title: Commission Implementing Regulation (EU) No 960/2012 of 18 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.10.2012

               EN

               Official Journal of the European Union

               L 288/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 960/2012
   of 18 October 2012
   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:

               (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 October 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  67,8

                  MK

                  35,9

                  ZZ

                  51,9

                  0707 00 05

                  MK

                  38,5

                  TR

                  116,3

                  ZZ

                  77,4

                  0709 93 10

                  TR

                  116,7

                  ZZ

                  116,7

                  0805 50 10

                  AR

                  81,6

                  CL

                  108,8

                  TR

                  85,5

                  ZA

                  84,5

                  ZZ

                  90,1

                  0806 10 10

                  BR

                  269,0

                  MK

                  59,9

                  TR

                  147,1

                  ZZ

                  158,7

                  0808 10 80

                  AR

                  216,2

                  MK

                  29,8

                  NZ

                  127,3

                  US

                  143,5

                  ZA

                  93,4

                  ZZ

                  122,0

                  0808 30 90

                  CN

                  92,8

                  TR

                  115,3

                  ZZ

                  104,1

         (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: Council Implementing Regulation (EU) No 1251/2009 of 18 December 2009 amending Regulation (EC) No 1911/2006 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia, in Russia

text:
               19.12.2009

               EN

               Official Journal of the European Union

               L 338/5

      COUNCIL IMPLEMENTING REGULATION (EU) No 1251/2009
   of 18 December 2009
   amending Regulation (EC) No 1911/2006 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia, in Russia
   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 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 9(4) and 11(4) thereof,
   Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               By Regulation (EC) No 1995/2000 (2), the Council imposed a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate (‘UAN’) originating, inter alia, in Russia. That Regulation will hereinafter be referred to as ‘the original Regulation’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’.

               (2)

               Following an expiry review initiated in September 2005 (‘the expiry review’), the Council, by Regulation (EC) No 1911/2006 (3), renewed for five years these measures at their current level. The measures consist of specific duties.

         B.   PRESENT PROCEDURE

   1.   REQUEST FOR A REVIEW

               (3)

               A request for a new exporter review (‘the present review’) pursuant to Article 11(4) of the basic Regulation was lodged by Joint Stock Company Acron (‘the applicant’), an exporting producer in Russia. The request was limited in scope to dumping as far as the applicant is concerned.

               (4)

               The applicant alleged that it did not export UAN to the Union during the period of investigation on which the anti-dumping measures were based, that is, the period from 1 June 1998 to 31 May 1999 (‘the original investigation period’) and that it is not related to any of the exporting producers of UAN which are subject to the abovementioned anti-dumping measures. The applicant further alleged that it began exporting UAN to the Union after the end of the original investigation period.

         2.   INITIATION OF A ‘NEW EXPORTER’ REVIEW

               (5)

               The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After consulting the Advisory Committee and after the Union industry concerned had been given the opportunity to comment, the Commission initiated by Regulation (EC) No 241/2009 (4), a review of Regulation (EC) No 1911/2006 (‘measures in force’) with regard to the applicant.

               (6)

               Pursuant to Article 2 of Regulation (EC) No 241/2009, the anti-dumping duty of 20,11 EUR/tonne imposed by Regulation (EC) No 1911/2006 on imports of UAN produced and sold for export to the Union by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register these imports.

         3.   PRODUCT CONCERNED

               (7)

               The product concerned by the current review is the same as in the original investigation, i.e. a solution of urea and ammonium nitrate, a liquid fertiliser commonly used in agriculture, originating in Russia (‘the product concerned’). It consists of a mixture of urea, ammonium nitrate and water. The product concerned is currently falling within CN code 3102 80 00.

         4.   PARTIES CONCERNED

               (8)

               The Commission officially informed the applicant, the representatives of the exporting country and the association of Union producers about the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.

               (9)

               The Commission sent questionnaires to the applicant and its related companies and received replies within the deadlines set for that purpose. The Commission sought and verified all information deemed necessary for the determination of dumping. The Commission carried out verification visits at the premises of the applicant and its related company:

                           —

                           JSC Acron, Novgorod, Russia,

                           —

                           Agronova International Inc., Hallandale, USA (‘Agronova’).

