title: Commission Implementing Regulation (EU) No 323/2014 of 28 March 2014 amending Annexes I and II to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin  Text with EEA relevance

text:
               29.3.2014

               EN

               Official Journal of the European Union

               L 95/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 323/2014
   of 28 March 2014
   amending Annexes I and II to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               In particular, for consignments of betel leaves originating from India and Thailand, enzymes originating from India, groundnuts and derived products originating from Sudan and vine leaves originating from Turkey the relevant sources of information indicate the emergence of new risks warranting the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

               (5)

               In addition, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entry in the list concerning dried noodles from China should therefore be deleted.

               (6)

               The Commission was also advised by the Member States of the need to specify that the entries for imports of herbs from Morocco, Thailand and Viet Nam, okra from Viet Nam and peppers from Thailand and Viet Nam also cover chilled commodities. In the interests of clarity of Union legislation, it is also necessary to make a precision in the list regarding the entries for imports of oranges and strawberries from Egypt and peas and beans from Kenya.

               (7)

               Moreover, modifications are needed in Annex II to Regulation (EC) No 669/2009, in particular in order to reflect the provisions on onward transportation set out in Article 8 of that Regulation in the common entry document. Further technical modifications are also needed to the Notes for Guidance for the common entry document.

               (8)

               In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Regulation (EC) No 669/2009.

               (9)

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

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annexes I and II to Regulation (EC) No 669/2009 are replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 April 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 March 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

      ANNEX
      ‘
            ANNEX I

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

                        Feed and food
                        (intended use)

                        CN code (1)

                        TARIC sub-division

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks (%)

                        Dried grapes (vine fruit)

                           (Food)

                        0806 20

                        Afghanistan (AF)

                        Ochratoxin A

                        50

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                    —

                                    2008 11 91;
                                    2008 11 96;
                                    2008 11 98

                        Strawberries (frozen)

                           (Food)

                        0811 10

                        China (CN)

                        Norovirus and hepatitis A

                        5

                           Brassica oleracea

                        (other edible Brassica, “Chinese Broccoli”) (2)

                           (Food - fresh or chilled)

                        ex 0704 90 90

                        40

                        China (CN)

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

                        20

                        Pomelos

                           (Food - fresh)

                        ex 0805 40 00

                        31; 39

                        China (CN)

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

                        20

                        Tea, whether or not flavoured

                           (Food)

                        0902

                        China (CN)

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

                        10

                                    —

                                    Aubergines

                                    —

                                    0709 30 00;
                                    ex 0710 80 95

                        72

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (6)

                        10

                                    —

                                    Bitter melon (Momordica charantia)

                                       (Food - fresh, chilled or frozen vegetables)

                                    —

                                    ex 0709 99 90;
                                    ex 0710 80 95

                        70
                        70

                                    —

                                    Yardlong beans

                                       (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00;
                                    ex 0710 22 00

                        10
                        10

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (6)

                        20

                                    —

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

                                    —

                                    0709 60 10;
                                    ex 0709 60 99

                        20

                           (Food - fresh, chilled or frozen vegetables)

                                    —

                                    0710 80 51;
                                    ex 0710 80 59

                        20

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20;
                                    0805 10 80

                        Egypt (EG)

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

                        10

                                    —

                                    Strawberries (fresh)

                                       (Food)

                                    —

                                 0810 10 00

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

                        0709 60 10;
                        ex 0709 60 99;

                        20

                        Egypt (EG)

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

                        10

                           (Food - fresh, chilled or frozen)

                        0710 80 51;
                        ex 0710 80 59

                        20

                        Betel leaves (Piper betle L.)

