title: Commission Implementing Regulation (EU) 2016/115 of 28 January 2016 withdrawing the acceptance of the undertaking for one exporting producer under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

text:
               29.1.2016

               EN

               Official Journal of the European Union

               L 23/47

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/115
   of 28 January 2016
   withdrawing the acceptance of the undertaking for one exporting producer under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
   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 anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

               (2)

               A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the product concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, including Changzhou Trina Solar Energy Co. Ltd, Trina Solar (Changzhou) Science & Technology Co. Ltd, Changzhou Youze Technology Co. Ltd, Trina Solar Energy (Shanghai) Co. Ltd and Yancheng Trina Solar Energy Technology Co. Ltd together with their related companies in the European Union, jointly covered by the TARIC additional code: B791 (‘Trina Solar’).

               (6)

               By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the group of the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the product concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation under Article 11(2) of the basic anti-dumping Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (13) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation under Article 18 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (14) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review under Article 11(3) of the basic anti-dumping Regulation and Article 19 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

         B.   TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWAL BY TRINA SOLAR

               (13)

               As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.

               (14)

               Trina Solar notified the Commission in December 2015 that it wished to withdraw its undertaking.

         C.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

               (15)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Trina Solar shall be withdrawn.

               (16)

               Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Trina Solar (TARIC additional code: B791) as of the day of entry into force of this Regulation.

               (17)

               For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to Changzhou Trina Solar Energy Co. Ltd, Trina Solar (Changzhou) Science & Technology Co. Ltd, Changzhou Youze Technology Co. Ltd, Trina Solar Energy (Shanghai) Co. Ltd and Yancheng Trina Solar Energy Technology Co. Ltd together with their related companies in the European Union, jointly covered by the TARIC additional code: B791 is hereby withdrawn.
   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, 28 January 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 188, 18.7.2009, p. 93.

      (3)  OJ L 152, 5.6.2013, p. 5.

      (4)  OJ L 209, 3.8.2013, p. 26.

      (5)  OJ L 209, 3.8.2013, p. 1.

      (6)  OJ L 325, 5.12.2013, p. 1.

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

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

      (9)  OJ L 270, 11.9.2014, p. 6.

      (10)  OJ L 139, 5.6.2015, p. 30.

      (11)  OJ L 218, 19.8.2015, p. 1.

      (12)  OJ L 295, 12.11.2015, p. 23.

      (13)  OJ C 405, 5.12.2015, p. 8.

      (14)  OJ C 405, 5.12.2015, p. 20.

      (15)  OJ C 405, 5.12.2015, p. 33.

      ANNEX
      List of companies:

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Alternative Energy (AE) Solar Co. Ltd

                  B799

                  Anhui Chaoqun Power Co. Ltd

                  B800

                  Anji DaSol Solar Energy Science & Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Anhui Titan PV Co. Ltd

                  B803

                  Xi'an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG'O SOLAR EQUIPMENT

                  B804

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Shangyou Lianyi Electronic Co. Ltd

                  B807

                  CHINALAND SOLAR ENERGY CO. LTD

                  B808

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
                  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

                  B812

                  CNPV Dongying Solar Power Co. Ltd

                  B813

                  CSG PVtech Co. Ltd

                  B814

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Delsolar (Wujiang) Ltd

                  B792

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  EOPLLY New Energy Technology Co. Ltd
                  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
                  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

                  B817

                  Era Solar Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Konca Solar Cell Co. Ltd
                  Suzhou GCL Photovoltaic Technology Co. Ltd
                  Jiangsu GCL Silicon Material Technology Development Co. Ltd
                  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
                  GCL-Poly (Suzhou) Energy Limited
                  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
                  GCL SOLAR POWER (SUZHOU) LIMITED

                  B850

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun New Material Co. Ltd

                  B824

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD

                  B828

                  Himin Clean Energy Holdings Co. Ltd

                  B829

                  Jetion Solar (China) Co. Ltd
                  Junfeng Solar (Jiangsu) Co. Ltd
                  Jetion Solar (Jiangyin) Co. Ltd

                  B830

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd
                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Seraphim Solar System Co. Ltd

                  B836

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi Risun Solar Energy Co. Ltd

                  B841

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Hareon Power Co. Ltd
                  Hareon Solar Technology Co. Ltd
                  Taicang Hareon Solar Co. Ltd
                  Hefei Hareon Solar Technology Co. Ltd
                  Jiangyin Xinhui Solar Energy Co. Ltd
                  Altusvia Energy (Taicang) Co. Ltd

                  B842

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  JingAo Solar Co. Ltd
                  Shanghai JA Solar Technology Co. Ltd
                  JA Solar Technology Yangzhou Co. Ltd
                  Hefei JA Solar Technology Co. Ltd
                  Shanghai JA Solar PV Technology Co. Ltd

                  B794

                  Jinko Solar Co. Ltd
                  Jinko Solar Import and Export Co. Ltd
                  ZHEJIANG JINKO SOLAR CO. LTD
                  ZHEJIANG JINKO SOLAR TRADING CO. LTD

                  B845

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  King-PV Technology Co. Ltd

                  B848

                  Kinve Solar Power Co. Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD

                  B852

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Huashun Solar Energy Technology Co. Ltd

                  B856

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo Osda Solar Co. Ltd

                  B859

                  Ningbo Qixin Solar Electrical Appliance Co. Ltd

                  B860

                  Ningbo South New Energy Technology Co. Ltd

                  B861

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science & Technology Co. Ltd

                  B863

                  Perfectenergy (Shanghai) Co. Ltd

                  B864

                  Perlight Solar Co. Ltd

                  B865

                  Phono Solar Technology Co. Ltd
                  Sumec Hardware & Tools Co. Ltd

                  B866

                  RISEN ENERGY CO. LTD

                  B868

                  SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD

                  B869

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai BYD Co. Ltd
                  BYD(Shangluo)Industrial Co. Ltd

                  B871

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd
                  Shanghai Chaori International Trading Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  SHANGHAI SOLAR ENERGY S&T CO. LTD
                  Shanghai Shenzhou New Energy Development Co. Ltd
                  Lianyungang Shenzhou New Energy Co. Ltd

                  B875

                  Shanghai ST Solar Co. Ltd
                  Jiangsu ST Solar Co. Ltd

                  B876

                  Shenzhen Sacred Industry Co.Ltd

                  B878

                  Shenzhen Topray Solar Co. Ltd
                  Shanxi Topray Solar Co. Ltd
                  Leshan Topray Cell Co. Ltd

                  B880

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD
                  NINGBO SUN EARTH SOLAR POWER CO. LTD
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  TDG Holding Co. Ltd

                  B884

                  Tianwei New Energy Holdings Co. Ltd
                  Tianwei New Energy (Chengdu) PV Module Co. Ltd
                  Tianwei New Energy (Yangzhou) Co. Ltd

                  B885

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Shanghai Topsolar Green Energy Co. Ltd

                  B877

                  Shenzhen Sungold Solar Co. Ltd

                  B879

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Saijing Solar Co. Ltd

                  B890

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Suntech Power Co. Ltd
                  Suntech Power Co. Ltd
                  Wuxi Sunshine Power Co. Ltd
                  Luoyang Suntech Power Co. Ltd
                  Zhenjiang Rietech New Energy Science Technology Co. Ltd
                  Zhenjiang Ren De New Energy Science Technology Co. Ltd

                  B796

                  Wuxi Taichang Electronic Co. Ltd
                  Wuxi Machinery & Equipment Import & Export Co. Ltd
                  Wuxi Taichen Machinery & Equipment Co. Ltd

                  B893

                  Xi'an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation
                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Xi'an LONGi Silicon Materials Corp.
                  Wuxi LONGi Silicon Materials Co. Ltd

                  B897

                  Years Solar Co. Ltd

                  B898

                  Yingli Energy (China) Co. Ltd
                  Baoding Tianwei Yingli New Energy Resources Co. Ltd
                  Hainan Yingli New Energy Resources Co. Ltd
                  Hengshui Yingli New Energy Resources Co. Ltd
                  Tianjin Yingli New Energy Resources Co. Ltd
                  Lixian Yingli New Energy Resources Co. Ltd
                  Baoding Jiasheng Photovoltaic Technology Co. Ltd
                  Beijing Tianneng Yingli New Energy Resources Co. Ltd
                  Yingli Energy (Beijing) Co. Ltd

                  B797

                  Yuhuan BLD Solar Technology Co. Ltd
                  Zhejiang BLD Solar Technology Co. Ltd

                  B899

                  Yuhuan Sinosola Science & Technology Co.Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Heda Solar Technology Co. Ltd

                  B905

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Koly Energy Co. Ltd

                  B908

                  Zhejiang Mega Solar Energy Co. Ltd
                  Zhejiang Fortune Photovoltaic Co. Ltd

                  B910

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Shinew Photoelectronic Technology Co. Ltd

                  B912

                  Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

                  B914

                  Zhejiang Sunrupu New Energy Co. Ltd

                  B915

                  Zhejiang Tianming Solar Technology Co. Ltd

                  B916

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Wanxiang Solar Co. Ltd
                  WANXIANG IMPORT & EXPORT Co. LTD

                  B918

                  Zhejiang Xiongtai Photovoltaic Technology Co. Ltd

                  B919

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920

                  Zhongli Talesun Solar Co. Ltd

                  B922


title: Commission Implementing Regulation (EU) 2017/555 of 24 March 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of several active substances listed in Part B of the Annex to Implementing Regulation (EU) No 686/2012 (AIR IV renewal programme) (Text with EEA relevance. )

text:
               25.3.2017

               EN

               Official Journal of the European Union

               L 80/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/555
   of 24 March 2017
   amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of several active substances listed in Part B of the Annex to Implementing Regulation (EU) No 686/2012 (AIR IV renewal programme)
   (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 the first paragraph of Article 17 and Article 78(2) thereof,
   Whereas:

               (1)

               Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

               (2)

               Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (3). However, the approval of those substances may expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article 17 of Regulation (EC) No 1107/2009.

               (3)

               In view of the time and resources necessary for completing the assessment of applications for the renewal of approvals of the large number of active substances the approvals of which are expiring between 2019 and 2021, Commission Implementing Decision C/2016/6104 (4) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

               (4)

               The presumed low-risk substances should be prioritised in accordance with Implementing Decision C/2016/6104. The approval of those substances should therefore be extended by a period as short as possible. Taking into account the distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making, that period should be of 1 year for the active substances paraffin oil/(CAS 64742-46-7), paraffin oil/(CAS 72623-86-0), paraffin oil/(CAS 8042-47-5), paraffin oil/(CAS 97862-82-3) and sulphur.

               (5)

               For active substances which do not fall in the prioritised categories in Implementing Decision C/2016/6104, the approval period should be extended by either 2 or 3 years, taking into account the present date of expiry, the fact that according to Article 6(3) of Implementing Regulation (EU) No 844/2012 the supplementary dossier for an active substance shall be submitted no later than 30 months before expiry of the approval, the need to ensure a balanced distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs, and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval periods for 2-phenylphenol (including its salts such as the sodium salt), chlormequat, dimethachlor, etofenprox, penconazole, propaquizafop, tetraconazole, tri-allate, and zeta-cypermethrin by 2 years, and to extend the approval periods of active substances bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad by 3 years.

               (6)

               The Commission received an application for the renewal of the approval of the active substance quizalofop-P (variant quizalofop-p-ethyl) and a separate application for the renewal of the approval of the active substance quizalofop-P (variant quizalofop-p-tefuryl). Given this fact and due to the different risk profiles of quizalofop-p-ethyl and quizalofop-p-tefuryl, it is appropriate to consider them as two different active substances for the purpose of the renewal procedure. The variant quizalofop-p-ethyl does not fall in the prioritised categories in Implementing Decision C/2016/6104. Therefore, and taking into account the reasons given in recital 5, it is appropriate to extend its approval period by 2 years.

               (7)

               In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

               (8)

               In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

               (9)

               Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

               (10)

               Taking into account that the approvals of some of the substances expire on 31 October 2019, and that applicants should submit supplementary dossiers 30 months before the expiry of the approval, this Regulation should enter into force as soon as possible.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Implementing Regulation (EU) No 540/2011 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, 24 March 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 153, 11.6.2011, p. 1.

      (3)  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 of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

      (4)  Commission Implementing Decision of 28 September 2016 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2019, 2020 and 2021 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council (OJ C 357, 29.9.2016, p. 9).

      ANNEX
      Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                  (1)

                  in the sixth column, expiration of approval, of row 271, Bensulfuron, the date is replaced by ‘31 October 2022’;

                  (2)

                  in the sixth column, expiration of approval, of row 272, Sodium 5-nitroguaiacolate, the date is replaced by ‘31 October 2022’;

                  (3)

                  in the sixth column, expiration of approval, of row 273, Sodium o-nitrophenolate, the date is replaced by ‘31 October 2022’;

                  (4)

                  in the sixth column, expiration of approval, of row 274, Sodium p-nitrophenolate, the date is replaced by ‘31 October 2022’;

                  (5)

                  in the sixth column, expiration of approval, of row 275, Tebufenpyrad, the date is replaced by ‘31 October 2022’;

                  (6)

                  in the sixth column, expiration of approval, of row 276, Chlormequat, the date is replaced by ‘30 November 2021’;

                  (7)

                  in the sixth column, expiration of approval, of row 278, Propaquizafop, the date is replaced by ‘30 November 2021’;

                  (8)

                  in the sixth column, expiration of approval, of row 281, zeta-Cypermethrin, the date is replaced by ‘30 November 2021’;

                  (9)

                  in the sixth column, expiration of approval, of row 284, Dimethachlor, the date is replaced by ‘31 December 2021’;

                  (10)

                  in the sixth column, expiration of approval, of row 285, Etofenprox, the date is replaced by ‘31 December 2021’;

                  (11)

                  in the sixth column, expiration of approval, of row 287, Penconazole, the date is replaced by ‘31 December 2021’;

