively whether there was a change in the pattern of trade between third countries 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 duty; if there was evidence of injury or that the remedial effects of the duty were being undermined in terms of the prices and/or quantities of the like product; and whether there was evidence of dumping in relation to the normal values previously established for the like product, if necessary in accordance with the provisions of Article 2 of the basic Regulation.

         2.2.   Product concerned and the like product

               (12)

               The product concerned is as defined in the original investigation: Certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the PRC, currently falling within CN codes 7318 12 90, 7318 14 91, 7318 14 99, 7318 15 59, 7318 15 69, 7318 15 81, 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00.

               (13)

               The product under investigation is the same as that defined in recital 12, but consigned from Malaysia, whether declared as originating in Malaysia or not.

               (14)

               The investigation showed that iron or steel fasteners, as defined above, exported to the Union from the PRC and those consigned from Malaysia to the Union have the same basic physical and technical characteristics and have the same uses, and are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.

         2.3.   Degree of cooperation and determination of the trade volumes

               (15)

               As stated in recital 9, 19 exporting producers in Malaysia and three exporting producers in China cooperated by submitting questionnaire replies.

               (16)

               After the submission of its questionnaire reply, one Malaysian company notified the Commission that it had ceased its activities and therefore it withdrew its cooperation.

               (17)

               In the case of several other Malaysian companies the application of Article 18(1) of the basic Regulation was found to be warranted for the reasons explained below in recitals 32 to 60.

               (18)

               The cooperating Malaysian exporting producers covered 55 % of the total Malaysian exports of the product under investigation to the Union in the IP as reported in Comext. The overall export volumes were based on Comext.

               (19)

               There was a low level of cooperation by producers/exporters in the PRC, with only three exporters/producers submitting a questionnaire reply. Moreover, none of these companies exported the product concerned to the Union or to Malaysia. Therefore, on the basis of the information submitted by the cooperating parties no reasonable determination could be made as to export volumes of the product concerned from the PRC.

               (20)

               Given the above, findings in respect of imports of certain iron or steel fasteners into the Union and exports of the product concerned from the PRC to Malaysia had to be made partially on the basis of facts available in accordance with Article 18 of the basic Regulation. Comext data were used to determine overall import volumes from the PRC to the Union. Chinese and Malaysian national statistics were used for the determination of the overall exports to Malaysia from the PRC. Data were also cross-checked with detailed import- and export data that were provided by the customs authorities of Malaysia.

               (21)

               The import volume recorded in Malaysian and Chinese statistics covered a larger product group than the product concerned or the product under investigation. However, in view of Comext data and verified data regarding Chinese and Malaysian fastener producers, it could be established that a significant part of this import volume covered the product concerned. Accordingly, these data could be used to establish any change in the pattern of trade and they could be cross-checked with other data such as the data provided by the cooperating exporting producers and importers.

         2.4.   Change in the pattern of trade

               (22)

               Imports of the product concerned from China to the Union dropped dramatically subsequent to the imposition of the original measures in January 2009.

               (23)

               On the other hand, total imports of the product under investigation from Malaysia to the Union increased significantly in 2009 and 2010. Both Comext data and the export data provided by the cooperating companies show that exports from Malaysia to the Union increased in those years whereas they were stable in previous years.

               (24)

               Table 1 shows import quantities of certain iron or steel fasteners from the PRC and Malaysia into the Union since the imposition of the measures in 2009:

                  Table 1

                  Evolution of imports of certain iron or steel fasteners to the Union since the imposition of the measures

                           Import volumes given in tonnes

                           2008

                           2009

                           1.10.2009-30.9.2010

                           PRC

                           432 049

                           64 609

                           27 000

                           Share of total imports

                           82,2 %

                           38,0 %

                           15,4 %

                           Malaysia

                           8 791

                           31 050

                           89 000

                           Share of total imports

                           1,7 %

                           18,3 %

                           50,9 %

                              Source: Comext, Malaysian, Chinese statistics.

               (25)

               The data above clearly show that since 2009 Malaysian exporters have significantly outsold and to some extent replaced the Chinese exporters on the Union market in terms of volume. Since the imposition of the measures, the decrease of Chinese imports into the Union has been significant (94 %).

               (26)

               A dramatic increase of exports of fasteners can also be observed from the PRC to Malaysia within the same period: from a relatively small amount in 2008 (8 829 tonnes) they increased to 89 471 tonnes in the IP.

                  Table 2

                  Import of fasteners from China into Malaysia from 2008

                           2008

                           2009

                           1.10.2009-30.9.2010

                           Import (MT)

                           8 829

                           61 973

                           89 471

                              Yearly change (%)

                              600 %

                              45 %

                              Index (2008 = 100)

                              100

                              700

                              1 013

                              Source: Malaysian customs statistics.

               (27)

               To establish the trend of the China to Malaysia trade flow of certain iron or steel fasteners, both Malaysian and Chinese statistics were considered. Both of these data are only available at a higher product group level than the product concerned. However, in view of Comext data and verified data regarding Chinese and Malaysian fastener producers, it was established that a significant part covered the product concerned, so these data could be taken into account.

               (28)

               The evolution of the total production volume of cooperating producers in Malaysia had remained relatively stable prior to the imposition of measures in 2009. Malaysian producers however have increased their output since then considerably.

                  Table 3

                  Production of the product under investigation of the cooperating companies in Malaysia

                           2008

                           2009

                           1.10.2009-30.9.2010

                           Production volume (MT)

                           38 763

                           33 758

                           61 262

                              Source: Information provided by the cooperating producers.

         2.5.   Conclusion on the change in the pattern of trade

               (29)

               The overall decrease of Chinese exports to the Union as from 2009 and the parallel increase of exports from Malaysia and of exports from the PRC to Malaysia after the imposition of the original measures constituted a change in the pattern of trade between the above mentioned countries on the one hand and the Union on the other hand.

         2.6.   Nature of the circumvention practice

               (30)

               Article 13(1) of the basic Regulation requires that the change in the pattern of trade stems from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty. The practice, process or work includes, inter alia, the consignment of the product subject to measures via third countries and the assembly of parts by an assembly operation in the Union or a third country. For this purpose the existence of assembly operations is determined in accordance with Article 13(2) of the basic Regulation.

               (31)

               The investigation revealed that some importers in the Union had sourced Chinese origin fasteners from Malaysian exporters who had not cooperated with the present investigation. This information was cross-checked with Malaysian trade databases which showed that at least some of the fasteners exported by these non-cooperating companies were indeed produced in the PRC.

               (32)

               In addition, as set out in detail in recitals 52 to 58 below, it was found that a number of the cooperating Malaysian producers provided misleading information, in particular regarding the relationship to Chinese manufacturers, imports of finished goods from China and the origin of exports of the product under investigation to the Union. Some of them were found to export Chinese origin iron or steel fasteners to the Union. This is also confirmed by the findings with regard to the change in the pattern of trade as described above in recital 29.

               (33)

               In 2009 the European Anti-fraud Office (OLAF) started an investigation into the alleged transhipment of the same product through Malaysia. Moreover, the investigation revealed that the Malaysian authorities have carried out investigations into alleged circumvention practices at the same time and concluded that several companies, mainly traders, committed fraud by falsifying the origin of certain iron or steel fasteners imported from the PRC to Malaysia when re-exporting the product.

               (34)

               The existence of transhipment of Chinese-origin products via Malaysia was therefore confirmed.

               (35)

               One company inspected was not manufacturing fasteners from raw material (i.e. wire rod) but was completing fasteners from semi-finished blanks, (i.e. wire rod that had been cut and headed, but not yet threaded, heat treated or plated). However, this company did not export during the IP. Another company was manufacturing fasteners mainly from wire rod, but also some from semi-finished blanks. For this company, it was established that no circumvention took place in the light of the provisions set out in Article 13(2) of the basic Regulation, as set out in more detail in recitals 62 and 63 below.

         2.7.   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

               (36)

               The investigation did not bring to light any other due cause or economic justification for the transhipment than the avoidance of the measures in force on certain iron or steel fasteners originating in the PRC. No elements were found, other than the duty, which could be considered as a compensation for the costs of transhipment, in particular regarding transport and reloading, of the product concerned from the PRC via Malaysia.

         2.8.   Undermining of the remedial effect of the anti-dumping duty

               (37)

               To assess whether the imported products had, in terms of quantities and prices, undermined the remedial effects of the measures in force on imports of certain iron or steel fasteners originating in the PRC, verified data from the cooperating exporting producers and Comext data were used as the best data available concerning quantities and prices of exports by non-cooperating companies. The prices so determined were compared to the injury elimination level established for Union producers in recital 226 of the original Regulation.

               (38)

               The increase of imports from Malaysia was considered to be significant in terms of quantities. The estimated Union consumption in the IP gives a similar indication about the significance of these imports. The comparison of the injury elimination level as established in the original Regulation and the weighted average export price showed significant underselling. It was therefore concluded that the remedial effects of the measures in force are being undermined both in terms of quantities and prices.

         2.9.   Evidence of dumping

               (39)

               Finally, in accordance with Article 13(1) and (2) of the basic Regulation it was examined whether there was evidence of dumping in relation to the normal value previously established for the like products.

               (40)

               In the original Regulation the normal value was established on the basis of prices in India, which in that investigation was found to be an appropriate market economy analogue country for the PRC. It was considered appropriate to use the normal value as previously established in line with Article 13(1) of the basic Regulation.

               (41)

               A significant part of Malaysian exports were covered by non-cooperating exporters or by cooperating exporters that had provided misleading information. For this reason, for establishing the export prices from Malaysia, it was decided to base them on facts available, i.e. on the average export price of certain iron or steel fasteners during the IP as reported in Comext.

               (42)

               For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability in accordance with Article 2(10) of the basic Regulation. Accordingly, adjustments were made for differences in indirect taxes, transport and insurance costs based on the average costs of the cooperating Malaysian producers/exporters in the IP.

               (43)

               In accordance with Article 2(11) and (12) of the basic Regulation, dumping was calculated by comparing the weighted average normal value as established in the original Regulation and the weighted average export prices during this investigation’s IP, expressed as a percentage of the cif price at the Union frontier, duty unpaid.

               (44)

               The comparison of the weighted average normal value and the weighted average export prices so established showed dumping.

         3.   MEASURES

               (45)

               Given the above, it was concluded that the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the PRC was circumvented by transhipment from Malaysia pursuant to Article 13(1) of the basic Regulation.

               (46)

               In accordance with the first sentence of Article 13(1) of the basic Regulation, the measures in force on imports of the product concerned originating in the PRC, should be extended to imports of the same product consigned from Malaysia, whether declared as originating in Malaysia or not.

               (47)

               In particular in the light of the low level of cooperation from Chinese exporting producers, the measure to be extended should be the one established in Article 1(2) of Regulation (EC) No 91/2009 for ‘all other companies’, which is a definitive anti-dumping duty of 85 % applicable to the net, free-at-Union-frontier price, before duty.

               (48)

               In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provides that any extended measure should apply to imports which entered the Union under registration imposed by the initiating Regulation, duties should be collected on those registered imports of certain iron or steel fasteners consigned from Malaysia.

         4.   REQUESTS FOR EXEMPTION

               (49)

               The 19 companies in Malaysia submitting a questionnaire reply requested an exemption from the possible extended measures in accordance with Article 13(4) of the basic Regulation.

               (50)

               As explained in recital 16, one of these companies subsequently ceased cooperation and withdrew its request for an exemption.

               (51)

               Two companies were found not to export the product during the IP and no conclusions could be drawn as to the nature of their operations. Therefore, an exemption to these companies can not be granted at this stage. However, should it appear, after extension of the anti-dumping measures in force, that the conditions in Article 11(4) and 13(4) of the basic Regulation are fulfilled, both companies may request a review of their situation.

               (52)

               One of these companies questioned, since there had not been a request from the Union industry for registration, whether Article 14(5),second sentence, of the basic Regulation had been respected when the registration of the imports was instructed in the initiating Regulation. However, this was an anti-circumvention investigation initiated by the Commission ex officio on the basis of Article 13(3) in conjunction with the first sentence of Article 14(5) of the basic Regulation. The second sentence of Article 14(5) of the basic Regulation is therefore not relevant for this case. Any other interpretation would remove the effet utile of the fact that Article 13(3) of the basic Regulation provides that the Commission can ex officio investigate possible circumvention.

               (53)

               The same company also alleged that consultation of the Advisory Committee, as set out in the first sentence of Article 14(5) of the basic Regulation, would not have taken place. However, in accordance with Article 13(3) and Article 14(5) of the basic Regulation, the initiation was instigated by the Commission after consultation of the Advisory Committee, even though this was not explicitly mentioned in the initiating Regulation.

               (54)

               Seven companies were found to have provided false or misleading information. In accordance with Article 18(4) of the basic Regulation, these companies were informed of the intention to disregard the information submitted by them and were granted a time-limit to provide further explanations.

               (55)

               Further explanations by these companies were not such that this would lead to a change in the conclusion that these companies have misled the investigation. Therefore in accordance with Article 18(1) of the basic Regulation, findings with regard to these companies were based on facts available.

               (56)

               Two of these seven companies were found to have hidden imports of finished goods from the PRC. One of these companies had also falsified invoices. Another company in Malaysia manufacturing and exporting fasteners that requested an exemption appeared to be related to this company.

               (57)

               Two other companies were found to have hidden their relationship to a Chinese manufacturer of certain iron or steel fasteners.

               (58)

               Finally, two other companies were found to have hidden their relationship to each other, not having the production capacity to produce what they export and impeded the investigation by not providing necessary information.

               (59)

               In view of the findings with regard to the change in the pattern of trade and transhipment practices, as set out in recitals 22 to 34 above, and taking into account the nature of the misleading information as set out in recitals 56 to 58 above, the exemptions as requested by these seven companies could, in accordance with Article 13(4) of the basic Regulation, not be granted.

               (60)

               One company could not show any fastener production facility and refused access to its accounts. Furthermore, evidence of transhipment practices during the IP was found. Therefore the exemption could, in accordance with Article 13(4) of the basic Regulation, not be granted.

               (61)

               The remaining eight Malaysian exporting producers were found not to be engaged in circumvention practices and therefore exemptions to these companies can be granted.

               (62)

               One of these eight companies was established after the imposition of the measures in force by its Chinese parent company, which is subject to these measures. The Chinese parent company has gradually transferred part of its machinery to Malaysia for the purpose of serving the EU market through Malaysia. In the start-up phase the company produced some fasteners from semi-finished products that were shipped from its Chinese parent company for completion. At a later stage, but still in the IP, when more machinery was transferred, fasteners were mainly produced from the raw material steel wire rod, also shipped from its Chinese parent company.

               (63)

               Initially it was considered that an exemption to this company should be denied. However, in view of the comments received after disclosure, among others with regard to the value added to the product in Malaysia, it was concluded that the company was not engaged in circumvention practices. Accordingly, an exemption to this company can be granted.

               (64)

               Another of these eight companies is also related to a company in the PRC that is subject to the original measures. However this Malaysian company was established in 1998 by its Taiwanese owners who only at a later stage, but still before the measures against the PRC came into force, established the subsidiary in the PRC. There is no evidence that this relationship was established or used to circumvent the measures in place on imports originating in the PRC in the sense of Article 13(4) of the basic Regulation.

               (65)

               It is considered that special measures are needed in this case in order to ensure the proper application of such exemptions. These special measures are the requirement of the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. Imports not accompanied by such an invoice shall be made subject to the extended anti-dumping duty.

               (66)

               Other producers which did not come forward in this proceeding and did not export the product under investigation during the IP, which intend to lodge a request for an exemption from the extended anti-dumping duty pursuant to Articles 11(4) and 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to assess such a request. The Commission would normally also carry out an on-spot verification visit. Provided that the conditions set in Articles 11(4) and 13(4) of the basic Regulation are met, an exemption may be warranted.

               (67)

               Where an exemption is warranted, the Commission will, after consultation of the Advisory Committee, propose the amendment of this Regulation accordingly. Subsequently, any exemption granted will be monitored to ensure compliance with the conditions set therein.

         5.   DISCLOSURE

               (68)

               All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. The oral and written comments submitted by the parties were considered. With the exception of the comments received from a company as set out in recitals 62 and 63 above, none of the arguments presented gave rise to a modification of the definitive findings,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People’s Republic of China, is hereby extended to imports of certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, consigned from Malaysia whether declared as originating in Malaysia or not, currently falling within CN codes ex 7318 12 90, ex 7318 14 91, ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81, ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318129011, 7318129091, 7318149111, 7318149191, 7318149911, 7318149991, 7318155911, 7318155961, 7318155981, 7318156911, 7318156961, 7318156981, 7318158111, 7318158161, 7318158181, 7318158911, 7318158961, 7318158981, 7318159021, 7318159071, 7318159091, 7318210031, 7318210095, 7318220031 and 7318220095), with the exception of those produced by the companies listed below:

               Company

                  TARIC additional code

               Acku Metal Industries (M) Sdn. Bhd

               B123

               Chin Well Fasteners Company Sdn. Bhd

               B124

               Jinfast Industries Sdn. Bhd

               B125

               Power Steel and Electroplating Sdn. Bhd

               B126

               Sofasco Industries (M) Sdn. Bhd

               B127

               Tigges Fastener Technology (M) Sdn. Bhd

               B128

               TI Metal Forgings Sdn. Bhd

               B129

               United Bolt and Nut Sdn. Bhd

               B130

         2.   The application of exemptions granted to the companies specifically mentioned in paragraph 1 of this Article or authorised by the Commission in accordance with Article 2(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.
   3.   The duty extended by paragraph 1 of this Article shall be collected on imports consigned from Malaysia, whether declared as originating in Malaysia or not, registered in accordance with Article 2 of Regulation (EU) No 966/2010 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, with the exception of those produced by the companies listed in paragraph 1.
   4.   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: N-105 04/92

               1049 Brussels

               Belgium

               Fax +32 22956505

         2.   In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 91/2009, from the duty extended by Article 1.
   Article 3
   Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 966/2010.
   Article 4
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

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

      (2)  OJ L 29, 31.1.2009, p. 1.

      (3)  OJ L 282, 28.10.2010, p. 29.

      ANNEX
      A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(2):

                  (1)

                  the name and function of the official of the entity issuing the commercial invoice;

                  (2)

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

                  (3)

                  date and signature.


title: Commission Implementing Regulation (EU) No 938/2012 of 12 October 2012 fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2013 EAGF accounting year

text:
               13.10.2012

               EN

               Official Journal of the European Union

               L 280/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 938/2012
   of 12 October 2012
   fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2013 EAGF accounting year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 3(3) thereof,
   Whereas:

               (1)

               Article 4(1)(a) of Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage operations and the accounting of public storage operations by the paying agencies of the Member States (2) provides that expenditure relating to the financial costs incurred by Member States in mobilising funds to buy in products is to be determined in accordance with the methods set out in Annex IV to that Regulation.

               (2)

               The first paragraph of point I.1 of Annex IV to Regulation (EC) No 884/2006 provides that the financial costs in question are to be calculated on the basis of a uniform interest rate for the Union fixed by the Commission at the beginning of every accounting year. This interest rate corresponds to the average of the three-month and 12-month forward Euribor rates, recorded in the six months preceding the notification from the Member States provided for in the first paragraph of point I.2 of the aforementioned Annex IV, with a weighting of one third and two thirds respectively. That rate must be fixed at the beginning of each accounting year of the EAGF.

               (3)

               However, if the interest rate notified by a Member State is lower than the uniform interest rate fixed for the Union, in accordance with the second paragraph of point I.2 of Annex IV to Regulation (EC) No 884/2006, the interest rate is to be fixed at the level of the rate notified.

               (4)

               Furthermore, in accordance with the third paragraph of point I.2 of Annex IV to Regulation (EC) No 884/2006, in the absence of any notification from a Member State, in the form and by the deadline referred to in the first paragraph of point I.2 of the aforementioned Annex IV, the interest rate borne by that Member State is to be considered as being 0 %. Where a Member State declares that it did not bear any interest costs because it did not have agricultural products in public storage during the reference period, the uniform interest rate fixed by the Commission applies to that Member State. Austria, Bulgaria, the Czech Republic, Denmark, Estonia, Greece, Spain, Italy, Cyprus, Latvia, Luxembourg Malta, Poland, Portugal, Romania, Slovenia and Slovakia have declared that they did not bear any interest costs as they did not have any agricultural products in public storage during the reference period.

               (5)

               Given the Member States’ notifications to the Commission, the interest rates applicable for the 2013 EAGF accounting year should be fixed taking the various factors into account.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For expenditure relating to the financial costs incurred by Member States in mobilising funds to buy in products chargeable to the 2013 accounting year of the European Agricultural Guarantee Fund (EAGF), the interest rates provided for in Annex IV to Regulation (EC) No 884/2006 in accordance with Article 4(1)(a) of that Regulation shall be fixed at:

               (a)

               0,2 % in the case of the specific interest rate applicable in Finland;

               (b)

               0,3 % in the case of the specific interest rate applicable in Germany;

               (c)

               0,5 % in the case of the specific interest rate applicable in the United Kingdom and in Ireland;

               (d)

               0,9 % in the case of the specific interest rate applicable in Belgium;

               (e)

               1,0 % in the case of the uniform interest rate for the Union applicable to the other Member States.

         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 October 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 October 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 209, 11.8.2005, p. 1.

      (2)  OJ L 171, 23.6.2006, p. 35.


title: Commission Implementing Regulation (EU) 2016/39 of 14 January 2016 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance)

text:
               16.1.2016

               EN

               Official Journal of the European Union

               L 11/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/39
   of 14 January 2016
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 (2) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities may only be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

               (2)

               Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (‘HPAI’).

               (3)

               Mexico is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of specified pathogen-free eggs (‘SPF-eggs’) and egg products are authorised.

               (4)

               Following HPAI outbreaks of the subtype H7N3 on the Mexican territory in January 2013, imports into or transit through the Union of egg products were prohibited by Commission Implementing Regulation (EU) No 437/2013 (3).

               (5)

               The latest HPAI outbreak of that disease was confirmed at the beginning of March 2015.

               (6)

               On 8 May 2015, Mexico has submitted information on its HPAI situation. Mexico applied a stamping out policy and has carried surveillance for avian influenza. It did not detect any further virus circulation.

               (7)

               That information has been evaluated by the Commission. On the basis of that evaluation and the guarantees provided by Mexico, the Commission services concluded that the imports into or transit through the Union of egg products should again be authorised from the whole territory of Mexico.

               (8)

               The entry for Mexico in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 January 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (3)  Commission Implementing Regulation (EU) No 437/2013 of 8 May 2013 amending Regulation (EC) No 798/2008 as regards the entry for Mexico in the list of third countries, territories, zones or compartments from which certain commodities may be imported into or transit through the Union (OJ L 129, 14.5.2013, p. 25).

      ANNEX
      In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Mexico is replaced by the following:

                     ISO code and name of third country or territory

                     Code of third country, territory, zone or compartment

                     Description of third country, territory, zone or compartment

                     Veterinary certificate

                     Specific conditions

                     Specific conditions

                     Avian influenza surveillance status

                     Avian influenza vaccination status

                     Salmonella control status

                     Model(s)

                     Additional guarantees

                     Closing date (1)

                     Opening date (2)

                     1

                     2

                     3

                     4

                     5

                     6

                     6A

                     6B

                     7

                     8

                     9

                     ‘MX-Mexico

                     MX-0

                     Whole country

                     SPF

                     EP

                     5 February 2016’


title: Commission Implementing Regulation (EU) No 19/2012 of 11 January 2012 fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar

text:
               12.1.2012

               EN

               Official Journal of the European Union

               L 8/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 19/2012
   of 11 January 2012
   fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 7e in conjunction with Article 9(1) thereof,
   Whereas:

               (1)

               According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007 the sugar produced during the marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit fixed by the Commission.

               (2)

               Commission Implementing Regulation (EU) No 372/2011 of 15 April 2011 fixing the quantitative limit for the exports of out-of-quota sugar and isoglucose until the end of the 2011/2012 marketing year (3) sets the abovementioned limits.

               (3)

               The quantities of sugar covered by applications for export licences exceed the quantitative limit fixed by Implementing Regulation (EU) No 372/2011. An acceptance percentage should therefore be set for quantities applied for from 2 to 6 January 2012. All export-licence applications for sugar lodged after 6 January 2012 should accordingly be rejected and the lodging of export-licence applications should be suspended,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   Export licences for out-of-quota sugar for which applications were lodged from 2 to 6 January 2012 shall be issued for the quantities applied for, multiplied by an acceptance percentage of 38,474060 %.
   2.   Applications for out-of-quota sugar export licences submitted on 9, 10, 11, 12 and 13 January 2012 are hereby rejected.
   3.   The lodging of applications for out-of-quota sugar export licences shall be suspended for the period 16 January 2012 to 30 September 2012.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 January 2012.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 102, 16.4.2011, p. 8.


title: Commission Implementing Regulation (EU) 2015/480 of 20 March 2015 amending for the 227th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaeda network

text:
               21.3.2015

               EN

               Official Journal of the European Union

               L 77/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/480
   of 20 March 2015
   amending for the 227th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaeda network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaeda network (1), and in particular Article 7(1)(a), and 7a(1) and 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 13 March 2015 the Sanctions Committee of the United Nations Security Council approved the addition of three natural persons and one entity to the Al-Qaeda Sanctions Committee's list of persons, groups and entities to whom the freezing of funds and economic resources should apply. On 16 March 2015 the Sanctions Committee of the UNSC decided to remove four persons from the list. Furthermore, on 19 February 2015 the Sanctions Committee of the UNSC decided to amend one entry on the list.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

               (4)

               In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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, 20 March 2015.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entries shall be added under the heading ‘Natural persons’:

                              (a)

                                 ‘Angga Dimas Pershada (alias: (a) Angga Dimas Persada, (b) Angga Dimas Persadha, (c) Angga Dimas Prasondha). Title: Secretary-General (as at mid-2014). Date of birth: 4.3.1985. Place of birth: Jakarta, Indonesia. Nationality: Indonesian. Passport No: Indonesian passport number W344982 (issued under name Angga Dimas Peshada). Other information: (a) Member of Jemaah Islamiyah; (b) Leader of Hilal Ahmar Society Indonesia (HASI). Date of designation referred to in Article 2a(4)(b): 13.3.2015.’

                              (b)

                                 ‘Bambang Sukirno (alias: (a) Pak Zahra, (b) Abu Zahra). Date of birth: 5.4.1975. Place of birth: Indonesia. Nationality: Indonesian. Passport No: Indonesian passport number A2062513. Other information: Senior leader of Jemaah Islamiyah who has held leadership positions in Hilal Ahmar Society Indonesia (HASI). Date of designation referred to in Article 2a(4)(b): 13.3.2015.’

                              (c)

                                 ‘Wiji Joko Santoso (alias: (a) Wijijoko Santoso, (b) Abu Seif al-Jawi, (c) Abu Seif). Date of birth: 14.7.1975. Place of birth: Rembang, Jawa Tengah, Indonesia. Nationality: Indonesian. Passport No: Indonesian passport number A2823222 (issued 28.5.2012, expires 28.5.2017 under name Wiji Joko Santoso). Other information: Head of the foreign affairs division of Jemaah Islamiyah. Date of designation referred to in Article 2a(4)(b): 13.3.2015.’

                  (2)

                  The following entry shall be added under the heading ‘Legal persons, groups and entities’:
                  ‘Hilal Ahmar Society Indonesia (HASI) (alias: (a) Yayasan Hilal Ahmar, (b) Indonesia Hilal Ahmar Society for Syria). Other information: (a) ostensibly humanitarian wing of Jemaah Islamiyah; (b) operates in Lampung, Jakarta, Semarang, Yogyakarta, Solo, Surabaya and Makassar, Indonesia; (c) not affiliated with the humanitarian group International Federation of the Red Cross and Red Crescent Societies (IFRC). Date of designation referred to in Article 2a(4)(b): 13.3.2015.’

                  (3)

                  The following entries under the heading ‘Natural persons’ are deleted:

                              (a)

                                 ‘Mustafa Mohamed Fadhil (alias (a) Al Masri, Abd Al Wakil, (b) Ali, Hassan, (c) Anis, Abu, (d) Elbishy, Moustafa Ali, (e) Fadil, Mustafa Muhamad, (f) Fazul, Mustafa, (g) Mohammed, Mustafa, (h) Mustafa Ali Elbishy, (i) Al-Nubi, Abu, (j) Hussein, (k) Jihad, Abu, (l) Khalid, (m) Man, Nu, (n) Yussrr, Abu). Date of birth: (a) 23.6.1976, (b) 1.1.1976. Place of birth: Cairo, Egypt. Nationality: Kenyan. National identification No: 12773667 (Kenyan identity card); serial No 201735161. Date of designation referred to in Article 2a(4)(b): 17.10.2001.’

                              (b)

                                 ‘Ahmed Mohammed Hamed Ali (alias (a) Abdurehman, Ahmed Mohammed, (b) Ahmed Hamed, (c) Ali, Ahmed Mohammed, (d) Ali, Hamed, (e) Hemed, Ahmed, (f) Shieb, Ahmed, (g) Abu Fatima, (h) Abu Islam, (i) Abu Khadiijah, (j) Ahmed The Egyptian, (k) Ahmed, Ahmed, (l) Al-Masri, Ahmad, (m) Al-Surir, Abu Islam, (n) Shuaib). Date of birth: 13.1.1967. Place of birth: Badari, Asyout, Egypt. Nationality: Egyptian. Other information: Afghanistan. Date of designation referred to in Article 2a(4)(b): 17.10.2001.’

                              (c)

                                 ‘Said Ali Al-Shihri (alias (a) Sa'id Ali Jabir al-Kathim al-Shihri, (b) Said Ali Al Shahri, (c) Said Ali Jaber Al Khasaam Al Shahri, (d) Said Ali Jaber Al Khassam, (e) Abu-Sayyaf, (f) Abu-Sufyan al-Azidi, (g) Abu-Sayyaf al-Shihri, (h) Abu Sufian Kadhdhaab Matrook, (i) Salahm, (j) Salah Abu Sufyan, (k) Salah al-Din, (l) Abu Osama, (m) Abu Sulaiman, (n) Nur al-Din Afghani Azibk, (o) Alahhaddm, (p) Akhdam, (q) Abu Sufian Al Azadi, (r) Abu Asmaa). Date of birth: 12.9.1973. Place of birth: Riyadh, Saudi Arabia. Nationality: Saudi Arabian. Passport No: C102432 (Saudi Arabian passport issued on 22.4.2000; expired on 26.2.2005. Issue date in Hijri calendar 17.1.1421; expiry date in Hijri calendar 17.1.1426). National identification No: 1008168450 (Saudi Arabia). Other information: Was in custody of the United States of America between 2001 and 2007. Located in Yemen as at January 2010. Date of designation referred to in Article 2a(4)(b): 19.1.2010.’

                              (d)

                                 ‘Hakimullah Mehsud (alias (a) Hakeemullah Mehsud, (b) Zulfiqar). Date of birth: Approximately 1979. Place of birth: Pakistan. Nationality: Pakistani. Other information: (a) reportedly born in South Waziristan, Pakistan; (b) believed to be residing in Pakistan; (c) leader of Tehrik-e Taliban Pakistan (TTP), an organisation based in the tribal areas along the Afghanistan-Pakistan border. Date of designation referred to in Article 2a(4)(b): 21.10.2010.’

                  (4)

                  The entry ‘Khalifa Muhammad Turki Al-Subaiy (alias (a) Khalifa Mohd Turki Alsubaie, (b) Khalifa Mohd Turki al-Subaie, (c) Khalifa Al-Subayi, (d) Khalifa Turki bin Muhammad bin al-Suaiy). Date of birth: 1.1.1965. Place of birth: Doha, Qatar. Nationality: Qatari. Passport No: 00685868 (issued in Doha on 5.2.2006 and expiring on 4.2.2010). Identity card number: 26563400140 (Qatar). Address: Doha, Qatar. Other information: Mother's name is Hamdah Ahmad Haidoos. Date of designation referred to in Article 2a(4)(b): 10.10.2008.’ under the heading ‘Natural persons’ shall be replaced by the following:
                  ‘Khalifa Muhammad Turki Al-Subaiy (alias: (a) Khalifa Mohd Turki Alsubaie, (b) Khalifa Mohd Turki al-Subaie, (c) Khalifa Al-Subayi, (d) Khalifa Turki bin Muhammad bin al-Suaiy, (e) Abu Mohammed al-Qatari, (f) Katrina). Date of birth: 1.1.1965. Place of birth: Doha, Qatar. Nationality: Qatari. Passport No: 00685868 (issued in Doha on 5.2.2006 and expiring on 4.2.2011). Identity card number: 26563400140 (Qatar). Address: Doha, Qatar. Other information: Mother's name is Hamdah Ahmad Haidoos. Date of designation referred to in Article 2a(4)(b): 10.10.2008.’


title: Commission Implementing Regulation (EU) 2016/1135 of 12 July 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.7.2016

               EN

               Official Journal of the European Union

               L 188/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1135
   of 12 July 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 July 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  174,2

                  ZZ

                  174,2

                  0709 93 10

                  TR

                  135,5

                  ZZ

                  135,5

                  0805 50 10

                  AR

                  181,7

                  BO

                  217,8

                  CL

                  151,2

                  TR

                  134,0

                  UY

                  167,2

                  ZA

                  148,9

                  ZZ

                  166,8

                  0808 10 80

                  AR

                  161,4

                  BR

                  101,8

                  CL

                  129,1

                  CN

                  102,6

                  NZ

                  147,6

                  ZA

                  104,1

                  ZZ

                  124,4

                  0808 30 90

                  AR

                  121,5

                  CL

                  118,9

                  CN

                  91,9

                  NZ

                  154,1

                  ZA

                  121,8

                  ZZ

                  121,6

                  0809 10 00

                  TR

                  197,0

                  ZZ

                  197,0

                  0809 29 00

                  TR

                  289,0

                  ZZ

                  289,0

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


title: Commission Implementing Regulation (EU) 2017/963 of 7 June 2017 concerning the authorisation of the preparation of endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94), endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94), alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553), endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842) and bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) as a feed additive for all avian species and weaned piglets and amending Regulations (EC) No 358/2005 and (EU) No 1270/2009 (holder of the authorisation Kemin Europa NV) (Text with EEA relevance. )

text:
                  8.6.2017

                  EN

                  Official Journal of the European Union

                  L 145/18

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/963
      of 7 June 2017
      concerning the authorisation of the preparation of endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94), endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94), alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553), endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842) and bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) as a feed additive for all avian species and weaned piglets and amending Regulations (EC) No 358/2005 and (EU) No 1270/2009 (holder of the authorisation Kemin Europa NV)
      (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 Articles 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. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

                  (2)

                  The preparation of endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94), endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94), alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553), endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842) and bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for chickens for fattening by Commission Regulation (EC) No 358/2005 (3), for turkeys for fattening and weaned piglets by Commission Regulation (EU) No 1270/2009 (4). That preparation was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                  (3)

                  In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, an application was submitted for the re-evaluation of the preparation of endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94), endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94), alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553), endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842) and bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) as a feed additive for chickens for fattening, turkeys for fattening and for weaned piglets and, in accordance with Article 7 of that Regulation, for a new authorisation as a feed additive for all avian species. The applicant requested that additive to be classified in the additive category ‘zootechnical additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (4)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinion of 9 September 2015 (5) that, under the proposed conditions of use, it does not have an adverse effect on animal health, human health or the environment. The Authority also concluded that the use of that preparation has the potential to be efficacious in chickens for fattening, turkeys for fattening and in laying hens (6). It was considered that those conclusions can be extended to chickens reared for laying and turkeys reared for breeding. The Authority further considered that the mode of action of the enzymes present in the additive can be considered to be similar in all avian species, therefore the conclusions on the efficacy in major poultry species can be extrapolated to minor poultry species and ornamental birds.

                  (5)

                  Concerning the use of the additive on weaned piglets, the Authority could not conclude on the efficacy of the additive in weaned piglets owing to lack of data. There was however a significantly higher weight gain and better feed to gain ratio than the controls in one study and in a second one, the results showed an improvement in the average daily weight gain of females, although this was not seen in males. These evidences have been judged a substantial indication of the improvement of zootechnical parameters of weight gain in addition to the long history of use. Therefore it was considered that the provided data meets the conditions for the demonstration of the efficacy of the additive for weaned piglets.

                  (6)

                  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.

                  (7)

                  The assessment of the preparation endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94), endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94), alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553), endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842) and bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                  (8)

                  Regulations (EC) No 358/2005 and (EU) No 1270/2009 should be amended accordingly.

                  (9)

                  Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

                  (10)

                  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
      Authorisation
      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
      Amendments to Regulation (EC) No 358/2005
      In Annex I to Regulation (EC) No 358/2005 entry E 1620 on endo-1,3(4)-beta-glucanase EC 3.2.1.6, endo-1,4-beta-glucanase EC 3.2.1.4, alpha-amylase EC 3.2.1.1, bacillolysin EC 3.4.24.28 and endo-1,4-beta-xylanase EC 3.2.1.8 is deleted.
      Article 3
      Amendment to Regulation (EU) No 1270/2009
      Regulation (EC) No 1270/2009 is amended as follows:

                  (1)

                  Article 2 is deleted.

                  (2)

                  Annex II is deleted.

            Article 4
      Transitional measures
      The preparation specified in the Annex, and feed containing that preparation, which are produced and labelled before 28 December 2017 in accordance with the rules applicable before 28 June 2017 may continue to be placed on the market and used until the existing stocks are exhausted.
      Article 5
      Entry into force
      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, 7 June 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

         (3)  Commission Regulation (EC) No 358/2005 of 2 March 2005 concerning the authorisations without a time limit of certain additives and the authorisation of new uses of additives already authorised in feedingstuffs (OJ L 57, 3.3.2005, p. 3).

         (4)  Commission Regulation (EU) No 1270/2009 of 21 December 2009 concerning the permanent authorisations of certain additives in feedingstuffs (OJ L 339, 22.12.2009, p. 28).

         (5)  EFSA Journal 2015; 13(9):4234.

         (6)  Owing to lack of adequate data on enzyme recovery, the efficacy studies could not reach conclusions on efficacy at the recommended dose but were instead based on calculations and refer only to the nominal dose.

         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

                     4a1620i

                     Kemin Europa NV

                     Endo-1,3(4)-beta-glucanase
                     EC 3.2.1.6
                     Endo-1,4-beta-glucanase
                     EC 3.2.1.4
                     Alpha-amylase
                     EC 3.2.1.1
                     Endo-1,4-beta-xylanase EC 3.2.1.8
                     Bacillolysin
                     EC 3.4.24.28

                        Additive composition

                     Preparation of:

                                 —

                                 endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (formerly classified as Aspergillus aculeatus) (CBS 589.94),

                                 —

                                 endo-1,4-beta-glucanase produced by Trichoderma reesei (formerly classified as Trichoderma longibrachiatum) (CBS 592.94),

                                 —

                                 alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553),

                                 —

                                 endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842),

                                 —

                                 bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554) having a minimum activity of:

                                 —

                                 Endo-1,3(4)-beta-glucanase: 2 350  U (1)/g,

                                 —

                                 Endo-1,4-beta-glucanase: 18 000  U (2)/g,

                                 —

                                 alpha-amylase: 400 U (3)/g,

                                 —

                                 Endo-1,4-beta-xylanase: 35 000  U (4)/g,

                                 —

                                 bacillolysin 1 700  U (5)/g

                           Solid form

                        Characterisation of the active substance

                                 —

                                 endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatinus (CBS 589.94),

                                 —

                                 endo-1,4-beta-glucanase produced by Trichoderma reesei (CBS 592.94),

                                 —

                                 alpha-amylase produced by Bacillus amyloliquefaciens (DSM 9553),

                                 —

                                 endo-1,4-beta-xylanase produced by Trichoderma viride (NIBH FERM BP4842),

                                 —

                                 bacillolysin produced by Bacillus amyloliquefaciens (DSM 9554).

                     Chickens for fattening
                     Chickens reared for laying
                     Minor avian species for laying
                     Minor avian species reared for laying
                     Ornamental birds
                     Piglets (weaned)

                     —

                     Endo-1,3(4)-beta-glucanase
                     1 175  U
                     Endo-1,4-beta-glucanase
                     9 000  U
                     Alpha-amylase
                     200 U
                     Endo-1,4-beta-xylanase
                     17 500  U
                     Bacillolysin
                     850 U

                     —

                                 1.

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

                                 2.

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

                                 3.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its 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 breathing protection and skin protection.

                                 4.

                                 Recommended use level in laying hens: endo-1,3(4)- beta glucanase: 1 175  U; endo-1,4-beta-glucanase: 9 000  U; alpha-amylase: 200 U; endo-1,4-beta-xylanase: 17 500  U; bacillolysin: 850 U/kg of complete feed.

                     28 June 2027

                        Analytical method
                         (6)

                     For the determination in feed additive of:

                                 —

                                 endo-1,3(4)-beta-glucanase in the feed additives: colorimetric method based on the enzymatic hydrolysis of glucanase on the barley beta-glucan substrate at pH 7,5 and 30 °C,

                                 —

                                 endo-1,4-beta-glucanase in the feed additives: colorimetric method based on the enzymatic hydrolysis of cellulase on the carboxymethylcellulose at pH 4,8 and 50 °C,

                                 —

                                 alpha-amylase in the feed additives: colorimetric method based on the formation of water soluble dyed fragments produced by the action of amylase on azurine cross-linked starch polymer substrates at pH 7,5 and 37 °C,

                                 —

                                 endo-1,4-beta-xylanase in the feed additives: colorimetric method based on the enzymatic hydrolysis of xylanase on the birchwood xylane substrate at pH 5,3 and 50 °C,

                                 —

                                 bacillolysin: colorimetric method based on the release of azo-dye resulting from the action of protease on the azo-casein substrate at pH 7,5 and 37 °C.

                           For the determination in premixtures and feedingstuffs of:

                                 —

                                 endo-1,3(4)-beta-glucanase: plate test method based on the glucanase diffusion and the subsequent decolouring of the red agar medium due to the beta-glucan hydrolysis,

                                 —

                                 endo-1,4-beta-glucanase: colorimetric method based on the quantification of the water soluble dye fragments produced by the action of cellulase on azurine cross-linked water insoluble HE-cellulose substrate,

                                 —

                                 alpha-amylase: colorimetric method based on the formation of water soluble blue fragments produced by the action of amylase on azurine cross-linked insoluble blue-coloured starch polymer substrates,

                                 —

                                 endo-1,4-beta-xylanase: colorimetric method based on the quantification of water soluble dyed fragments produced by the action of xylanase on azurine cross-linked wheat arabinoxylan,

                                 —

                                 bacillolysin: test plate method based on the diffusion of protease in the azo-casein agar medium and the subsequent hydrolysis of casein.

                     All Turkeys
                     Laying hens
                     Minor avian species for fattening

                     Endo-1,3(4)beta-glucanase
                     588 U
                     Endo-1,4-beta-glucanase
                     4 500  U
                     Alpha-amylase
                     100 U
                     Endo-1,4-beta-xylanase
                     8 750  U
                     Bacillolysin
                     425 U

            (1)  1 U is the amount of enzyme which liberates 0,0056 micromoles of reducing sugars (glucose equivalents) from barley beta-glucan per minute at pH 7,5 and 30 °C.

            (2)  1 U is the amount of enzyme which liberates 0,0056 micromoles of reducing sugars (glucose equivalents) from carboxymethylcellulose per minute at pH 4,8 and 50 °C.

            (3)  1 U is the amount of enzyme which hydrolyses 1 micromole of glycosidic linkages from water insoluble cross-linked starch polymer per minute at pH 7,5 and 37 °C.

            (4)  1 U is the amount of enzyme which liberates 0,0067 micromoles of reducing sugars (xylose equivalents) from birchwood xylan per minute at pH 5,3 and 50 °C.

            (5)  1 U is the amount of enzyme which solubilises one microgram of azo-casein substrate per minute at pH 7,5 and 37 °C.

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


title: Commission Implementing Regulation (EU) 2016/1827 of 14 October 2016 amending for the 255th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
               15.10.2016

               EN

               Official Journal of the European Union

               L 279/90

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1827
   of 14 October 2016
   amending for the 255th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 11 October 2016, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person and to amend one entry from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 October 2016.

            For the Commission,

            On behalf of the President,

            Acting Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  the following entry under the heading ‘Natural persons’ is deleted:
                  ‘Nasir 'Abd-Al-Karim 'Abdullah Al-Wahishi (alias (a) Nasir al-Wahishi, (b) Abu Basir Nasir al-Wahishi, (c) Naser Abdel Karim al-Wahishi, (d) Nasir Abd al-Karim al-Wuhayshi, (e) Abu Basir Nasir Al-Wuhayshi, (f) Nasser Abdul- karim Abdullah al-Wouhichi, (g) Abu Baseer al-Wehaishi, (h) Abu Basir Nasser al-Wuhishi, (i) Abdul Kareem Abdullah Al-Woohaishi, (j) Nasser Abdelkarim Saleh Al Wahichi, (k) Abu Basir, (l) Abu Bashir). Date of birth: (a) 1.10.1976, (b) 8.10.1396 (Hijri Calendar). Place of birth: Yemen. Nationality: Yemeni. Passport No: 40483 (Yemeni passport number issued on 5.1.1997). Other information: Reportedly deceased in Yemen in Jun. 2015. Date of designation referred to in Article 7d(2)(i): 19.1.2010.’;

                  (2)

                  the following entry under the heading ‘Natural persons’ is amended as follows:
                  ‘Yazid Sufaat (alias (a) Joe, (b) Abu Zufar). Address: Taman Bukit Ampang, Selangor, Malaysia. Date of birth: 20.1.1964. Place of birth: Johor, Malaysia. Nationality: Malaysian. Passport No: A 10472263. National identification No: 640120-01-5529. Date of designation referred to in Article 2a (4) (b): 9.9.2003.’ is replaced by the following:
                  ‘Yazid Sufaat (alias (a) Joe, (b) Abu Zufar). Address: (a) Taman Bukit Ampang, Selangor, Malaysia (prevoius address) (b) Malaysia (in prison since 2013). Date of birth: 20.1.1964. Place of birth: Johor, Malaysia. Nationality: Malaysian. Passport No: A 10472263. National identification No: 640120-01-5529. Date of designation referred to in Article 7d(2)(i): 9.9.2003.’


title: Commission Implementing Regulation (EU) No 929/2014 of 27 August 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Fungo di Borgotaro (PGI))

text:
               29.8.2014

               EN

               Official Journal of the European Union

               L 258/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 929/2014
   of 27 August 2014
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Fungo di Borgotaro (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Fungo di Borgotaro’, registered under Commission Regulation (EC) No 1107/96 (2).

               (2)

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

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Fungo di Borgotaro’ (PGI) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission,

            On behalf of the President,

         Tonio BORG

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

      (3)  OJ C 122, 25.4.2014, p. 4.