                           (Food)

                        ex 1404 90 00

                        10

                        India (IN)

                        Salmonella (9)

                        10

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        10

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                        10

                                    —

                                    Dried fruit of the genus Capsicum, whole, other than sweet peppers (Capsicum annuum)

                                    —

                                 0904 21 90

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                       (Food - dried spices)

                                    —

                                    0908 11 00;
                                    0908 12 00

                        Enzymes;prepared enzymes

                           (Feed and food)

                        3507

                        India (IN)

                        Chloramphenicol

                        50

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                       (Food - dried spices)

                                    —

                                    0908 11 00;
                                    0908 12 00

                        Indonesia (ID)

                        Aflatoxins

                        20

                                    —

                                    Peas with pods (unshelled)

                                    —

                                 ex 0708 10 00

                        40

                        Kenya (KE)

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

                        10

                                    —

                                    Beans with pods (unshelled)

                                       (Food - fresh or chilled)

                                    —

                                 ex 0708 20 00

                        40

                        Mint

                           (Food - fresh or chilled herb)

                        ex 1211 90 86

                        30

                        Morocco (MA)

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

                        10

                        Dried beans

                           (Food)

                        0713 39 00

                        Nigeria (NG)

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

                        50

                        Watermelon (Egusi, Citrullus lanatus) seeds and derived products

                           (Food)

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

                        10
                        30
                        50

                        Sierra Leone (SL)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Sudan (SD)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                    —

                                    2008 11 91;
                                    2008 11 96;
                                    2008 11 98

                        Peppers (other than sweet)(Capsicum spp.)

                           (Food – fresh or chilled)

                        ex 0709 60 99

                        20

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (13)

                        10

                        Betel leaves (Piper betle L.)

                           (Food)

                        ex 1404 90 00

                        10

                        Thailand (TH)

                        Salmonella (9)

                        10

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Thailand (TH)

                        Salmonella (9)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                        20

                                    —

                                    Mint

                                       (Food - fresh or chilled herbs)

                                    —

                                 ex 1211 90 86

                        30

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        10

                                    —

                                    Basil (holy, sweet)

                                       (Food - fresh or chilled herbs)

                                    —

                                 ex 1211 90 86

                        20

                                    —

                                    Yardlong beans

                                       (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00;
                                    ex 0710 22 00

                        10
                        10

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

                        20

                                    —

                                    Aubergines

                                       (Food - fresh, chilled or frozen vegetables)

                                    —

                                    0709 30 00;
                                    ex 0710 80 95

                        72

                                    —

                                    Sweet Peppers (Capsicum annuum)

                                       (Food - fresh, chilled or frozen vegetables)

                                    —

                                    0709 60 10;
                                    0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (15)

                        10

                        Vine leaves

                           (Food)

                        ex 2008 99 99

                        11; 19

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (16)

                        10

                        Dried grapes (vine fruit)

                           (Food)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        72

                        Viet Nam (VN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (17)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                        20

                                    —

                                    Mint

                                    —

                                 ex 1211 90 86

                        30

                                    —

                                    Parsley

                                       (Food - fresh or chilled herbs)

                                    —

                                 ex 0709 99 90

                        40

                                    —

                                    Okra

                                    —

                                 ex 0709 99 90

                        20

                        Viet Nam (VN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (17)

                        20

                                    —

                                    Peppers (other than sweet) (Capsicum spp.)

                                       (Food - fresh or chilled)

                                    —

                                 ex 0709 60 99

                        20

            ANNEX II

               COMMON ENTRY DOCUMENT (CED)

               Notes for guidance for the CED

                        General:

                        Complete the common entry document in capital letters. Notes are shown against the relevant box number.

               Part I   This Part is to be completed by the feed and food business operator or their representative, unless otherwise indicated.

                        Box I.1.

                        Consignor: name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an e-mail address is recommended.

                        Box I.2.

                        Information related to the CED reference number shall be provided by the competent authority of the designated point of entry (DPE). The feed and food business operator shall indicate the designated point of entry to which the consignment shall arrive.

                        Box I.3.

                        Consignee: name and full address of the natural or legal person (feed and food business operator) to whom the consignment is destined. Information on telephone and fax numbers or an e-mail address is recommended.

                        Box I.4.

                        The person responsible for the consignment: the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended.

                        Box I.5.

                        Country of origin: this refers to the third country where the commodity is originating from, grown, harvested or produced.

                        Box I.6.

                        Country from where consigned: this refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.

                        Box I.7.

                        Importer: name and full address. Information on telephone and fax numbers or an e-mail address is recommended.

                        Box I.8.

                        Place of destination: delivery address in the Union. Information on telephone and fax numbers or an e-mail address is recommended.

                        Box I.9.

                        Arrival at DPE: insert the estimated date on which the consignment is expected to arrive at the DPE.

                        Box I.10.

                        Documents: insert the date of issue and the number of official documents accompanying the consignment, as appropriate.

                        Box I.11.

                        Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number.
                        Documentary references: number of airway bill, bill of lading or commercial number for railway or road vehicle.

                        Box I.12.

                        Description of the commodity: provide a detailed description of the commodity (including for feed the type of feed).

                        Box I.13.

                        Commodity code: use the code identifying the commodity as listed in Annex I (including the TARIC sub-division, if applicable).

                        Box I.14.

                        Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.
                        Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

                        Box I.15.

                        Number of packages.

                        Box I.16.

                        Temperature: tick the appropriate mode of transport/storage temperature.

                        Box I.17.

                        Type of packages: identify the type of packaging of products.

                        Box I.18.

                        Commodity intended for: tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick “human consumption”) or is intended for human consumption after such treatment (tick “further process” in this case), or is intended for use as “feedingstuff” (in this case tick “feedingstuffs”).

                        Box I.19.

                        Give all seal and container identification numbers where relevant.

                        Box I.20.

                        Transfer to a control point: During the transitional period provided for in Article 19(1), the DPE shall tick this box to allow transfer to another control point.

                        Box I.21.

                        Not applicable.

                        Box I.22.

                        For import: this box is to be ticked where the consignment is intended for importation into the Union (Article 8).

                        Box I.23.

                        Not applicable.

                        Box I.24.

                        Tick the appropriate means of transport.

               Part II   This Part is to be completed by the competent authority.

                        Box II.1.

                        Use the same reference number as in Box I.2.

                        Box II.2.

                        For use by customs services, if necessary.

                        Box II.3.

                        Documentary check: to be completed for all consignments.

                        Box II.4.

                        The competent authority of the DPE shall indicate whether the consignment is selected for physical checks, which during the transitional period provided for in Article 19(1) may be carried out at a different control point.

                        Box II.5.

                        The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out.
                        The competent authority of the DPE shall also indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.11 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.12 shall be filled in once the results of laboratory tests are available.

                        Box II.6.

                        Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the documentary checks. The address of the establishment of destination in case of “Re-dispatching”, “Destruction”, “Transformation” and “Use for other purpose” must be entered in Box II.7.

                        Box II.7.

                        Give as appropriate approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example for Box II.6, “Re- dispatching”, “Destruction”, “Transformation” or “Use for other purpose”.

                        Box II.8.

                        Put the official stamp of the competent authority of the DPE here.

                        Box II.9.

                        Signature of the responsible official of the competent authority of the DPE.

                        Box II.10.

                        Not applicable.

                        Box II.11.

                        The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks here.

                        Box II.12.

                        The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks here.

                        Box II.13.

                        The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out.

                        Box II.14.

                        This box is to be used for all consignments to be released for free circulation within the Union.

                        Box II.15.

                        Not applicable.

                        Box II.16.

                        Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the identity or physical checks. The address of the establishment of destination in case of “Re-dispatching”, “Destruction”, “Transformation” and “Use for other purpose” must be entered in Box II.18.

                        Box II.17.

                        Reasons for refusal: use, as appropriate, to add relevant information. Tick the appropriate box.

                        Box II.18.

                        Give, as appropriate, the approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example, for Box II.16, “Re-dispatching”, “Destruction”, “Transformation” or “Use for other purpose”.

                        Box II.19.

                        Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.

                        Box II.20.

                        Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

                        Box II.21.

                        Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

               Part III   This Part is to be completed by the competent authority.

                        Box III.1.

                        Details on re-dispatching: the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatching, as soon as they are known.

                        Box III.2.

                        Follow-up: indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of “Destruction”, “Transformation” or “Use for other purpose” of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box.

                        Box III.3.

                        Signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point, in case of “Re-dispatching”. Signature of the responsible official for the local competent authority in case of “Destruction”, “Transformation” or “Use for other purpose”.

                  ’

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked “ex”.

         (2)  Species of Brassica oleracea L. convar. Botrytis (L) Alef var.Italica Plenck, cultivar alboglabra. Also known as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

         (3)  In particular residues of: Chlorfenapyr, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Acetamiprid, Dimethomorph and Propiconazole.

         (4)  In particular residues of: Triazophos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Phenthoate, Methidathion.

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

         (6)  In particular residues of: Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorfenapyr, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Diafenthiuron, Diazinon, Dichlorvos, Dicofol (sum of p, p' and o,p' isomers), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Fenamidone, Imidacloprid, Malathion (sum of malathion and malaoxon expressed as malathion), Methamidophos, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Oxamyl, Profenofos, Propiconazole, Thiabendazole, Thiacloprid.

         (7)  In particular residues of: Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) Cyprodinil, Diazinon, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Cyproconazole, Dicofol (sum of p, p' and o,p' isomers), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

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

         (10)  In particular residues of: Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Chlorpyrifos, Acephate, Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Diafenthiuron, Indoxacarb as sum of the isomers S and R.

         (11)  In particular residues of: Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Hexaconazole, Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Flutriafol, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Flubendiamide, Myclobutanyl, Malathion (sum of malathion and malaoxon expressed as malathion).

         (12)  In particular residues of Dichlorvos.

         (13)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Triazophos, Malathion (sum of malathion and malaoxon expressed as malathion), Profenofos, Prothiofos, Ethion, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Triforine, Procymidone, Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride).

         (14)  In particular residues of: Acephate, Carbaryl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Chlorpyrifos-methyl, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Malathion (sum of malathion and malaoxon expressed as malathion), Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)), Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Profenofos, Prothiofos, Quinalphos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Triazophos, Dicrotophos, EPN, Triforine.

         (15)  In particular residues of: Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Clofentezine, Diafenthiuron, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride), Malathion (sum of malathion and malaoxon expressed as malathion), Procymidone, Tetradifon, Thiophanate-methyl.

         (16)  In particular residues of: Azoxystrobin, Boscalid, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Kresoxim-methyl, Lambda-cyhalothrin, Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)), Methoxyfenozide, Metrafenone, Myclobutanil, Penconazole, Pyraclostrobin, Pyrimethanil, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Trifloxystrobin.

         (17)  In particular residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorpyrifos, Profenofos, Permethrin (sum of isomers), Hexaconazole, Difenoconazole, Propiconazole, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Propargite, Flusilazole, Phenthoate, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Quinalphos, Pencycuron, Methidathion, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Fenbuconazole.


title: Commission Implementing Regulation (EU) No 605/2012 of 4 July 2012 prohibiting fishing activities for traps registered in Spain, fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea

text:
               7.7.2012

               EN

               Official Journal of the European Union

               L 177/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 605/2012
   of 4 July 2012
   prohibiting fishing activities for traps registered in Spain, fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules on the common fisheries policy, (1) and in particular Article 36, paragraph 2 thereof,
   Whereas:

               (1)

               Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements fixes the amount of bluefin tuna which may be fished in 2012 in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea.

               (2)

               Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (2), requires Member States for vessels less than 24 m and for traps to inform the Commission of the quota allocated to producer organisations or groups of vessels fishing with similar gear.

               (3)

               The Common Fisheries Policy is designed to ensure the long-term viability of the fisheries sector through sustainable exploitation of living aquatic resources based on the precautionary approach.

               (4)

               In accordance with Article 36, paragraph 2 of Council Regulation (EC) No 1224/2009, where the Commission finds that, on the basis of information provided by Member States and of other information in its possession, fishing opportunities available to the European Union, a Member State or group of Member States are deemed to have been exhausted for one or more gears or fleets, the Commission shall inform the Member States concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.

               (5)

               The information in the Commission's possession indicates that the fishing opportunities for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea allocated to traps registered in Spain is deemed to have been exhausted on 20 June. The Commission has informed Spain thereof.

               (6)

               On the 7, 14 and the 21 June, Spain informed the Commission of the fact that it had imposed a stop on the fishing activities of its four traps active in the 2012 bluefin tuna fishery, with effect from 8 June for two of the traps and with effect from 14 June for one trap and with effect from 21 June for the remaining trap, resulting in the prohibition of all the activities as from 21 June 2012 at 14:00.

               (7)

               Without prejudice to the actions by Spain mentioned above, it is necessary that the Commission confirms the prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W and the Mediterranean Sea as from 21 June by traps registered in Spain.

         HAS ADOPTED THIS REGULATION:
   Article 1
   Fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by traps registered in Spain shall be prohibited as from 21 June 2012 at 14:00 at the latest.
   It shall also be prohibited to retain on board, place in cages for fattening or farming, tranship, transfer or land such stock caught by those traps as from that date.
   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, 4 July 2012.

            For the Commission, On behalf of the President,

         László ANDOR

            Member of the Commission

      (1)  OJ L 343, 22.12.2009, p.1

      (2)  OJ L 96, 15.4.2009, p. 1.


title: Commission Implementing Regulation (EU) No 662/2011 of 8 July 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               9.7.2011

               EN

               Official Journal of the European Union

               L 181/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 662/2011
   of 8 July 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   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,
   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 hereto.
   Article 2
   This Regulation shall enter into force on 9 July 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 July 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  EC

                  20,9

                  MK

                  26,7

                  TR

                  53,0

                  US

                  26,0

                  ZZ

                  31,7

                  0707 00 05

                  TR

                  98,5

                  ZZ

                  98,5

                  0709 90 70

                  AR

                  27,2

                  EC

                  26,5

                  TR

                  110,5

                  ZZ

                  54,7

                  0805 50 10

                  AR

                  71,3

                  BR

                  42,9

                  TR

                  73,2

                  UY

                  67,1

                  ZA

                  67,6

                  ZZ

                  64,4

                  0808 10 80

                  AR

                  150,8

                  BR

                  83,1

                  CA

                  105,7

                  CL

                  96,5

                  CN

                  111,0

                  EC

                  60,7

                  NZ

                  110,2

                  US

                  147,9

                  UY

                  50,2

                  ZA

                  96,4

                  ZZ

                  101,3

                  0808 20 50

                  AR

                  100,9

                  AU

                  75,6

                  CL

                  112,4

                  CN

                  81,6

                  NZ

                  137,5

                  ZA

                  99,3

                  ZZ

                  101,2

                  0809 10 00

                  TR

                  258,2

                  XS

                  101,8

                  ZZ

                  180,0

                  0809 20 95

                  CL

                  298,8

                  SY

                  253,3

                  TR

                  284,4

                  ZZ

                  278,8

                  0809 40 05

                  BA

                  70,7

                  ZZ

                  70,7

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


title: Commission Implementing Regulation (EU) 2015/59 of 15 January 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.1.2015

               EN

               Official Journal of the European Union

               L 10/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/59
   of 15 January 2015
   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, 15 January 2015.

            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

                  AL

                  62,0

                  EG

                  232,2

                  IL

                  127,8

                  MA

                  106,4

                  TN

                  130,5

                  TR

                  139,9

                  ZZ

                  133,1

                  0707 00 05

                  EG

                  241,9

                  MA

                  66,8

                  TR

                  168,4

                  ZZ

                  159,0

                  0709 91 00

                  EG

                  119,3

                  ZZ

                  119,3

                  0709 93 10

                  EG

                  191,6

                  MA

                  228,1

                  TR

                  172,2

                  ZZ

                  197,3

                  0805 10 20

                  EG

                  47,6

                  MA

                  57,8

                  TR

                  63,8

                  ZA

                  97,5

                  ZZ

                  66,7

                  0805 20 10

                  IL

                  146,7

                  MA

                  84,9

                  ZZ

                  115,8

                  0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

                  IL

                  100,7

                  JM

                  118,8

                  KR

                  153,2

                  MA

                  82,2

                  TR

                  103,3

                  ZZ

                  111,6

                  0805 50 10

                  TR

                  69,2

                  ZZ

                  69,2

                  0808 10 80

                  BR

                  65,3

                  CL

                  89,9

                  US

                  151,5

                  ZZ

                  102,2

                  0808 30 90

                  CN

                  92,1

                  TR

                  108,4

                  US

                  138,7

                  ZZ

                  113,1

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


title: Commission Implementing Regulation (EU) No 441/2014 of 30 April 2014 amending Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky (Text with EEA relevance)

text:
               1.5.2014

               EN

               Official Journal of the European Union

               L 130/37

         COMMISSION IMPLEMENTING REGULATION (EU) No 441/2014
   of 30 April 2014
   amending Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky
   (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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (1), and in particular Article 3(5) thereof,
   Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 29/2009 (3) lays down requirements for the coordinated introduction of data link services based on air-ground point-to-point data communications.

               (2)

               Part B of Annex I to Regulation (EC) No 29/2009 defines the airspace above FL285 in which that Regulation applies from 5 February 2015.

               (3)

               Croatia joined the European Union on 1 July 2013. The Croatian airspace should therefore be duly added to the airspace in which Regulation (EC) No 29/2009 applies.

               (4)

               A transition period of one year, compared to the date of application of 5 February 2015 that applies for the other Member States covered under Part B of Annex I to Regulation (EC) No 29/2009, should however be provided for Croatia, through a deferred application of this Regulation, to enable regulated parties, such as operators and air traffic service (ATS) providers, to prepare for the application of the new rules.

               (5)

               Regulation (EC) No 29/2009 should therefore be amended accordingly.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Part B of Annex I to Regulation (EC) No 29/2009, a new line ‘— Zagreb FIR,’ is inserted after the line ‘— Warszawa FIR,’.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 5 February 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 April 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 96, 31.3.2004, p. 26.

      (2)  OJ L 96, 31.3.2004, p. 1.

      (3)  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3.)


title: Council Implementing Regulation (EU) No 295/2013 of 21 March 2013 amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate originating, inter alia, in Taiwan following a ‘new exporter’ review pursuant to Article 11(4) of Regulation (EC) No 1225/2009

text:
               28.3.2013

               EN

               Official Journal of the European Union

               L 90/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 295/2013
   of 21 March 2013
   amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate originating, inter alia, in Taiwan following a ‘new exporter’ review pursuant to Article 11(4) of Regulation (EC) No 1225/2009
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 11(4) thereof,
   Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
   Whereas:
   A.   MEASURES IN FORCE

               (1)

               Regulation (EC) No 2604/2000 (2) imposed a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand pursuant to Article 5 of the basic Regulation.

               (2)

               Following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 192/2007 (3), decided that the abovementioned measures should be maintained.

               (3)

               By notice, published in the Official Journal of the European Union on 24 February 2012 (4), the European Commission (‘the Commission’) initiated another expiry review of the relevant measures pursuant to Article 11(2) of the basic Regulation. That investigation is ongoing in parallel and will be concluded in a separate legal act.

         B.   CURRENT PROCEDURE

   1.   Request for a review

               (4)

               The Commission has received a request to initiate a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was lodged by Lealea Enterprise Co., Ltd (‘the applicant’), an exporting producer in Taiwan (‘the country concerned’).

               (5)

               The applicant claimed that it did not export the product concerned to the Union during the period of investigation, i.e. the period from 1 October 1998 to 30 September 1999 (‘the original investigation period’).

               (6)

               Furthermore, the applicant claimed that it was not related to any of the exporting producers of the product concerned which are subject to the abovementioned anti-dumping measures.

               (7)

               The applicant further claimed that it had begun exporting the product concerned to the Union after the end of the original investigation period.

         2.   Initiation of a new exporter review

               (8)

               The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Union industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EU) No 653/2012 (5), a review of Regulation (EC) No 192/2007 with regard to the applicant.

               (9)

               Pursuant to Regulation (EU) No 653/2012, the anti-dumping duty of certain polyethylene terephthalate imposed by Regulation (EC) No 192/2007 was repealed with regard to imports of the product concerned produced and sold for export to the Union by the applicant. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register such imports.

         3.   Product concerned

               (10)

               The product concerned is polyethylene terephthalate (‘PET’) having a viscosity number of 78 ml/g or higher, according to International Organisation for Standardisation standard 1628-5, originating in Taiwan, currently falling within CN code 3907 60 20 (‘the product concerned’).

         4.   Parties concerned

               (11)

               The Commission officially advised the Union industry, the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard.

               (12)

               The Commission sent an anti-dumping questionnaire to the applicant and its related companies and received a reply within the deadline set for that purpose.

               (13)

               The Commission sought to verify all the information it deemed necessary for the determination of the new exporter status and dumping and verification visits were carried out at the premises of the applicant in Taiwan.

         5.   Review investigation period

               (14)

               The review investigation period of dumping covered the period from 1 January 2011 to 30 June 2012 (‘the review investigation period’ or ‘the RIP’).

         C.   RESULTS OF THE INVESTIGATION

   1.   ‘New exporter’ qualification

               (15)

               The investigation confirmed that the company had not exported the product concerned during the original investigation period and that it had started to export it to the Union after that period.

               (16)

               While quantities exported were limited, they were nevertheless found sufficient to establish a reliable dumping margin. They followed a pattern, in terms of shipment size and turnover per client, which was comparable to the behaviour of the applicant on third-country markets.

               (17)

               As concerns the other conditions for the recognition of a new exporter status, the company was able to demonstrate that it did not have any links, direct or indirect, with any of the Taiwanese exporting producers subject to the anti-dumping measures in force with regard to the product concerned.

               (18)

               Accordingly, it is confirmed that the company should be considered a ‘new exporter’ in accordance with Article 11(4) of the basic Regulation and thus an individual margin should be determined for it.

         2.   Dumping

               (19)

               The applicant produces the product concerned and sells it domestically and on export markets. The applicant sells directly to all markets.

               (20)

               In accordance with Article 2(2) of the basic Regulation, domestic sales were considered representative when the total domestic sales volume was at least 5 % of the total export sales volume to the Union. The Commission established that the applicant exported a single product type to the Union and that the same product type was sold domestically by the applicant in overall representative volumes.

               (21)

               The Commission also examined whether the sales of the product concerned sold domestically in representative quantities could be regarded as having been made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. That was done by establishing the proportion of profitable domestic sales to independent customers. As there were sufficient sales in the ordinary course of trade, normal value was based on the actual domestic price.

               (22)

               The product concerned was exported directly to independent customers in the Union. Therefore, the export price was established in accordance with Article 2(8) of the basic Regulation, i.e. on the basis of export prices actually paid or payable.

               (23)

               The normal value and the export prices were compared on an ex-works basis.

               (24)

               For the purpose of ensuring a fair comparison between normal value and export price, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation. Adjustments for insurance, handling, loading and ancillary expenses and credit costs were granted in all cases where they were found to be reasonable, accurate and supported by verified evidence.

               (25)

               In accordance with Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all exports transactions to the Union. As there were a limited number of exports to the Union, the individual export prices to the Union were also compared to the weighted average normal value of the months in which each export occurred.

               (26)

               In both cases, those comparisons showed the existence of a de minimis dumping for the applicant that exported to the Union in the RIP.

         D.   AMENDMENT OF MEASURES BEING REVIEWED

               (27)

               The dumping margin with regard to the applicant, established for the RIP, was at de minimis level. It is therefore proposed that a duty of 0 EUR/tonne which is based on the de minimis dumping margin be imposed and that Regulation (EC) No 192/2007 be amended accordingly.

         E.   REGISTRATION

               (28)

               In the light of these findings, the registration of imports imposed by Regulation (EU) No 653/2012 should cease without any retroactive levying of the anti-dumping duties.

         F.   DISCLOSURE AND DURATION OF THE MEASURES

               (29)

               The parties concerned were informed of the essential facts and considerations on the basis of which it was intended to impose an anti-dumping duty of 0 EUR/tonne on imports of the product concerned from the applicant and to amend Regulation (EC) No 192/2007 accordingly. Their comments were considered and taken into account, where appropriate.

               (30)

               This review does not affect the date on which the measures imposed by Regulation (EC) No 192/2007 will expire pursuant to Article 11(2) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   In Article 1(2) of Regulation (EC) No 192/2007, the following shall be inserted into the table under producers in Taiwan:

                  Country

                  Company

                  Anti-dumping duty (EUR/tonne)

                  TARIC additional code

                  ‘Taiwan

                  Lealea Enterprise Co., Ltd

                  0

                  A996’

   2.   The customs authorities are hereby directed to cease the registration of imports of the product concerned originating in Taiwan produced by Lealea Enterprise Co., Ltd.
   3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 March 2013.

            For the Council

            The President

         P. HOGAN

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

      (2)  OJ L 301, 30.11.2000, p. 21.

      (3)  OL L 59, 27.2.2007, p. 59.

      (4)  OJ C 55, 24.2.2012, p. 4.

      (5)  OJ L 188, 18.7.2012, p. 8.