                  (12)

                  in the sixth column, expiration of approval, of row 288, Tri-allate, the date is replaced by ‘31 December 2021’;

                  (13)

                  in the sixth column, expiration of approval, of row 292, Sulphur, the date is replaced by ‘31 December 2020’;

                  (14)

                  in the sixth column, expiration of approval, of row 293, Tetraconazole, the date is replaced by ‘31 December 2021’;

                  (15)

                  in the sixth column, expiration of approval, of row 294, Paraffin oils, the date is replaced by ‘31 December 2020’;

                  (16)

                  in the sixth column, expiration of approval, of row 295, Paraffin oil, the date is replaced by ‘31 December 2020’;

                  (17)

                  in the sixth column, expiration of approval, of row 299, 2-phenylphenol (including its salts such as the sodium salt), the date is replaced by ‘31 December 2021’;

                  (18)

                  entry 279 is replaced by the following:

                              ‘279

                              Quizalofop-P

                              Quizalofop-P-tefuryl
                              CAS No 119738-06-6
                              CIPAC No 641.226

                              (RS)-Tetrahydrofurfuryl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate

                              ≥ 795 g/kg

                              1 December 2009

                              30 November 2019

                              PART A
                              Only uses as herbicide may be authorised.
                              PART B
                              For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on quizalofop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.
                              In this overall assessment Member States must pay particular attention to:

                                          —

                                          the specification of the technical material as commercially manufactured which must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

                                          —

                                          the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

                                          —

                                          the protection of non-target plants and ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate.

                                    Conditions of authorisation shall include risk mitigation measures, where appropriate.
                              The Member States concerned shall ensure that the notifier submits to the Commission further information on the risk to non-target arthropods.
                              They shall ensure that the notifier provides such information to the Commission by 30 November 2011.’

                              Quizalofop-P-ethyl
                              CAS No 100646-51-3
                              CIPAC No 641.202

                              ethyl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate

                              ≥ 950 g/kg

                              1 December 2009

                              30 November 2021


title: Commission Implementing Regulation (EU) 2016/1382 of 16 August 2016 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

text:
               17.8.2016

               EN

               Official Journal of the European Union

               L 222/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1382
   of 16 August 2016
   withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (3), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

               (2)

               A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013 (6), the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013 (7), the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (8) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

                           (a)

                           Delsolar (Wujiang) Ltd together with its related company in the Union, jointly covered by the TARIC additional code: B792 (‘Delsolar’);

                           (b)

                           CNPV Dongying Solar Power Co. Ltd covered by the TARIC additional code: B813 (‘CNPV’);

                           (c)

                           MOTECH (Suzhou) RENEWABLE ENERGY CO. LTD covered by the TARIC additional code: B852 (‘MOTECH’);

                           (d)

                           Xi'an LONGi Silicon Materials Corp. and Wuxi LONGi Silicon Materials Co. Ltd, jointly covered by the TARIC additional code: B897 (‘Xi'an LONGi’); and

                           (e)

                           LERRI Solar Technology (Zhejiang) Co. Ltd together with its related company in the Union, jointly covered by the TARIC additional code: B898 (‘LERRI Solar’).

               (6)

               By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation under Article 11(2) of the basic anti-dumping Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (13) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation under Article 18 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (14) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review under Article 11(3) of the basic anti-dumping Regulation and Article 19 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (15)

               By Implementing Regulation (EU) 2016/184 (18), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (16)

               By Implementing Regulation (EU) 2016/1045 (19) the Commission withdrew the acceptance of the undertaking for another exporting producer.

         B.   TERMS OF THE UNDERTAKING THAT ALLOW FOR WITHDRAWAL IN THE ABSENCE OF A BREACH

               (17)

               The undertaking stipulates that the Commission may withdraw the acceptance of the undertaking during its period of application, if monitoring and enforcement prove to be impracticable, including any change in circumstances.

               (18)

               In addition, any exporting producer may also voluntarily withdraw its undertaking at any time during its application.

         C.   GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING FOR DELSOLAR AND MOTECH

               (19)

               Both Delsolar and MOTECH have a related party in Taiwan that were granted exemption in the anti-circumvention investigations referred to in recitals 14 and 15.

               (20)

               The Commission analysed the implication of these exemptions on the practicability of the undertaking. The exemptions represent a change in circumstances compared to those at the time of accepting the undertaking. Their objective is to exempt imports into the Union of the products concerned which were manufactured by the related parties of Delsolar and MOTECH in Taiwan. Such imports fall outside the scope of the undertaking.

               (21)

               The Commission considers that this exemption for imports into the Union creates a high risk of cross-compensation. In fact, the related parties exempted in the anti-circumvention investigation may sell the product concerned to the same Union customers to whom the product covered is sold and the prices for such transactions could be set in a way to compensate for the Minimum Import Price under the undertaking. The Commission is not in a position to monitor the sales to the same Union customers under the undertaking and from Taiwan.

               (22)

               Therefore, the Commission concluded that the above exemptions render the monitoring of Delsolar's and MOTECH's undertaking impracticable.

         D.   VOLUNTARY WITHDRAWAL BY LERRI SOLAR, XI'AN LONGi AND CNPV

               (23)

               LERRI Solar notified the Commission in March 2016 that it wished to withdraw from the undertaking.

               (24)

               Xi'an LONGi and CNPV notified the Commission in May 2016 that they wished to withdraw from the undertaking as well.

         E.   WRITTEN SUBMISSIONS AND HEARINGS

               (25)

               Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation. Delsolar and MOTECH submitted comments.

         (i)   Delsolar

               (26)

               Delsolar contested that the exemption granted to its Taiwanese related party represents a change in circumstances. Delsolar notified the Commission on the merger with the Taiwanese company in the original investigations referred to in recital 4 which the Commission did not object. As the product concerned produced by Delsolar's Taiwanese related party has neither before nor after the anti-circumvention investigations been subject to the measures, the situation does not differ from the one that existed prior to the anti-circumvention investigations.

               (27)

               The Commission cannot accept this argument.

               (28)

               First of all, the Commission recalls that the market share of imports from third countries excluding the PRC into the Union was 6,8 % of the Union market during the investigation period. In particular, the market share of imports from Taiwan was 0,8 % (Table 12 of Regulation (EU) No 513/2013). It follows from those figures that the exports from the existing production facilities of companies producing in Taiwan and related to Chinese companies having offered the undertaking were marginal.

               (29)

               However, as a result of the granting of the exemptions under Article 13(4) of the basic anti-dumping Regulation and Article 23(6) of the basic anti-subsidy Regulation, it can be expected that Delsolar's Taiwanese related party will export significant volumes of modules and cells to the Union.

               (30)

               The decision to withdraw the acceptance of the undertaking is due to risk of cross-compensation that the Commission cannot monitor. The issue of whether goods produced in third country facilities are subject to measures is not relevant in the assessment of monitoring risks. The exemption concerns the imports of the product concerned manufactured by Delsolar's Taiwanese related party that are specifically destined to the Union market. Therefore, it creates a high risk of cross-compensation. The assessment of monitoring risks is also case specific and might evolve during the lifetime of the undertaking, as certain risks materialize, new risks emerge and the Commission can better assess the practical aspects of case-specific monitoring. Again, in this relation, it is irrelevant whether the imports prior to the anti-circumvention investigation were subject to the measures.

               (31)

               Delsolar also claimed that the mere exemption of its related Taiwanese party does not warrant the conclusion that the monitoring of Delsolar's undertaking becomes impracticable. In Delsolar's view, the increased risk of cross-compensation is purely hypothetical. As the undertaking prohibits sales to the same customers, any violation could lead to the withdrawal of Delsolar's undertaking. In this regard, Delsolar stated that it does not sell the product covered to the same customer to whom its Taiwanese related party sells the product concerned. The compliance can be verified by on-spot visits at the premises of Delsolar and its Taiwanese related party. In addition, Delsolar claimed that the Commission, in the anti-circumvention investigations referred to in recitals 14 and 15, considered its Taiwanese related party as a genuine producer not circumventing the measures. Hence, any allegation on the potential risk of cross-compensation is purely speculative.

               (32)

               The Commission rejects this argument. The anti-circumvention investigations referred to in recitals 14 and 15 established that Delsolar's Taiwanese related part did not engage in circumvention practices in the meaning of Article 13 of basic anti-dumping Regulation and Article 23 of the basic anti-subsidy Regulation. However, the scope of those investigations did not include considering the risks related to Delsolar's undertaking. Neither those findings imply that no circumvention of the undertaking in the meaning of price cross-compensation took place. On the contrary, the exemption granted to the Delsolar' Taiwanese related party increases significantly the circumvention risks related to Delsolar's undertaking. Such exemption implies specific intention to sell to the Union. Hence, it would require the Commission to monitor the sales both under the undertaking and from Taiwan. This renders the monitoring of Delsolar's undertaking impractical. The Commission also recalls in this regard that the monitoring of the undertaking has increasingly become more difficult during its implementation, in particular with regard to the circumvention practices found in Malaysia and Taiwan. The Commission is not in position to monitor the sales from Taiwan that fall outside the scope of the undertaking. In addition, the Commission recalls that it offered options to Delsolar to keep its undertaking practicable, which Delsolar refused to consider.

               (33)

               Finally, Delsolar submitted that its situation is comparable to any other company party to the undertaking that has related companies with production facilities in countries not subject to the measures. Hence, the mere existence of the relationship does not per se render the monitoring of the undertaking impracticable.

               (34)

               The Commission rejects this argument and recalls its reasoning set out in recitals 27 and 29.

         (ii)   MOTECH

               (35)

               Similarly to Delsolar, MOTECH argued that the relationship to its Taiwanese related party was known to the Commission during the original investigations referred to in recital 4. By accepting the undertaking from MOTECH, the Commission confirmed that no circumvention existed.

               (36)

               First of all, the Commission refers in that regard to the rejection of the similar arguments made by Delsolar.

               (37)

               Furthermore, the Commission also rejects this argument for the following reasons. At the time of the acceptance of the undertaking the Commission indeed conducts an overall analysis of monitoring risks. The acceptance per se does not imply that no circumvention exists. The Commission considers that the exemption granted to MOTECH's Taiwanese related party increases the risk of cross-compensation as referred to in recital 21. The Commission recalls in this regard that the monitoring of the undertaking has increasingly become more difficult during its implementation, in particular with regard to the circumvention practices found in Malaysia and Taiwan. The Commission is not in position to monitor the sales to the same Union customers under the undertaking and those from Taiwan.

               (38)

               MOTECH also submitted that by granting exemption to its Taiwanese related party, the Commission confirmed that no circumvention and cross-compensation exist in relation to MOTECH and its Taiwanese related party. The Commission could monitor the imports from MOTECH and its Taiwanese related party as both companies import into the Union under separate TARIC additional codes.

               (39)

               The Commission rejects this argument. The exemption granted in the anti-circumvention investigations referred to in recitals 14 and 15 confirms that MOTECH's Taiwanese related party was not found to be engaged in circumvention practices. However, this finding is irrelevant to the assessment on the practicability of the undertaking set out in recitals 21 and 22. The Commission analysed the implication of this exemption and concluded the risk of cross-compensation has increased. The Commission also took into account the experience gained during the monitoring of the undertaking when concluded that it is not in position to monitor the sales to the same Union customers under the undertaking and from Taiwan.

         F.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

               (40)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for Delsolar, CNPV, MOTECH, Xi'an LONGi and LERRI Solar together with their related companies in the Union shall be withdrawn.

               (41)

               Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Delsolar (TARIC additional code: B792), CNPV (TARIC additional code: B813), MOTECH (TARIC additional code: B852), Xi'an LONGi (TARIC additional code: B897) and LERRI Solar (TARIC additional code: B898) as of the day of entry into force of this Regulation.

               (42)

               For information purposes the table in the Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to

               (a)

               Delsolar (Wujiang) Ltd together with its related company in the Union, jointly covered by the TARIC additional code: B792;

               (b)

               CNPV Dongying Solar Power Co. Ltd covered by the TARIC additional code: B813;

               (c)

               MOTECH (Suzhou) RENEWABLE ENERGY CO. LTD covered by the TARIC additional code: B852;

               (d)

               Xi'an LONGi Silicon Materials Corp. and Wuxi LONGi Silicon Materials Co. Ltd, jointly covered by the TARIC additional code: B897; and

               (e)

               LERRI Solar Technology (Zhejiang) Co. Ltd together with its related company in the Union, jointly covered by the TARIC additional code: B898

         is hereby withdrawn.
   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, 16 August 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

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

      (3)  OJ L 152, 5.6.2013, p. 5.

      (4)  OJ L 209, 3.8.2013, p. 26.

      (5)  OJ L 209, 3.8.2013, p. 1.

      (6)  OJ L 325, 5.12.2013, p. 1.

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

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

      (9)  OJ L 270, 11.9.2014, p. 6.

      (10)  OJ L 139, 5.6.2015, p. 30.

      (11)  OJ L 218, 19.8.2015, p. 1.

      (12)  OJ L 295, 12.11.2015, p. 23.

      (13)  OJ C 405, 5.12.2015, p. 8.

      (14)  OJ C 405, 5.12.2015, p. 20.

      (15)  OJ C 405, 5.12.2015, p. 33.

      (16)  OJ L 23, 29.1.2016, p. 47.

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

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

      (19)  OJ L 170, 29.6.2016, p. 5.

      ANNEX
      List of companies:

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Alternative Energy (AE) Solar Co. Ltd

                  B799

                  Anhui Chaoqun Power Co. Ltd

                  B800

                  Anji DaSol Solar Energy Science & Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Anhui Titan PV Co. Ltd

                  B803

                  Xi'an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG'O SOLAR EQUIPMENT

                  B804

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Shangyou Lianyi Electronic Co. Ltd

                  B807

                  CHINALAND SOLAR ENERGY CO. LTD

                  B808

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
                  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

                  B812

                  CSG PVtech Co. Ltd

                  B814

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  EOPLLY New Energy Technology Co. Ltd
                  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
                  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

                  B817

                  Era Solar Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Konca Solar Cell Co. Ltd
                  Suzhou GCL Photovoltaic Technology Co. Ltd
                  Jiangsu GCL Silicon Material Technology Development Co. Ltd
                  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
                  GCL-Poly (Suzhou) Energy Limited
                  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
                  GCL SOLAR POWER (SUZHOU) LIMITED

                  B850

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun New Material Co. Ltd

                  B824

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD

                  B828

                  Himin Clean Energy Holdings Co. Ltd

                  B829

                  Jetion Solar (China) Co. Ltd
                  Junfeng Solar (Jiangsu) Co. Ltd
                  Jetion Solar (Jiangyin) Co. Ltd

                  B830

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd
                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Seraphim Solar System Co. Ltd

                  B836

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi Risun Solar Energy Co. Ltd

                  B841

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Hareon Power Co. Ltd
                  Hareon Solar Technology Co. Ltd
                  Taicang Hareon Solar Co. Ltd
                  Hefei Hareon Solar Technology Co. Ltd
                  Jiangyin Xinhui Solar Energy Co. Ltd
                  Altusvia Energy (Taicang) Co. Ltd

                  B842

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  JingAo Solar Co. Ltd
                  Shanghai JA Solar Technology Co. Ltd
                  JA Solar Technology Yangzhou Co. Ltd
                  Hefei JA Solar Technology Co. Ltd
                  Shanghai JA Solar PV Technology Co. Ltd

                  B794

                  Jinko Solar Co. Ltd
                  Jinko Solar Import and Export Co. Ltd
                  ZHEJIANG JINKO SOLAR CO. LTD
                  ZHEJIANG JINKO SOLAR TRADING CO. LTD

                  B845

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  King-PV Technology Co. Ltd

                  B848

                  Kinve Solar Power Co. Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Huashun Solar Energy Technology Co. Ltd

                  B856

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo Osda Solar Co. Ltd

                  B859

                  Ningbo Qixin Solar Electrical Appliance Co. Ltd

                  B860

                  Ningbo South New Energy Technology Co. Ltd

                  B861

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science & Technology Co. Ltd

                  B863

                  Perfectenergy (Shanghai) Co. Ltd

                  B864

                  Perlight Solar Co. Ltd

                  B865

                  Phono Solar Technology Co. Ltd
                  Sumec Hardware & Tools Co. Ltd

                  B866

                  RISEN ENERGY CO. LTD

                  B868

                  SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD

                  B869

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai BYD Co. Ltd
                  BYD(Shangluo)Industrial Co. Ltd

                  B871

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd
                  Shanghai Chaori International Trading Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  SHANGHAI SOLAR ENERGY S&T CO. LTD
                  Shanghai Shenzhou New Energy Development Co. Ltd
                  Lianyungang Shenzhou New Energy Co. Ltd

                  B875

                  Shanghai ST Solar Co. Ltd
                  Jiangsu ST Solar Co. Ltd

                  B876

                  Shenzhen Sacred Industry Co.Ltd

                  B878

                  Shenzhen Topray Solar Co. Ltd
                  Shanxi Topray Solar Co. Ltd
                  Leshan Topray Cell Co. Ltd

                  B880

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD
                  NINGBO SUN EARTH SOLAR POWER CO. LTD
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  TDG Holding Co. Ltd

                  B884

                  Tianwei New Energy Holdings Co. Ltd
                  Tianwei New Energy (Chengdu) PV Module Co. Ltd
                  Tianwei New Energy (Yangzhou) Co. Ltd

                  B885

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Shanghai Topsolar Green Energy Co. Ltd

                  B877

                  Shenzhen Sungold Solar Co. Ltd

                  B879

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Saijing Solar Co. Ltd

                  B890

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Suntech Power Co. Ltd
                  Suntech Power Co. Ltd
                  Wuxi Sunshine Power Co. Ltd
                  Luoyang Suntech Power Co. Ltd
                  Zhenjiang Rietech New Energy Science Technology Co. Ltd
                  Zhenjiang Ren De New Energy Science Technology Co. Ltd

                  B796

                  Wuxi Taichang Electronic Co. Ltd
                  Wuxi Machinery & Equipment Import & Export Co. Ltd
                  Wuxi Taichen Machinery & Equipment Co. Ltd

                  B893

                  Xi'an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation
                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Yingli Energy (China) Co. Ltd
                  Baoding Tianwei Yingli New Energy Resources Co. Ltd
                  Hainan Yingli New Energy Resources Co. Ltd
                  Hengshui Yingli New Energy Resources Co. Ltd
                  Tianjin Yingli New Energy Resources Co. Ltd
                  Lixian Yingli New Energy Resources Co. Ltd
                  Baoding Jiasheng Photovoltaic Technology Co. Ltd
                  Beijing Tianneng Yingli New Energy Resources Co. Ltd
                  Yingli Energy (Beijing) Co. Ltd

                  B797

                  Yuhuan BLD Solar Technology Co. Ltd
                  Zhejiang BLD Solar Technology Co. Ltd

                  B899

                  Yuhuan Sinosola Science & Technology Co.Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Heda Solar Technology Co. Ltd

                  B905

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Koly Energy Co. Ltd

                  B908

                  Zhejiang Mega Solar Energy Co. Ltd
                  Zhejiang Fortune Photovoltaic Co. Ltd

                  B910

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Shinew Photoelectronic Technology Co. Ltd

                  B912

                  Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

                  B914

                  Zhejiang Sunrupu New Energy Co. Ltd

                  B915

                  Zhejiang Tianming Solar Technology Co. Ltd

                  B916

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Wanxiang Solar Co. Ltd
                  WANXIANG IMPORT & EXPORT CO. LTD

                  B918

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920

                  Zhongli Talesun Solar Co. Ltd

                  B922


title: Council Implementing Regulation (EU) No 1320/2011 of 16 December 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

text:
               17.12.2011

               EN

               Official Journal of the European Union

               L 335/15

         COUNCIL IMPLEMENTING REGULATION (EU) No 1320/2011
   of 16 December 2011
   implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
   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 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus (1), and in particular Article 8a(1) thereof,
   Whereas:

               (1)

               On 18 May 2006, the Council adopted Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus.

               (2)

               In view of the gravity of the situation in Belarus, additional persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex IA to Regulation (EC) No 765/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The persons listed in Annex to this Regulation shall be added to the list set out in Annex IA to Regulation (EC) No 765/2006.
   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, 16 December 2011.

            For the Council

            The President

         T. NALEWAJK

      (1)  OJ L 134, 20.5.2006, p. 1.

      ANNEX

            Persons referred to in Article 1

                     Names
                     Transcription of Belarusian spelling
                     Transcription of Russian spelling

                     Names (Belarusian spelling)

                     Names (Russian spelling)

                     Place and date of birth

                     Position

                     ‘1.

                     Bandarenka Siarhei Uladzimiravich
                     Bondarenko Sergei Vladimirovich

                     Бандарэнка Сяргей Уладзiмiравiч

                     Бондаренко Сергей Владимирович

                     Address: Department of law of administration of Pervomaysky district Chornogo K. 5 office 417
                     Tel.: +375 17 2800264

                     Judge of the Pervomaiski District Court of Minsk. On 24 November 2011 he sentenced Ales Byalyatski, one of the most prominent human rights defenders, Chief of the Belarusian HR Centre "Vyasna", Vice President of FIDH. The trial was conducted in a way that was a clear violation of the Code of Penal Procedure.
                     Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

                     2.

                     Saikouski Uladzimir
                     Saikovski Vladimir

                     Сайкоўскi Уладзiмiр

                     Сайковский Владимир

                     Address: Department of law of administration of Pervomaysky district Chornogo K. 5 office 417
                     Tel.: +375 17 2800264

                     Public Prosecutor of the Pervomaiski District Court of Minsk. He dealt with the trial of Ales Byalyatski, one of the most prominent human rights defenders, Chief of the Belarusian HR Centre "Vyasna", Vice President of FIDH. The accusation presented by the prosecutor in the trial had a clear and imminent political motivation and was a clear violation of the Code of Penal Procedure.
                     Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.’


title: Commission Implementing Regulation (EU) 2016/1168 of 18 July 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.7.2016

               EN

               Official Journal of the European Union

               L 193/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1168
   of 18 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, 18 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

                  176,8

                  ZZ

                  176,8

                  0709 93 10

                  TR

                  136,8

                  ZZ

                  136,8

                  0805 50 10

                  AR

                  173,5

                  BO

                  223,6

                  CL

                  210,7

                  UY

                  201,7

                  ZA

                  175,8

                  ZZ

                  197,1

                  0808 10 80

                  AR

                  191,0

                  BR

                  90,8

                  CL

                  135,5

                  NZ

                  145,5

                  US

                  117,0

                  UY

                  72,1

                  ZA

                  115,9

                  ZZ

                  124,0

                  0808 30 90

                  AR

                  183,1

                  CL

                  125,1

                  NZ

                  155,4

                  ZA

                  127,8

                  ZZ

                  147,9

                  0809 10 00

                  TR

                  193,6

                  ZZ

                  193,6

                  0809 29 00

                  TR

                  280,5

                  ZZ

                  280,5

         (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’.