         5.   REVIEW INVESTIGATION PERIOD

               (10)

               The ‘new exporter’ review investigation period covered the period from 1 January 2008 to 31 December 2008 (‘RIP’).

         C.   RESULTS OF THE INVESTIGATION

   1.   ‘NEW EXPORTER’ QUALIFICATION

               (11)

               The investigation confirmed that the applicant had not exported the product concerned during the original investigation period and that it had begun exporting to the Union after this period.

               (12)

               Furthermore, the applicant was able to demonstrate that it was not related to any of the exporters or producers in Russia which are subject to the anti-dumping measures in force on imports of the product concerned originating in Russia.

               (13)

               In this context, it is confirmed that the applicant should be considered a ‘new exporter’ in accordance with Article 11(4) of the basic Regulation.

         2.   DUMPING

   2.1.   DETERMINATION OF NORMAL VALUE

               (14)

               The applicant had no domestic sales in Russia of the product concerned. Whenever domestic prices cannot be used in order to establish normal value, another method has to be applied. In accordance with Article 2(3) of the basic Regulation, the Commission instead calculated a constructed normal value, as follows:

               (15)

               Normal value was constructed on the basis of the manufacturing costs incurred by the applicant plus a reasonable amount for selling, general and administrative costs (‘SG&A costs’) and for profits, in accordance with Article 2(3) and (6) of the basic Regulation.

         2.1.1.
         Adjustment of natural gas costs on the domestic Russian market

               (16)

               Regarding the cost of manufacturing, it should be noted that gas costs represent a major proportion of the manufacturing cost and a significant proportion of the total cost of production. In accordance with Article 2(5) of the basic Regulation, it was examined whether the costs associated with the production and sales of the product concerned were reasonably reflected in the records of the applicant.

               (17)

               It was established that the domestic gas prices paid by the applicant were abnormally low. By way of illustration, they amounted to between one fourth and one fifth of the export price of natural gas from Russia. In this regard, all available data indicates that domestic gas prices in Russia were regulated prices, which are far below market prices paid in unregulated markets for natural gas. Since gas costs were not reasonably reflected in the applicant’s records, they had to be adjusted accordingly. In the absence of any undistorted gas prices relating to the Russian domestic market, and in accordance with Article 2(5) of the basic Regulation, gas prices had to be established on ‘any other reasonable basis, including information from other representative markets’.

               (18)

               The adjusted price was based on the average price of Russian gas when sold for export at the German/Czech border (Waidhaus), net of transport costs and adjusted to reflect local distribution cost. Waidhaus, being the main hub for Russian gas sales to the Union, which is both the largest market for Russian gas and has prices reasonably reflecting costs, can be considered a representative market within the meaning of Article 2(5) of the basic Regulation.

               (19)

               Following disclosure, the applicant submitted several claims linked to the (i) legal basis of the gas adjustment made on the one hand and (ii) to the methodologies applied for the gas adjustment on the other hand.

         2.1.1.1.   Legal basis of the gas adjustment

               (20)

               The applicant claimed that any adjustment of the gas price paid on the Russian domestic market would be unwarranted because its accounting records fully reflected the costs associated with the production of the product concerned in Russia. The applicant further argued that in accordance with Article 1 of the basic Regulation, normal value must always be established with regard to the exporting country and that consequently it was contrary to that article to base findings on information from producers in other third countries.

               (21)

               As to the applicant’s argument about the alleged breach of Article 1 of the basic Regulation it should be noted that Article 1 only describes the general concept of dumping but the detailed rules on establishing dumping are set out in Article 2 of the basic Regulation. Article 2(5) of the basic Regulation provides for the possibility to use data from other representative markets including a third country if costs associated with the production and sale of the product under investigation are not reasonably reflected in the records of the party concerned. The applicant’s argument in this respect had therefore to be rejected.

               (22)

               The applicant also invoked the existence of natural competitive advantages in Russia such as the large availability of natural gas and favourable conditions of supply which would explain the price difference between the natural gas sold domestically and the one exported. The applicant also alleged that Russian domestic gas prices would be cost covering.

               (23)

               With regard to the existence of natural advantages the applicant did not address the fact that domestic prices for natural gas were regulated in Russia and could not therefore be considered to reasonably reflect a price normally payable in undistorted markets. The applicant did also not submit any evidence in support of these claims. Furthermore, as regards costs, even if gas prices paid by the applicant covered the unit cost of production and sales of gas incurred by its provider, this argument is irrelevant since the market price of gas is not necessarily linked to the costs of its production and sales. These claims had therefore to be rejected.

               (24)

               The applicant claimed further that an investigation under the basic Regulation should not cover the case of subsidisation of upstream products. It is noted that Article 2(5) of the basic Regulation aims to determine whether costs associated with the production and sale of the like product are reasonably reflected in the records of the party concerned. This was found not to be the case for the reasons set out above in recital (17). This is different from the determination of the existence of subsidies which was not subject to the present investigation. The applicant’s argument therefore had to be rejected.

               (25)

               In this context, the applicant also argued that even if particular market situations exist within the meaning of Article 2(3) of the basic Regulation, these would only refer to the market of the product concerned, i.e. UAN as such which cannot be extended to the market conditions of the upstream product. However, as it results from recital (24) above, the adjustment for natural gas prices was done on the basis of Article 2(5) of the basic Regulation which, as mentioned above in recital (21) explicitly entitles the Institutions to use the cost of production coming from other representative markets. The applicant’s argument therefore had to be rejected.

               (26)

               The applicant finally argued that Article 2(5) of the basic Regulation is limited to the examination of the compliance of the company’s records with the generally accepted accounting principles of the third country concerned and does not require that costs are in line with costs in unregulated markets.

               (27)

               It should be noted that in accordance with Article 2(5) of the basic Regulation two requirements need to be met in order for the costs to be calculated on the basis of the records kept by the exporter: (i) records must be kept in accordance with the generally accepted accounting principles (‘GAAP’) of the country concerned; and (ii) records must reasonably reflect the costs associated with the production and sale of the product concerned. If, as in the present case, the second requirement is not met because the costs are not reflected in the records, the costs must be adjusted. The applicant’s argument therefore had to be rejected.

         2.1.1.2.   Methodology applied for the gas adjustment

               (28)

               The applicant claimed that during the RIP of the current investigation gas prices fluctuated significantly and that normal value should be established on a monthly (or at least quarterly) basis rather than on a yearly basis.

               (29)

               It should be noted that although gas prices fluctuated during the RIP, these fluctuations were not considered exceptional or particularly significant. Indeed, the market for natural gas is generally characterised by rather important price fluctuations. The applicant could not show that there were any specific circumstances and that the price fluctuations during the RIP were significantly beyond usual fluctuations. Therefore there was no reason to deviate from the methodology used in the investigation leading to the measures in force. Secondly, information on which basis – according to the applicant – normal values should have been established was only partly available, since the necessary information from the US companies, i.e. SG&A and profit, was only available on a yearly basis. Therefore, even if one would follow the applicant’s argument, no meaningful calculation of monthly or quarterly values would have been possible. The applicant’s argument therefore had to be rejected.

               (30)

               The applicant also claimed that Waidhaus is not an appropriate reference market given the allegedly non-competitive pricing on gas in Germany and relationships between parties which factor is linked to the price formulae in the gas export contracts from Russia.

               (31)

               It should be noted that the alleged non-competitive domestic gas pricing in Germany was in any event considered irrelevant because it would only concern the prices at which German gas distributors sell the gas on the domestic market, and therefore, this is not linked at all to the price at which Russian exported gas is sold at Waidhaus. The applicant’s argument that the German incumbents do not have an incentive to negotiate low prices for Russian imported gas at Waidhaus is a mere presumption without any factual background and evidence. Consequently, these arguments were rejected.

               (32)

               The applicant argued further that if the export price at Waidhaus was to be used, the Russian export duty payable for all exports should have been deducted from the Waidhaus price because it was not incurred domestically.

               (33)

               Indeed, the market price at Waidhaus, which was considered as representative market within the meaning of Article 2(5) of the basic Regulation, is the price after export taxes and not the prices before these taxes. From the perspective of the buyer it is the price it has to pay at Waidhaus which is relevant, and in this regard it is irrelevant what percentage of that price constitutes an export tax and what percentage is paid to the gas supplier. The latter, on the other hand will always try to maximise its price and therefore charge the highest price its customers are willing to pay. Given that this price is always well above its costs of production, allowing the gas supplier to make high profits, the market price is not primarily influenced by the amount of the export tax but by the price the market is willing to pay. It was therefore concluded that the price including the export tax, and not the price before that tax, is the undistorted market driven price. Consequently, the arguments of the applicant in this regard were rejected.

               (34)

               In this context, the applicant also claimed that the mark-up of the local distributor should not be added to the export price at Waidhaus, without however explaining or demonstrating why it considered that the adjustment for the local distributor would have been inappropriate. It was considered that since domestic customers were purchasing the gas from local suppliers, it had to be assumed that they would have to pay local distribution costs which are not as such included in the unadjusted Waidhaus price. Therefore it was considered that this adjustment was indeed warranted and consequently the applicant’s claim was rejected.

         2.1.2.
         Selling, General and Administrative costs (‘SG&A costs’)

               (35)

               SG&A costs and profit could not be established on the basis of the ‘chapeau’ of Article 2(6), first sentence, of the basic Regulation because the applicant had no domestic sales in Russia of the like product. Article 2(6)(a) of the basic Regulation could not be applied, since only the applicant is subject to the investigation. Article 2(6)(b) was not applicable either, since for products belonging to the same general category of goods, natural gas is likewise by far the most important raw material and therefore manufacturing costs would very likely also need to be adjusted, for the reasons indicated in recital (17) above. In the framework of this review, no information was available to properly quantify such adjustment and to establish SG&A costs and the relevant profit margins when selling these products after such adjustment. Therefore, SG&A costs and profit were established pursuant to Article 2(6)(c) of the basic Regulation on the basis of a reasonable method.

               (36)

               As the Russian domestic market of products of the same general category is extremely small, information had to be obtained from other representative markets. In this respect, consideration was given to publicly available information relating to major companies operating in the nitrogen fertilisers business sector. It was found that the corresponding data from North American (namely US) producers would be the most appropriate for the purpose of the investigation, given the large availability of reliable and complete public financial information from listed companies in this region of the world. Moreover, the North American market showed a significant volume of domestic sales and a considerable level of competition from both domestic and foreign companies. Therefore, SG&A costs and profit were established on the basis of the weighted average of SG&A costs and profit from three North American producers, which were found to be amongst the largest companies in the fertilisers sector, with regard to their North American sales of the same general category of products (nitrogen fertilisers). These three producers were considered to be representative of the nitrogen fertilisers business and their SG&A costs and profit as representative of the same type of costs normally incurred by companies operating successfully in that business segment. Furthermore, there is no indication suggesting that the amount for profit so established exceeds the profit normally realised by Russian producers on sales of products of the same general category on their domestic market.

               (37)

               Following disclosure the applicant contested the above described methodology claiming that the profit margin used is unreasonable and excessively high, especially in comparison to the profit margin used in previous anti-dumping investigations concerning the same product. The applicant claimed that the year 2008 on which basis SG&A and profits were established was exceptional in the US market as gas prices were fluctuating considerably and fertiliser prices were exceptionally high which yielded exceptionally high profit rates for US producers.

               (38)

               In general, the present review confirmed that there were no changed circumstances, in the sense of Article 11(9) of the basic Regulation, that would justify a deviation from the methodology used in the investigation leading to the measures in force. First of all, it was found that profit margins achieved by the same US producers before 2008 were similar to profit margins realised in 2008. Secondly, even if profit levels in 2008 differed from those in prior years, this is normal in a market economy where costs, prices and profits move over time. Thirdly, the market for natural gas is generally characterised as volatile. A comparison of the gas price levels on US markets and at Waidhaus in 2008 and previous years did not show any diverging trend that would have given grounds for abnormally high profits on the US market. In light of the above, it is considered that there were no grounds to deviate from the methodology described above in recital (36).

               (39)

               Furthermore, the applicant alleged that the test of Article 2(6)(c) on the reasonableness of the profit margin used was not applied since the profit margin exceeds the profit normally realised by other exporters or producers on products of the same general category in the domestic market of the country of origin within the meaning of Article 2(6)(c) of the basic Regulation.

               (40)

               The applicant did not submit any evidence in support of this claim. Since the present review was limited to the determination of dumping with regard to the applicant, no information was available concerning other producers in Russia. While noting that gas costs incurred by the applicant have had to be rejected for the reasons outlined above, the applicant’s own reported profitability rate at company level for products sold on the domestic market, after corrections for extraordinary gains and losses from financial activities, is in the same order of magnitude as the profitability rate of the US producers. In these circumstances, there are no grounds to consider that the profit margin used would exceed the profit normally realised by other exporters or producers on products of the same general category in the domestic market of the country of origin within the meaning of Article 2(6)(c) of the basic Regulation.

               (41)

               The Union industry objected to the above approach with regard to the determination of SG&A and profits and claimed the applicant’s own SG&A should have been used. However, Article 2(6) of the basic Regulation sets out that the amounts for SG&A and profits shall only be based on actual data pertaining to the production and sale of the exporting producer concerned, when these sales were made in the ordinary course of trade. As outlined above in recitals (35) and (36), this was not the case because the applicant had no domestic sales in Russia of the like product. Therefore this argument had to be rejected.

         2.2.   EXPORT PRICE

               (42)

               The export price was established in accordance with Article 2(8) of the basic Regulation, i.e. on the basis of the price actually paid or payable for the product when sold for export from the exporting country to the Union.

         2.3.   COMPARISON

               (43)

               The normal value and export price were compared on an ex-works basis. For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting price and price comparability in accordance with Article 2(10) of the basic Regulation. Accordingly, adjustments were made for differences in transport, handling, loading and ancillary costs and indirect taxes where applicable and supported by verified evidence.

               (44)

               Export sales of the applicant during the RIP were made via Agronova, the related trader located in the USA. The investigation has shown that the functions of the related company are solely restricted to finding customers and negotiating sales contracts. The verification revealed that Agronova’s accounts did not fully reflect the totality of its operations and there were indications that although no transaction-linked commissions were paid to the company, compensation for its activities was given in other forms. For these reasons Agronova’s functions were considered to be similar to those of an agent working on a commission basis. The export price was therefore adjusted by a notional commission corresponding to a trader’s usual mark-up in accordance with Article 2(10)(i) of the basic Regulation.

               (45)

               The applicant claimed that the export price should not have been adjusted by a notional commission in accordance with Article 2(10)(i) of the basic Regulation for sales made via its related company in the USA since this company allegedly performed functions identical to those of a fully integrated export sales department and should therefore not be treated as an agent working on commission basis.

               (46)

               This could not be confirmed by the present investigation which revealed that concerning the functions and the way the related company is compensated for its activities by the applicant, the related company should rather be considered as an agent working on commission basis.

         2.4.   DUMPING MARGIN

               (47)

               The dumping margin was established on the basis of a comparison of a weighted average normal value with a weighted average export price, in accordance with Article 2(11) of the basic Regulation.

               (48)

               This comparison showed a dumping margin of 22,9 %, expressed as a percentage of the CIF frontier price, duty unpaid.

         D.   ANTI-DUMPING MEASURES

               (49)

               It is reminded that, in accordance with Article 9(4) of the basic Regulation and as outlined in recital (49) of Regulation (EC) No 1995/2000, the definitive duty in the original investigation was established at the level of the injury margin found, which was lower than the dumping margin because it was found that such lesser duty would be adequate to remove the injury to the Union industry. In the light of the foregoing, the duty established in this review should not be higher than the injury margin.

               (50)

               No individual injury margin can be established in this partial interim review, since it is limited to the examination of dumping as far as the applicant is concerned. Therefore, the dumping margin established in the present review was compared to the injury margin as established in the original investigation. Since the latter was lower than the dumping margin found in the present investigation, a definitive anti-dumping duty should be imposed for the applicant at the level of the injury margin found in the original investigation.

               (51)

               Regarding the form of the measure, it was considered that the amended anti-dumping duty should take the same form as the duties imposed by Regulation (EC) No 1995/2000. To ensure efficiency of the measures and to discourage price manipulation it was appropriate to impose duties in the form of a specific amount per tonne. As a result, the anti-dumping duty to be imposed on imports of the product concerned produced and sold for export to the Union by the applicant, calculated on the basis of the injury margin as established in the original investigation expressed as a specific amount per tonne, should be EUR 20,11 per tonne.

         E.   RETROACTIVE LEVYING OF THE ANTI-DUMPING DUTY

               (52)

               In the light of the above findings, the anti-dumping duty applicable to the applicant shall be levied retroactively from the date of initiation of the review on imports of the product concerned which have been made subject to registration pursuant to Article 3 of Regulation (EC) No 241/2009.

         F.   DISCLOSURE AND DURATION OF THE MEASURES

               (53)

               The applicant and other parties were informed of the essential facts and considerations on the basis of which it was intended to reimpose a definitive anti-dumping duty on imports of UAN originating, inter alia, in Russia and produced and sold for export to the Union by the applicant and to levy this duty retroactively on imports made subject to registration. All parties were given an opportunity to comment.

               (54)

               This review does not affect the date on which the measures imposed by Regulation (EC) No 1911/2006 will expire pursuant to Article 11(2) of the basic Regulation.

         G.   UNDERTAKING

               (55)

               Following final disclosure the applicant offered an undertaking in accordance with Article 8 of the basic Regulation. The applicant stated that the offer would be based on the reasonable expectation that some of its claims made following the final disclosure would be accepted and would result in a minimum import price workable for the applicant. Since, however, none of the comments raised by the applicant were found to be warranted and since the applicant appears not interested to offer a minimum import price based on the injury elimination level established in the original investigation, any further detailed analysis of the undertaking offer as to its acceptance was considered unnecessary,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The table in Article 1(2) of Regulation (EC) No 1911/2006 is hereby amended by adding the following:

                  Country

                  Company

                  Amount of duty
                  (per tonne)

                  TARIC additional code

                  ‘Russia

                  Joint Stock Company Acron

                  EUR 20,11

                  A932’

   2.   The duty hereby imposed shall also be levied retroactively on imports of mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution which have been registered pursuant to Article 3 of Regulation (EC) No 241/2009.
   3.   The customs authorities are hereby directed to cease the registration of imports of mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution originating in Russia produced and sold for export to the Union by Joint Stock Company Acron.
   4.   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, 18 December 2009.

            For the Council

            The President

         Å. TORSTENSSON

      (1)  OJ L 56, 6.3.1996, p. 1.

      (2)  OJ L 238, 22.9.2000, p. 15.

      (3)  OJ L 365, 21.12.2006, p. 26.

      (4)  OJ L 75, 21.3.2009, p. 5.


title: Commission Implementing Regulation (EU) No 562/2011 of 10 June 2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union and derogating from certain provisions of Regulation (EU) No 807/2010

text:
               11.6.2011

               EN

               Official Journal of the European Union

               L 152/24

         COMMISSION IMPLEMENTING REGULATION (EU) No 562/2011
   of 10 June 2011
   adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union and derogating from certain provisions of Regulation (EU) No 807/2010
   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), and in particular points (f) and (g) of Article 43, in conjunction with Article 4 thereof,
   Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               In accordance with Article 2 of Commission Regulation (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union (3), the Commission has to adopt a distribution plan to be financed from resources available in the 2012 budget year. That plan has to lay down, in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.

               (2)

               The Member States involved in the distribution plan for the 2012 budget year have supplied the Commission with the information required in accordance with Article 1 of Regulation (EU) No 807/2010.

               (3)

               For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States used the resources allocated to them in previous years.

               (4)

               Taking into account the fact that availability of intervention stocks for the supply of the scheme for food distribution to the most deprived persons is substantially reduced in relation to the previous year, it is appropriate that the 2012 annual plan is adopted as soon as the Member States supplied the Commission with the information required in Article 1 of Regulation (EU) No 807/2010. The fast adoption aims to allow the Member States additional time to organize the implementation of the Union annual plan with a view to giving a chance to national authorities and charities to find alternative sources of food.

               (5)

               Article 4 of Regulation (EU) No 807/2010 provides that, where no rice is available in intervention stocks, the Commission may authorise the removal of cereals from the intervention stocks as payment for the supply of rice or rice products mobilised on the market. Accordingly, given that there are currently no intervention stocks of rice, the removal of cereals from intervention stocks as payment for mobilising rice products in the market should be authorised.

               (6)

               Article 8(1) of Regulation (EU) No 807/2010 provides for the transfer between Member States of products unavailable in the intervention stocks of the Member State in which such products are required to implement the annual distribution plan. Accordingly, the intra-Union transfers necessary to implement that plan for 2012 should be authorised, subject to the conditions laid down in Article 8 of Regulation (EU) No 807/2010.

               (7)

               Due to the current market situation in the cereals sector, which is marked by high market price levels, it is appropriate, in order to secure the Union's financial interests, to increase the security, which is to be lodged by the contractor undertaking the supply operation of cereals as provided for in Articles 4(3) and 8(4) of Regulation (EU) No 807/2010.

               (8)

               To implement the annual distribution plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts.

               (9)

               In accordance with Article 2(2) of Regulation (EU) No 807/2010, the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the Union when drawing up the annual distribution plan.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In 2012, the distribution of food to the most deprived persons in the Union under Article 27 of Regulation (EC) No 1234/2007 shall be implemented in accordance with the annual distribution plan set out in Annex I to this Regulation.
   The use of cereals as payment for mobilising rice products on the market is authorised, as referred to in Article 4(2) of Regulation (EU) No 807/2010.
   Article 2
   The intra-Union transfer of products listed in Annex II to this Regulation shall be authorised, subject to the conditions laid down in Article 8 of Regulation (EU) No 807/2010.
   Article 3
   By way of derogation from the fifth subparagraph of Article 4(3) and from the first subparagraph of Article 8(4) of Regulation (EU) No 807/2010, for the 2012 distribution plan, before cereals are removed from intervention, the contractor undertaking the supply operation shall lodge a security equal to EUR 150 per tonne.
   Article 4
   For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the date of the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2011.
   Article 5
   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, 10 June 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 349, 24.12.1998, p. 1.

      (3)  OJ L 242, 15.9.2010, p. 9.

      ANNEX I

         ANNUAL DISTRIBUTION PLAN FOR 2012

                  (a)

                  Financial resources made available to implement the 2012 plan in each Member State:

                              (in EUR)

                              Member State

                              Distribution

                              Belgique/België

                              2 795 058

                              България

                              4 183 873

                              Česká republika

                              122 600

                              Eesti

                              718 782

                              Éire/Ireland

                              1 304 105

                              Elláda

                              4 805 742

                              España

                              18 084 154

                              France

                              15 869 928

                              Italia

                              22 103 802

                              Latvija

                              1 558 586

                              Lietuva

                              1 849 759

                              Luxembourg

                              47 463

                              Magyarország

                              3 237 794

                              Malta

                              131 505

                              Polska

                              17 310 824

                              Portugal

                              4 524 628

                              România

                              12 035 925

                              Slovenija

                              515 467

                              Slovakia

                              959 383

                              Suomi/Finland

                              1 327 965

                                 Total

                                 113 487 343

                  (b)

                  Quantity of each type of product to be withdrawn from EU intervention stocks for distribution in each Member State subject to the maximum amounts laid down in point (a) of this Annex:

                              (in tonnes)

                              Member State

                              Cereals

                              Butter

                              Skimmed milk powder

                              Belgique/België

                              —

                              1 560,273

                              България

                              39 144,763

                              —

                              Česká republika (1)

                              450,000

                              —

                              Eesti (2)

                              —

                              383,316

                              Éire/Ireland

                              —

                              727,985

                              Elláda

                              —

                              2 682,689

                              España

                              —

                              10 095,040

                              France

                              —

                              8 859,003

                              Italia

                              —

                              12 338,912

                              Latvija

                              —

                              870,043

                              Lietuva

                              —

                              1 032,583

                              Luxembourg (3)

                              —

                              —

                              Magyarország

                              —

                              1 807,420

                              Malta

                              1 230,373

                              —

                              Polska

                              —

                              9 663,348

                              Portugal

                              —

                              2 525,764

                              România

                              112 609,424

                              —

                              Slovenija

                              —

                              287,747

                              Slovakia

                              8 976,092

                              —

                              Suomi/Finland

                              —

                              741,304

                                 Total

                                 162 410,652

                                 53 575,425

         (1)  Česká Republika: allocation for the purchase of dairy products on the EU market: 37 356 EUR, to be accounted against the skimmed milk powder allocation and additional 33 263 EUR, to be accounted against the butter allocation of Česká Republika.

         (2)  Eesti: allocation for the purchase of dairy products on the EU market: 30 440 EUR, to be accounted against the butter allocation of Eesti.

         (3)  Luxembourg: allocation for the purchase of dairy products on the EU market: 44 989 EUR, to be accounted against the skimmed milk powder allocation of Luxembourg.

      ANNEX II

                  (a)

                  Intra-Union transfers of cereals authorised under the plan for the 2012 budget year:

                              Quantity
                              (tonnes)

                              Holder

                              Recipient

                              1

                              33 988,763

                              Agency for Rural Affairs, Suomi/Finland

                              Държавен фонд ‘Земеделие’ — Разплащателна агенция, България

                              2

                              5 156,000

                              RPA, UK

                              Държавен фонд ‘Земеделие’ — Разплащателна агенция, България

                              3

                              450,000

                              SJV, Sverige

                              SZIF, Česká Republika

                              4

                              1 230,373

                              SJV, Sverige

                              Ministry for Resources and Rural Affairs Paying Agency, Malta

                              5

                              16 880,298

                              BLE, Deutschland

                              Agenția de Plăți și Intervenție pentru Agricultură, România

                              6

                              41 360,295

                              Agency for Rural Affairs, Suomi/Finland

                              Agenția de Plăți și Intervenție pentru Agricultură, România

                              7

                              54 368,831

                              SJV, Sverige

                              Agenția de Plăți și Intervenție pentru Agricultură, România

                              8

                              147,000

                              FranceAgriMer, France

                              Pôdohospodárska platobná agentúra, Slovenská Republika

                              9

                              8 829,092

                              SJV, Sverige

                              Pôdohospodárska platobná agentúra, Slovenská Republika

                  (b)

                  Intra-Union transfers of skimmed milk powder authorised under the plan for the 2012 budget year:

                              Quantity
                              (tonnes)

                              Holder

                              Recipient

                              1

                              2 682,688

                              BLE, Deutschland

                              OPEKEPE, Elláda

                              2

                              330,350

                              SZIF, Česká Republika

                              FEGA, España

                              3

                              6 308,486

                              OFI, Ireland

                              FEGA, España

                              4

                              3 456,204

                              RPA, UK

                              FEGA, España

                              5

                              2 118,853

                              RPA, UK

                              FranceAgriMer, France

                              6

                              7 905,602

                              BIRB, Belgique

                              AGEA, Italia

                              7

                              1 476,378

                              OFI, Ireland

                              AGEA, Italia

                              8

                              2 749,632

                              Dienst Regelingen Roermond, Netherlands

                              AGEA, Italia

                              9

                              207,300

                              SJV, Sverige

                              AGEA, Italia

                              10

                              870,042

                              Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lietuva

                              Rural Support Service, Latvia

                              11

                              1 807,420

                              RPA, UK

                              Mezőgazdasági és Vidékfejlesztési Hivatal, