title: Commission Implementing Regulation (EU) 2020/2003 of 7 December 2020 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
                  8.12.2020

                  EN

                  Official Journal of the European Union

                  L 412/29

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/2003
         of 7 December 2020
         amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
         Whereas:

                     (1)

                     Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on 22 May 2003 under that Regulation.

                     (2)

                     Annex IV to Regulation (EC) No 1210/2003 lists natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources and by a prohibition to make funds or economic resources available.

                     (3)

                     On 1 December 2020, the Sanctions Committee of the United Nations Security Council decided to remove one individual and eleven entities from the list of individuals and entities to whom the freezing of funds and economic resources should apply.

                     (4)

                     Annexes III and IV to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annexes III and IV to Regulation (EC) No 1210/2003 are amended as set out in 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, 7 December 2020.

                  For the Commission,

                  On behalf of The President,

                  Director-General

                  Directorate-General for Financial Stability, Financial Services and Capital Markets Union

            (1)  OJ L 169, 8.7.2003, p. 6.

            ANNEX
            Annexes III and IV to Regulation (EC) No 1210/2003 are amended as follows:

                        (1)

                        in Annex III, the following entries are deleted:

                                    ‘36.

                                    FACTORY OF MANUFACTURING SPARE PARTS FOR AGRICULTURAL MACHINERY. Address: Karh - Otaefia, near Steel Bridge, Baghdad, Iraq.’

                                    ‘94.

                                    NATIONAL ENTERPRISE FOR EQUIPMENT MARKETING AND MAINTENANCE. Address: P.O. Box 12014, Al-Daura, Bayaa, Baghdad, Iraq.’

                                    ‘108.

                                    SARCHINAR STATE CEMENT ENTERPRISE. Address: P.O. Box 1, Sarchina, Sulaimaniya, Iraq.’

                                    ‘118.

                                    STATE COMPANY FOR MACHINERY (alias GENERAL ESTABLISHMENT FOR MACHINERY AND IMPLEMENT REPAIR). Addresses: (a) Sara Camp, P.O. Box 2218, Baghdad, Iraq; (b) P.O. Box 12050, Al-Doura, Baghdad, Iraq.’

                                    ‘133.

                                    STATE ENTERPRISE FOR DRINKS AND MINERAL WATER (alias STATE ENTERPRISE FOR SOFT & ALCOHOLIC DRINKS). Addresses: (a) P.O. Box 5689, Sara Khatoon Camp, Baghdad, Iraq; (b) P.O. Box 2108, Al-Za'afaraniya, Baghdad, Iraq.’

                                    ‘152.

                                    STATE ENTERPRISE FOR TEXTILE AND SPINNING PRODUCTS IMPORTING AND DISTRIBUTION (alias STATE ORGANISATION FOR TEXTILE INDUSTRIES). Addresses: (a) Al Zawria Building, Al Hindiya, P.O. Box 5856, Baghdad, Iraq; (b) P.O. Box 5817, Al-Nidhal St., Baghdad, Iraq.’

                                    ‘176.

                                    STATE ORGANISATION FOR CHEMICAL INDUSTRIES. Address: Jumhiriya St., Khullani Square, P.O. Box 5424, Baghdad, Iraq.’

                                    ‘179.

                                    STATE ORGANISATION FOR ENGINEERING INDUSTRIES. Addresses: (a) Ministry of Industry Building, Al Nidal St., P.O. Box 5614, Baghdad, Iraq; (b) P.O. Box 3093, Tayaran Square, Baghdad, Iraq.’

                                    ‘188.

                                    STATE ORGANISATION FOR TECHNICAL INDUSTRIES. Address: Khullani St., Baghdad, Iraq.’

                                    ‘192.

                                    STATE STEEL PIPES COMPANY. Address: P.O. Box 352, Um Qasr, Basrah, Iraq.’

                                    ‘200.

                                    SULAIMANIYAH SUGAR STATE COMPANY (alias SULAIMANIYA SUGAR STATE ENTERPRISE). Address: P.O. Box 5, Sulaimaniyah, Iraq.’

                        (2)

                        in Annex IV, the following entry is deleted:

                                    ‘35.

                                    NAME: Muhammad Mahdi Al-Salih. DATE OF BIRTH/PLACE OF BIRTH: 1947 or 1949, al-Anbar Governate. NATIONALITY: Iraq. UNSC RESOLUTION 1483 BASIS: Minister of Trade, 1987 to 2003; Chief, Presidential Office, mid-1980s.’


title: Commission Implementing Regulation (EU) 2019/1872 of 7 November 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Japan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union (Text with EEA relevance)

text:
                  8.11.2019

                  EN

                  Official Journal of the European Union

                  L 289/47

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1872
         of 7 November 2019
         amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Japan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union
         (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) thereof,
         Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Article 23(1) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 798/2008 (3) 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 are only to 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)

                     Japan 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 eggs and egg products are authorised from the whole of its territory.

                     (4)

                     Japan had also requested to be authorised for imports into and transit through the Union of meat of poultry and has submitted the relevant information. The Commission has carried out an audit in Japan to evaluate the animal health controls in place for meat of poultry intended for export to the Union with favourable outcome. However, due to an outbreak of HPAI of subtype H5N6 in January 2018, the country could not satisfy the conditions laid down in Article 9 of Regulation (EC) No 798/2008 for being considered free from that disease and was therefore not authorised for that commodity.

                     (5)

                     More than 12 months have now past since HPAI was present in the territory of Japan and the country can now be considered free from that disease in accordance with Article 9 of Regulation (EC) No 798/2008. On the basis of the current epidemiological situation, it is therefore appropriate to amend the entry for Japan in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 to authorise that third country for imports into and transit through the Union of meat of poultry.

                     (6)

                     Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            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 third day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 7 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 18, 23.1.2003, p. 11.

            (2)  OJ L 343, 22.12.2009, p. 74.

            (3)  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).

            ANNEX
            In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Japan 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(6)

                           Model(s)

                           Additional guarantees

                           Closing date(1)

                           Opening date(2)

                        1

                        2

                        3

                        4

                        5

                        6

                        6A

                        6B

                        7

                        8

                        9

                        ‘JP — Japan

                        JP-0

                        Whole country

                        EP, E

                        POU’


title: Commission Implementing Regulation (EU) 2019/1873 of 7 November 2019 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products (Text with EEA relevance)

text:
                  8.11.2019

                  EN

                  Official Journal of the European Union

                  L 289/50

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1873
         of 7 November 2019
         on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 65(6) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2017/625 subjects certain categories of animals and goods to systematic controls at border control posts prior to their entry into the Union.

                     (2)

                     It follows from Article 65(4) of Regulation (EU) 2017/625 that in case of suspected fraudulent or deceptive practices by an operator or in the case of serious or repeated infringements of the rules referred to in Article 1(2) of that Regulation, official controls on consignments with the same use or origin performed by the competent authorities at the border control posts should be intensified. Pursuant to Article 65(5) of Regulation (EU) 2017/625, the competent authorities’ decision to perform such intensified controls is to be notified to the Commission and the Member States through the information management system for official controls (IMSOC) referred to in Article 131 of that Regulation.

                     (3)

                     In order to ensure a harmonised approach to the coordinated performance of intensified official controls on certain goods entering the Union, detailed procedures for the coordinated performance of those controls should be established, including rules on the role of the IMSOC in this respect. For practical reasons, the coordinated performance of intensified controls at borders should be limited to the categories of consignments for which there is an identifiable listed establishment of origin, i.e. consignments of products of animal origin, germinal products, animal by-products and composite products.

                     (4)

                     When receiving notifications from the competent authorities in accordance with Article 65(5) of Regulation (EU) 2017/625, the Commission should in particular assess whether the non-compliance is based on suspected fraudulent or deceptive practices or on a potentially serious or repeated infringement of the rules referred to in Article 1(2) of Regulation (EU) 2017/625, for instance the placing on the market of products of animal origin containing levels of contaminants or residues of veterinary medicinal products which exceed the maximum residue limit, or of products which do not comply with Commission Regulation (EC) No 2073/2005 (2).

                     (5)

                     In order to reduce the risk of fraudulent or deceptive practices by way of presenting small consignments for official controls, the total weight of compliant consignments required to end the coordinated performance of intensified official controls should amount to at least ten times the weight of the consignment that initially triggered the measure. However, in order to avoid an unacceptable administrative and financial burden for the competent authorities and for operators, a maximum total weight of compliant consignments required to end the coordinated performance of intensified official controls should be set.

                     (6)

                     If, during the coordinated performance of intensified official controls, three consignments entering the Union reveal the same type of infringement indicated in the notification in accordance with Article 65(5) of Regulation (EU) 2017/625, the coordinated performance of intensified official controls should be maintained until its results and the action of the competent authorities of the third countries concerned are satisfactory. In that case, the Commission should request the competent authorities of the third countries to carry out the necessary investigations and measures in order to remedy the situation in the establishment of origin and report back to the Commission.

                     (7)

                     For reasons of the efficiency of the control system, it should be possible for the Member States to exclude certain consignments from the coordinated performance of intensified official controls, in cases where the consignments are to be refused entry into the Union on grounds other than the infringement for which the coordinated intensified official controls are performed.

                     (8)

                     Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date.

                     (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
            Subject matter and scope
            This Regulation lays down rules relating to the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products entering the Union for placing on the market.

            Article 2
            Definition
            For the purpose of this Regulation, ‘establishment of origin’ means the establishment of origin in a third country, including third country vessels, appearing on lists drawn up regarding the export of products of animal origin, germinal products, animal by-products and composite products to the Union in accordance with the relevant Union legislation.

            Article 3
            Triggering of the coordinated performance of intensified official controls

               1.   When notifying the Commission and the other Member States through the IMSOC of their decision in accordance with Article 65(5) of Regulation (EU) 2017/625, the competent authorities shall indicate the establishment of origin, the category of goods, including their description and code from the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 (3), and the infringement for which a coordinated performance of intensified official controls is to be performed.

               2.   After receipt of the notification referred to in paragraph 1, the Commission shall assess whether the following conditions are met:

                           (a)

                           the notification is based on suspected fraudulent or deceptive practices or on a potentially serious or repeated infringement of the rules referred to in Article 1(2) of Regulation (EU) 2017/625;

                           (b)

                           the notification is related to an action or omission for which the establishment of origin of the consignment concerned is responsible;

                           (c)

                           the consignment concerned is not already subject to the coordinated performance of intensified official controls in accordance with this Regulation; and

                           (d)

                           the consignment concerned is not subject to emergency measures adopted in accordance with Article 53 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) or Article 261 of Regulation (EU) 2016/429 (5), or to special measures adopted in accordance with Article 128 of Regulation (EU) 2017/625, for the same infringement as the one indicated in the notification referred to in paragraph 1.

               3.   The Commission shall record the outcome of its assessment referred to in paragraph 2 in the IMSOC.

               4.   Where the outcome of the assessment referred to in paragraph 2 indicates that the requisite conditions have been met, the competent authorities at the border control posts in all Member States shall perform coordinated intensified official controls.

            Article 4
            Procedures for the coordinated performance of intensified official controls

               1.   The competent authorities at the border control posts in all Member States shall carry out the identity and physical checks referred to in Article 49 of Regulation (EU) 2017/625 on each consignment coming from the same establishment of origin and containing the same category of goods, for the same type of infringement, as indicated in the IMSOC in accordance with Article 3(1).

               2.   For the controls referred to in paragraph 1, the consignments shall be selected on the basis of the codes from the Combined Nomenclature indicated in IMSOC in accordance with Article 3(1).

               3.   Where these codes are not specific enough to properly identify the category of goods, the competent authorities at border control posts shall only subject consignments selected on the basis of these codes to the coordinated performance of intensified official controls if they correspond to the description of the goods indicated in accordance with Article 3(1).

               4.   The competent authorities shall record in the IMSOC the reasons for not subjecting a selected consignment to the coordinated performance of intensified official controls in accordance with paragraph 3.

            Article 5
            Imposed checks

               1.   If, during the coordinated performance of intensified official controls, three consignments entering the Union reveal the same type of infringement indicated in the notification referred to in Article 3(1), the Commission shall request the competent authority of the third country, in which the establishment of origin of the non-compliant consignments is located, to:

                           (a)

                           make the necessary investigations to identify the reasons for the infringements (‘imposed checks’);

                           (b)

                           adopt an action plan in relation to the establishment of origin to effectively remedy the situation; and

                           (c)

                           report back on the actions referred to in points (a) and (b), including the results of the action plan.

               2.   The Commission shall closely monitor the results of the imposed checks and the action plan and take further action, including measures in accordance with Article 53 of Regulation (EC) No 178/2002 and Article 127(4) of Regulation (EU) 2017/625, when:

                           (a)

                           the competent authority of the third country does not take appropriate action to effectively remedy the situation; or

                           (b)

                           the competent authorities of the Member States continue to notify unsatisfactory results of the coordinated performance of intensified official controls.

            Article 6
            Termination of the coordinated performance of intensified official controls

               1.   The coordinated performance of intensified official controls shall end in the following cases:

                           (a)

                           when a competent authority decides to withdraw its notification referred to in Article 3(1) and informs the Commission and the other Member States thereof through the IMSOC, indicating the reasons justifying their decision; or

                           (b)

                           when the following conditions are met:

                                       (i)

                                       an uninterrupted sequence of at least 10 satisfactory results in the coordinated performance of intensified official controls has been recorded in the IMSOC by the competent authorities of the border control posts of the Member States; and

                                       (ii)

                                       the total weight of the consignments referred to in point (i) reaches at least 10 times the weight of the consignment to which the notification referred to in Article 3(1) relates, or a net weight of 300 tons, whichever is the lowest.

               2.   However, where the Commission has requested imposed checks in accordance with point (a) of Article 5(1), the coordinated performance of intensified official controls shall end when:

                           (a)

                           an uninterrupted sequence of at least 30 satisfactory results in the coordinated performance of intensified official controls has been recorded in the IMSOC by the competent authorities of the border control posts of the Member States; and

                           (b)

                           the competent authority of the third country has adopted a satisfactory action plan in accordance with point (b) of Article 5(1).

            Article 7
            Costs of the coordinated performance of intensified official controls
            The costs of the coordinated performance of intensified official controls shall be at the expense of the operator responsible for the consignments that are subject to those controls.

            Article 8
            Consignments excluded from the coordinated performance of intensified official controls

               1.   The competent authorities may exclude a consignment from the coordinated performance of intensified official controls, if the consignment is to be refused entry into the Union in accordance with Article 66(1) of Regulation (EU) 2017/625 on grounds other than the infringement for which the coordinated intensified official controls are performed.

               2.   The competent authorities shall record in the IMSOC the reasons for the exclusion of a consignment from the coordinated performance of intensified official controls in accordance with paragraph 1.

            Article 9
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 14 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 7 November 2019.

                  For the Commission

                  The President

               Jean Claude JUNCKER

            (1)  OJ L 95, 7.4.2017, p. 1.

            (2)  Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

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

            (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

            (5)  Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).


title: Commission Implementing Regulation (EU) 2020/105 of 23 January 2020 making imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China and Indonesia subject to registration

text:
                  24.1.2020

                  EN

                  Official Journal of the European Union

                  L 19/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/105
         of 23 January 2020
         making imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China and Indonesia subject to registration
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 24(5) thereof,
         After informing the Member States,
         Whereas:

                     (1)

                     On 10 October 2019, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (2) (‘the notice of initiation’), the initiation of an anti-subsidy proceeding (‘the proceeding’) with regard to imports into the Union of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China (‘the PRC’) and Indonesia following a complaint lodged on 26 August 2019 by Eurofer, the European Steel Association (‘the complainant’) on behalf of four Union producers representing the entirety of Union production of certain hot rolled stainless steel sheets and coils.

                     (2)

                     On 12 August 2019, the Commission had already announced the initiation of an anti-dumping proceeding with regard to imports into the Union of the same product originating in the PRC, Taiwan and Indonesia (3) (‘the parallel anti-dumping proceeding’) pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council (4) (‘the basic anti-dumping Regulation’).

               1.   PRODUCT CONCERNED AND LIKE PRODUCT

                     (3)

                     The product subject to registration (‘the product concerned’) is flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled and excluding products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm. These products are currently falling under HS codes 7219 11, 7219 12, 7219 13, 7219 14, 7219 22, 7219 23, 7219 24, 7220 11 and 7220 12. These HS codes are given for information only.

               2.   REQUEST

                     (4)

                     The complainant already requested in its complaint the registration of imports. On 31 October 2019, the complainant submitted a separate registration request, with regard to the imports which are subject to this proceeding pursuant to Article 24(5) of the basic Regulation. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. Further communication in support of this request was submitted on 22 November and 10 December 2019.

                     (5)

                     On 14 November 2019, Marcegaglia Specialties (‘Marcegaglia’), a user of the product concerned, which is cooperating with the anti-subsidy proceeding, submitted comments in relation to the complainant’s request for registration of imports.

               3.   GROUNDS FOR REGISTRATION

                     (6)

                     According to Article 24(5) of the basic Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action.

                     (7)

                     According to the complainant registration is justified as the product concerned originating in the PRC and Indonesia is being subsidised. It argued that significant injury to the Union industry is being caused by an acceleration of low-priced imports which will undermine the remedial effect of potential definitive duties by allowing stockpiling.

                     (8)

                     The Commission examined the request in the light of Article 16(4) of the basic Regulation. The Commission verified whether there are critical circumstances where, for the subsidised product in question, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies and whether it is deemed necessary to assess countervailing duties retroactively on those imports in order to preclude the recurrence of such injury.

               3.1.   Subsidisation of the product concerned

                     (9)

                     The Commission has at its disposal sufficient evidence that imports of the product concerned from the PRC and Indonesia are being subsidised.

                     (10)

                     With regard to the PRC, the alleged subsidy practices consist, namely, of direct transfer of funds, government revenue forgone or not collected, and government provision of goods or services for less than adequate remuneration. This includes, for example, preferential loans and provision of credit lines by State-owned banks, export credits subsidy programmes, export guarantees and insurances and grant programmes; tax reductions for High and New Technology Enterprises, tax offset for research and development, accelerated depreciation of equipment used by High-Tech enterprises for High-Tech development and production, dividend exemption between qualified resident enterprises, withholding tax reduction for dividends from foreign-invested Chinese enterprises to their non-Chinese parent companies, land use tax exemptions and export tax rebate; and government provision of land and power for less than adequate remuneration.

                     (11)

                     With regard to Indonesia, the alleged subsidy practices consist, namely, of direct transfer of funds, government revenue forgone or not collected and government provision of goods or services for less than adequate remuneration. This includes, for example, preferential policy loans and tax benefits under Indonesian laws and import duty exemption on the import of raw materials and production equipment.

                     (12)

                     It is alleged that those measures are subsidies since they involve a financial contribution from the Government of the PRC, the Government of Indonesia or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product concerned. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable.

                     (13)

                     The evidence of subsidisation was made available in the open version of the complaint and was further analysed in the memorandum on sufficiency of evidence.

                     (14)

                     Therefore, the available evidence at this stage tends to indicate that the exports of the product concerned are benefiting from countervailable subsidies.

               3.2.   The existence of massive imports in a relatively short period

                     (15)

                     In the complaint and the subsequent submissions related to the request for registration, the evidence regarding the volume of imports shows a massive increase of imports in absolute terms and in terms of market share in the period between 2015 and June 2019. Specifically, the evidence provided in the complaint shows that Chinese and Indonesian exporters have very strongly increased the volume of sales of the product concerned to the Union, resulting in a sharp increase of market share to 28,7 % in the second half of 2018.

                     (16)

                     An analysis of the evolution of imports for the full period considered and post initiation, i.e. adding Surveillance 2 data covering the specific product concerned to the complaint data, does not suggest that the massive increase in imports has come to a halt:

                        Import volumes from the countries concerned (tonnes)

                                 Origin

                                 2016

                                 2017

                                 2018

                                 Investigation Period (IP)

                                 Monthly average IP

                                 Monthly average post-initiation  (5)

                                 PRC

                                 194 963

                                 263 858

                                 250 626

                                 220 705

                                 18 392

                                 26 338

                                 Indonesia

                                 105

                                 17

                                 44 863

                                 107 107

                                 8 926

                                 4 270

                                 Countries Concerned

                                 195 068

                                 263 874

                                 295 489

                                 327 812

                                 27 318

                                 30 607

                                    Source:

                                             —

                                             2016-2018: complaint

                                             —

                                             IP and post IP: Surveillance 2 database.

                     (17)

                     On the basis of these statistical data, the Commission found that the massive imports from the countries concerned were confirmed even in the two months from the initiation of the investigation, i.e. during October and November 2019, with the monthly average volume of imports during these months 12 % above the high level yet observed in the investigation period. The statistical data available to the Commission after the initiation of the investigation shows an increasing trend of import volumes coming from the countries concerned. These increases, together with respective market shares of both exporting countries throughout the period considered, amount to massive imports in in a relatively short period of time, within the meaning of Article 16(4) of the basic Regulation.

               3.3.   Injury, which is difficult to repair, is caused by these imports

                     (18)

                     Furthermore, the Commission has at its disposal sufficient evidence that the exporters’ subsidy practices are causing material injury to the Union industry. The volume and prices of the imports of the product concerned have had a negative impact on the quantities sold and level of the prices charged in the Union market and the market share held by the Union industry. This is resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. The evidence concerning the injury factors set out in Article 8(4) of the basic Regulation consists of data contained in the complaint and the subsequent submissions regarding registration and it is supported by publicly available data from Eurostat. The complaint, inter alia, showed that the Union industry’s sales to unrelated parties had decreased by 6 % from 2015 to 2018, that its market share in that period had gone down by 4,3 % and that profitability in 2018 was low and less than half of the profitability achieved in 2017. Moreover, profitability had dramatically decreased during 2018 and was only 2,2 % during the second half of that year. The complaint also demonstrated that employment had gone down by 3 % since 2015.

                     (19)

                     Furthermore, in its request for registration, the complainant pointed at the fact that the swiftly deteriorating situation of the Union industry observed in the complaint during the second half of 2018 continued in the first half of 2019, with a further decrease in production levels and increased undercutting by the imports. In its request for registration, the complainant also provided evidence showing that the situation had gone from bad to worse since then, inter alia, pointing at four major announcements of restructuring of different kinds by the various Union manufacturers since July 2019, affecting the jobs of hundreds of their staff. Two of these announcements were as recent as October 2019.

                     (20)

                     In addition, the Commission assessed at this stage whether the injury suffered was difficult to repair. Once Chinese and Indonesian suppliers are integrated into the supply chains of the customers of the Union industry, the latter may be reluctant to switch suppliers in favour of Union producers. In addition, the customers of the Union industry are unlikely to accept higher prices from the Union industry even if, hypothetically, the Commission were to impose countervailing measures without retroactive effect in the future. Such threat of permanent loss of market share or reduced income constitutes an injury which is difficult to repair.

               3.4.   Preclusion of recurrence of injury

                     (21)

                     Finally, given the data set out and considerations laid down in Section 3.3 above, the Commission deemed it necessary to prepare the potential retroactive imposition of measures by imposing registration in order to preclude the recurrence of such injury. Indeed, the post-IP market conditions tend to confirm that the situation of the domestic industry is deteriorating due to the significant increase of subsidised imports at low prices.

               4.   PROCEDURE

                     (22)

                     Therefore, the Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration in accordance with Article 24(5) of the basic Regulation.

                     (23)

                     All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

               5.   REGISTRATION

                     (24)

                     Pursuant to Article 24(5) of the basic Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

                     (25)

                     Any future liability would emanate from the findings of the anti-subsidy investigation.

                     (26)

                     At this stage of the investigation is not yet possible to estimate the amount of subsidisation in the PRC and Indonesia. The complaint does not provide for an accurate estimation of the amount of subsidisation, which should normally be used as the basis to establish the countervailing duties. The complaint only contains an estimation of the injury elimination level of 29,1 % for the PRC and 39,8 % for Indonesia. In accordance with Article 15(1), fourth paragraph, of the basic Regulation, this estimated amount of liability would only be relevant in case a duty based on the amount of countervailable subsidies would be higher and the Commission clearly concludes that it is not in the Union’s interest to impose this higher duty.

               6.   PROCESSING OF PERSONAL DATA

                     (27)

                     Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (6),

               HAS ADOPTED THIS REGULATION:

            Article 1
            The customs authorities are hereby directed, pursuant to Article 24(5) of Regulation (EU) 2016/1037, to take the appropriate steps to register imports into the Union of flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled and excluding products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm, currently falling under HS codes 7219 11, 7219 12, 7219 13, 7219 14, 7219 22, 7219 23, 7219 24, 7220 11 and 7220 12 and originating in the People’s Republic of China and Indonesia.
            Registration shall expire nine months following the date of entry into force of this Regulation.
            All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 21 days from the date of publication of 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, 23 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 176, 30.6.2016, p. 55.

            (2)  Notice of initiation of an anti-subsidy proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China and Indonesia (2019/C 342/09) (OJ C 342, 10.10.2019, p. 18).

            (3)  Notice of initiation of an anti-dumping proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China, Taiwan and Indonesia (2019/C 269 I/01) (OJ C 269 I, 12.8.2019, p. 1).

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

            (5)  October 2019-November 2019.

            (6)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


title: Commission Implementing Regulation (EU) 2020/106 of 23 January 2020 concerning the authorisation of sodium formate as a feed additive for all animal species (Text with EEA relevance)

text:
                  24.1.2020

                  EN

                  Official Journal of the European Union

                  L 19/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/106
         of 23 January 2020
         concerning the authorisation of sodium formate as a feed additive for all animal species
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     The application concerns the authorisation of sodium formate as a feed additive for all animal species to be classified in the category ‘technological additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinions of 30 April 2015 (2) and 26 February 2019 (3) that, under the proposed conditions of use, the sodium formate does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the substance is mildly irritating to eyes and a skin sensitiser. In addition, given that the exposure to sodium formate via inhalation is considered to present a risk to unprotected workers handling the additive, it is prudent to consider it as a respiratory irritant. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards to users of the additive. The Authority also concluded that sodium formate liquid has the potential to be efficacious as hygiene condition enhancer in feedingstuffs. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

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

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Authorisation
            The substance specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional group ‘hygiene condition enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

            Article 2
            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, 23 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  EFSA Journal 2015; 13(5):4113.

            (3)  EFSA Journal 2019; 17(3):5645.

            ANNEX

                        Identification number of the additive

                        Additive

                        Chemical formula, description, methods of analysis

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

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

                           Technological additives: hygiene condition enhancers

                        1k237

                        Sodium formate

                           Additive composition

                        Liquid form
                        ≥ 15 % sodium formate
                        ≤ 75 % formic acid
                        ≤ 25 % water

                        All animal species except pigs

                        —

                        —

                        10 000
                        (formic acid equivalent)

                                    1.

                                    In the directions for use of the additive and premixture, the storage conditions shall be indicated.

                                    2.

                                    The mixture of different sources of formic acid shall not exceed the permitted maximum content in complete feedingstuffs.

                                    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, safety glasses and gloves.

                        13 February 2030

                           Characterisation of the active substance

                        Sodium formate ≥ 15 % (liquid form) Formic acid ≤ 75 %
                        Produced by chemical synthesis

                        Pigs

                        —

                        —

                        12 000
                        (formic acid equivalent)

                           Analytical method
                            (1)

                        Determination of sodium in feed additives: EN ISO 6869: atomic absorption spectrometry (AAS) or EN 15510: inductively coupled plasma atomic emission spectrometry, (ICP-AES).
                        Determination of total formate in feed additives: EN 15909 reverse phase HPLC with UV detection (RP-HPLC-UV).
                        Determination of total formate in premixtures and feedingstuffs: Ion-exclusion high performance liquid chromatography with UV or with refractive index detection (HPLC-UV/RI) or Ion chromatography method equipped with electrical conductivity detection (IC-ECD).

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


title: Commission Implementing Regulation (EU) 2020/103 of 17 January 2020 amending Implementing Regulation (EU) No 844/2012 as regards the harmonised classification of active substances (Text with EEA relevance)

text:
                  24.1.2020

                  EN

                  Official Journal of the European Union

                  L 19/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/103
         of 17 January 2020
         amending Implementing Regulation (EU) No 844/2012 as regards the harmonised classification of active substances
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 19 and Article 78(2) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) No 844/2012 (2) sets out the provisions necessary for the implementation of the renewal procedure for active substances under Regulation (EC) No 1107/2009.

                     (2)

                     In accordance with Article 36(2) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3), active substances within the meaning of Regulation (EC) No 1107/2009 are normally to be subject to harmonised classification and labelling. It is therefore appropriate to set detailed rules of procedure regarding the submission of proposals to the European Chemicals Agency (‘the Agency’) in accordance with Article 37(1) of Regulation (EC) No 1272/2008 by the rapporteur Member State during the renewal of approval of active substances pursuant to Article 14 of Regulation (EC) No 1107/2009.

                     (3)

                     Additional time in the framework of the procedure for renewal should be made available to the rapporteur Member State for preparing the draft renewal assessment report and the dossier submitted to the Agency, and to the European Food Safety Authority (‘the Authority’) for preparing its conclusion. The period available to the applicants between the submission of the application for renewal and the submission of the supplementary dossiers should therefore be reduced by three months and that period of three months should be reallocated to the periods available to the rapporteur Member State and the Authority.

                     (4)

                     It is appropriate that, in general, the rapporteur Member State submits a dossier in accordance with Article 37(1) of Regulation (EC) No 1272/2008 for at least those hazard classes that are relevant to identify whether an active substance can be considered as a low-risk active substance according to Article 22 of Regulation (EC) No 1107/2009 in conjunction with point 5.1.1 of Annex II to that Regulation, which also include the hazard classes relevant for the cut-off criteria set in points 3.6.2 to 3.6.4 and 3.7 of Annex II to Regulation (EC) No 1107/2009. The rapporteur Member State should duly justify why no harmonised classification and labelling is warranted for hazard classes for which it considers that the criteria for harmonised classification and labelling set by Regulation (EC) No 1272/2008 are not fulfilled.

                     (5)

                     However, where a proposal has already been submitted to the Agency and its assessment is ongoing, the rapporteur Member State should limit the proposal to any of those hazard classes that are not covered by the pending proposal, unless it considers that new information is available that was not part of the pending dossier.

                     (6)

                     Moreover, for those of the hazard classes listed in point 5.1.1 of Annex II to Regulation (EC) No 1107/2009, which are already covered by an existing opinion of the Committee for Risk Assessment of the Agency, it is sufficient that the rapporteur Member State duly justifies that the existing opinion of the Committee for Risk Assessment remains valid. The Agency may provide its views regarding the rapporteur Member State’s submission.

                     (7)

                     Indicative timelines should be defined to ensure that the opinion of the Committee for Risk Assessment of the Agency is available to the Authority prior to the adoption of its conclusion under Article 13 of Regulation (EU) No 844/2012.

                     (8)

                     A transitional period should be provided for so that applicants can take account of the reduced period for dossier preparation between the application for renewal and the submission of the supplementary dossiers. Procedures for which supplementary dossiers have already been submitted should not be affected.

                     (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
            Regulation (EU) No 844/2012 is amended as follows:

                        (1)

                        in Article 6, paragraph 3 is replaced by the following:

                           ‘3.   The supplementary dossiers shall be submitted no later than 33 months before the expiry of the approval.’;

                        (2)

                        in Article 7(1), point (j) is replaced by the following:

                                    ‘(j)

                                    a proposal for classification where it is considered that the substance has to be classified or reclassified in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*1);

                           (*1)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1.).’;"

                        (3)

                        Article 11 is amended as follows:

                                    (a)

                                    in paragraph 1, ‘12 months’ is replaced by ‘13 months’;

                                    (b)

                                    in paragraph 2, point (e) is replaced by the following:

                                                ‘(e)

                                                a suggestion for the classification, or its confirmation, where applicable, or reclassification of the active substance in accordance with the criteria of Regulation (EC) No 1272/2008, as specified in and consistent with the dossier to be submitted pursuant to paragraph 9;’;

                                    (c)

                                    in paragraph 5, second sentence, ‘12 months’ is replaced by ‘13 months’;

                                    (d)

                                    in paragraph 6, second sentence, ‘12 months’ is replaced by ‘13 months’;

                                    (e)

                                    the following paragraph 9 is added:

                                       ‘9.   The rapporteur Member State shall at the latest at the time of submission of the draft renewal assessment report submit a proposal to the European Chemicals Agency (‘the Agency’) pursuant to Article 37(1) of Regulation (EC) No 1272/2008 and in accordance with the Agency’s requirements to obtain an opinion on a harmonised classification of the active substance at least for the following hazard classes:

                                                   —

                                                   explosives,

                                                   —

                                                   acute toxicity,

                                                   —

                                                   skin corrosion/irritation,

                                                   —

                                                   serious eye damage/eye irritation,

                                                   —

                                                   respiratory or skin sensitisation,

                                                   —

                                                   germ cell mutagenicity,

                                                   —

                                                   carcinogenicity,

                                                   —

                                                   reproductive toxicity,

                                                   —

                                                   specific target organ toxicity – single exposure,

                                                   —

                                                   specific target organ toxicity – repeated exposure;

                                                   —

                                                   hazardous to the aquatic environment.

                                             The rapporteur Member State shall duly justify its view that the criteria for classification for one or more of these hazard classes are not fulfilled.
                                       Where a proposal for classification of an active substance has already been submitted to the Agency and its assessment is ongoing, the rapporteur Member State shall submit an additional proposal for classification, limited to any hazard classes listed above that are not covered by the pending proposal unless new information has become available that was not part of the pending dossier as regards the hazard classes listed above.
                                       For the hazard classes, which are already covered by an existing opinion of the Committee for Risk Assessment of the Agency set up pursuant to Article 76(1)(c) of Regulation (EC) No 1907/2006, whether or not this opinion has formed the basis of a decision concerning an entry for harmonised classification and labelling of a substance in Annex VI of Regulation (EC) No 1272/2008, it is sufficient that the rapporteur Member State duly justifies in its submission to the Agency that the existing opinion, or where it has already formed the basis of a decision concerning the inclusion in Annex VI, the existing classification remains valid as regards the hazard classes listed in the first subparagraph. The Agency may provide its views regarding the rapporteur Member State’s submission.’;

                        (4)

                        the following Article 11b is inserted after Article 11a:

                           ‘Article 11b
                           The Committee for Risk Assessment shall endeavour to adopt the opinion referred to in Article 37(4) of Regulation (EC) No 1272/2008 within 13 months from the submission referred to in Article 11(9).’;

                        (5)

                        in Article 12, paragraph 1 is replaced by the following:

                           ‘1.   The Authority shall examine whether the draft renewal assessment report received from the rapporteur Member State contains all the relevant information in the agreed format and circulate it to the applicant and to the other Member States at the latest three months after its receipt.’

                        (6)

                        in Article 13(1), the first sentence is replaced by the following:
                        ‘Within five months from the expiry of the period referred to in Article 12(3), or within two weeks from the adoption of the opinion of the Committee for Risk Assessment referred to in Article 37(4) of Regulation (EC) No 1272/2008, if any adopted, whichever occurs later, the Authority shall adopt a conclusion in the light of current scientific and technical knowledge using guidance documents applicable at the date of the submission of the supplementary dossiers and in the light of the opinion of the Committee for Risk Assessment on whether the active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.’;

                        (7)

                        in Article 14(1), the second subparagraph is replaced by the following:
                        ‘The renewal report and the draft Regulation shall take into account the draft renewal assessment report of the rapporteur Member State, the comments referred to in Article 12(3) of this Regulation and the conclusion of the Authority, where such a conclusion has been submitted, and the opinion of the Committee for Risk Assessment, if any, referred to in Article 37(4) of Regulation (EC) No 1272/2008.’

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply to renewal procedures of those active substances for which the approval period expires on or after 13 May 2023.
            It shall, however, not apply to renewal procedures of such active substances for which supplementary dossiers have already been submitted before the date of adoption of this Regulation.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            (3)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).


title: Commission Implementing Regulation (EU) 2020/126 of 29 January 2020 fixing the maximum amount of aid for private storage of olive oil within the tendering procedure opened by Implementing Regulation (EU) 2019/1882

text:
                  30.1.2020

                  EN

                  Official Journal of the European Union

                  L 24/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/126
         of 29 January 2020
         fixing the maximum amount of aid for private storage of olive oil within the tendering procedure opened by Implementing Regulation (EU) 2019/1882
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (1), and in particular point (a) of the first subparagraph of Article 4(2) thereof,
         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 (2), and in particular Article 18(2) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2019/1882 (3) opened a tendering procedure for private storage of olive oil.

                     (2)

                     On the basis of the tenders received during the submission sub-period ending on 27 January 2020, the maximum global quantity to be stored, the estimated costs of the storage and other relevant market information, it is appropriate to fix the maximum amount of aid for the storage of 150 521,66 tonnes of olive oil for a period of 180 days in order to alleviate the difficult market situation.

                     (3)

                     In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

                     (4)

                     The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the tenders submitted within the tendering procedure opened by Implementing Regulation (EU) 2019/1882 during the sub-period ending on 27 January 2020, the maximum amount of aid for private storage of olive oil shall be:

                        (a)

                        EUR 0,88 per tonne per day of extra virgin olive oil;

                        (b)

                        EUR 0,88 per tonne per day of virgin olive oil;

                        (c)

                        EUR 0,88 per tonne per day of lampante olive oil.

            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, 29 January 2020.

                  For the Commission,

                  On behalf of the President,

               María Ángeles BENÍTEZ SALAS

                  Acting Director-General

                  Directorate-General for Agriculture and Rural Development

            (1)  OJ L 346, 20.12.2013, p. 12.

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

            (3)  Commission Implementing Regulation (EU) 2019/1882 of 8 November 2019 (OJ L 290, 11.11.2019, p. 12).


title: Commission Implementing Regulation (EU) 2020/125 of 29 January 2020 amending Implementing Regulation (EU) No 945/2014 laying down implementing technical standards with regard to relevant appropriately diversified indices in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

text:
                  30.1.2020

                  EN

                  Official Journal of the European Union

                  L 24/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/125
         of 29 January 2020
         amending Implementing Regulation (EU) No 945/2014 laying down implementing technical standards with regard to relevant appropriately diversified indices in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1) and in particular the third subparagraph of Article 344(1) thereof,
         Whereas:

                     (1)

                     In order to ensure that the stock indices listed in the Annex to Commission Implementing Regulation (EU) No 945/2014 (2) continue to meet the conditions for their specific risk to be ignored, the relevant indices have been reassessed in light of the latest available data, which is that relative to the year 2018. In light of that reassessment, it is necessary to update the list of relevant appropriately diversified indices.

                     (2)

                     This Regulation is based on the draft implementing technical standards submitted by the European Banking Authority to the Commission.

                     (3)

                     The necessary amendments to Implementing Regulation (EU) No 945/2014 do not arise as a result of significant changes to the assessment methodology applied. The European Banking Authority has not conducted an open public consultation or a cost-benefit analysis considering that such a consultation or analysis would be disproportionate in relation to the scope and impact of the draft implementing technical standards concerned.

                     (4)

                     Implementing Regulation (EU) No 945/2014 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) No 945/2014 is replaced by the text in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 29 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 176, 27.6.2013, p. 1.

            (2)  Commission Implementing Regulation (EU) No 945/2014 of 4 September 2014 laying down implementing technical standards with regard to relevant appropriately diversified indices according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 265, 5.9.2014, p. 3).

            ANNEX

                     ‘ANNEX

                        Stock indices meeting the requirements of Article 344 of Regulation (EU) No 575/2013

                                    Index

                                    Country\Area

                                 1. STOXX Asia/Pacific 600

                                 Asia/Pacific

                                 2. ASX100

                                 Australia

                                 3. ASX200

                                 Australia

                                 4. S&P All Ords

                                 Australia

                                 5. ATX

                                 Austria

                                 6. ATX Prime

                                 Austria

                                 7. BEL20

                                 Belgium

                                 8. SaoPaulo – Bovespa

                                 Brazil

                                 9. TSX60

                                 Canada

                                 10. CETOP20 Index

                                 Central Europe

                                 11. CSI 100 Index

                                 China

                                 12. CSI 300 Index

                                 China

                                 13. FTSE China A50 Index

                                 China

                                 14. Hang Seng Mainland 100 China

                                 China

                                 15. PX Global Prague

                                 Czech Republic

                                 16. OMX Copenhagen 20 CAP

                                 Denmark

                                 17. OMX Copenhagen 25

                                 Denmark

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               ’


title: Commission Implementing Regulation (EU) 2020/133 of 30 January 2020 derogating from Commission Implementing Regulation (EU) 2016/1150 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector

text:
                  31.1.2020

                  EN

                  Official Journal of the European Union

                  L 27/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/133
         of 30 January 2020
         derogating from Commission Implementing Regulation (EU) 2016/1150 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 54(a) thereof,
         Whereas:

                     (1)

                     On 2 October 2019, the World Trade Organization (WTO) issued the arbitration decision in European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/ARB. The arbitration decision entitled the United States of America (USA) to request an authorisation to impose countermeasures at a level not exceeding USD 7,5 billion annually in response to Union subsidies to Airbus. On 18 October 2019, the USA imposed a 25 % ad valorem import duty on, among others, still wines exported to the USA by Germany, Spain, France and the United Kingdom. This exceptional, inequitable and unpredictable situation is having a severe and detrimental impact on the global trade of all Union wines. The USA have further threatened to apply 100 % ad valorem import duties on French sparkling wines in response to the French Digital Services Tax (GAFA tax).

                     (2)

                     The import duties imposed by the USA are having a direct and severe impact on the Union wine trade on the USA market, which is the Union’s largest export market for agricultural products, and for wine in particular, both in terms of value and volume of exports. In 2018, Union wine exports to the USA totalled 6,5 million hectolitres, accounting for EUR 4 billion. Union wine exports to the USA typically represent between 30 % and 40 % of the global Union wine export value.

                     (3)

                     The increased import duties imposed by the USA are having a damaging effect on all Union wine, not only on still wines originating from the four Member States that are subject to the increased import duties. The reputation and trade of all Union wine present in the USA market is adversely impacted as a result. The reputation of a wine is determined not only by its quality but also by its price and the perceived price-quality ratio. This is particularly the case for the lower to middle range priced wines, which, in absolute terms, are impacted more by a 25 % import duty than more expensive wines that are purchased by connoisseurs for whom a price increase does not operate as a deterrent. Union wines compete in the USA market with wines from other origins such as South America, Australia or South Africa. In the light of such fierce and intense competition, perception of overall price levels plays a significant role. Where the consumer is aware that the price of wine from certain origins within the Union is subject to an increased import duty this will have a negative impact on the overall perception of the price level of Union wines and thus divert consumer demand to products of other origins. In the light of the identified resulting market conditions and decrease in overall returns to producers, immediate measures to address the effects of the import duties are therefore warranted covering all wines originating in all Member States and not only in those directly targeted by the import duties.

                     (4)

                     From a market stability perspective, the import duty regime imposed by the USA does not represent an isolated national measure with effects limited to trade with the USA. The world wine market is a global market on which single measures taken by important economic players such as the USA have far-reaching repercussions affecting the international trade in wine as a whole. Any negative change in the conditions in a major destination market for Union wines, such as the USA, inevitably affects other markets since the products that cannot be sold in the USA, having become too expensive, need to be diverted elsewhere. Consequently, consumers in those other markets, being well aware of the market conditions, will exert additional pressure on prices and competition will also be much fiercer than normal. The current import duties imposed by the USA are therefore likely to cause stagnation in Union wine exports worldwide. Reports from the wine sector have shown that significant orders of French wines on the USA market have already been cancelled.

                     (5)

                     The Union wine market has been subject to aggravating conditions throughout 2019 and wine stocks are at their highest level since 2009. This development is due primarily to a combination of the record harvest in 2018 and decreasing wine consumption in the Union. If the wines affected by the import duties imposed by the USA are not sold in the export markets outside the Union, this will only serve to amplify the urgency and seriousness of the situation in the Union market. Furthermore, the urgency of the situation is aggravated by the timing of the application of the import duty tariffs. The tariffs are applicable from 18 October 2019, which falls right in the middle of the 2019 wine harvest and production campaign and just before the end of year festive season; two of the most important sale periods of the year for the Union wine sector. Against this background, it is therefore necessary to take immediate measures to address the situation.

                     (6)

                     Among the support measures in the wine sector set out in Article 43 of Regulation (EU) No 1308/2013, only the promotion measure under Article 45(1)(b) of that Regulation is directly targeted on promoting Union wines in third countries in order to improve their competitiveness. Over the years, the promotion measure has proved remarkably effective to conquer and consolidate markets in third countries. It proved to be the most effective tool to support Union wines on third country markets by enhancing their reputation and raising awareness on their quality. The international wine market is a global market and any promotion operation for Union wine on third country markets is beneficial to all Union wines. It opens opportunities for those who will subsequently enter the market in question with other Union wines. The individual promotions have a ‘multiplier’ effect on sales as they cover whole ranges of wines or entire wine-making regions and not just one individual brand or type of wine. It is therefore essential to continue, launch and intensify promotion activities in all markets in order to find outlets for the wines that will not be sold on the USA market and to preserve the reputation of Union wines in those other markets as well as to counter pressure on prices.

                     (7)

                     Therefore, to help operators respond to the current exceptional circumstances in export markets all over the world following the import duty regime imposed by the USA and address this unpredictable and precarious situation, it is appropriate to allow further flexibility in the implementation of the promotion measure under Article 45(1)(b) of Regulation (EU) No 1308/2013 by derogating from certain provisions set out in Commission Implementing Regulation (EU) 2016/1150 (2).

                     (8)

                     Article 2(1) of Implementing Regulation (EU) 2016/1150 provides that changes in respect of applicable support programmes, as referred to in Article 41(5) of Regulation (EU) No 1308/2013, shall not be submitted more than twice per financial year. In order to enable Member States to quickly adapt their national support programmes and ensure legal certainty for the implementation of those modifications, it is appropriate to allow that such changes may be submitted more than twice per financial year. Member States should be able to react quickly to these exceptional circumstances and submit changes to the promotion measure as early as is considered necessary. Such flexibility would allow Member States to optimise the measures already in place, increase the number of calls and make adjustments more frequently taking account of the market situation. Furthermore, it would make it possible also for Member States who have not included the promotion measure in their national support programme to do so immediately upon entry into force of this Regulation rather than having to wait for the next deadline for amendments. With this improved flexibility for the promotion measure, more opportunities would be offered to operators including newcomers, to submit applications for support for promotion. This is intended to provide relief to the wine sector and ensure the flexibility necessary to find new outlets on international markets other than the USA.

                     (9)

                     Therefore, it is necessary to derogate from Article 2(1) of Implementing Regulation (EU) 2016/1150.

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Categories of products covered
            This Regulation shall apply to the promotion of wine within the meaning of points (1) to (9), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013.

            Article 2
            Changes to support programmes
            By way of derogation from Article 2(1) of Implementing Regulation (EU) 2016/1150, Member States may introduce, whenever necessary during a given financial year, changes to their national support programmes in the wine sector as regards the promotion measure referred to in Article 45(1)(b) of Regulation (EU) No 1308/2013.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 30 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Regulation (EU) 2016/1150 of 15 April 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector (OJ L 190, 15.7.2016, p. 23).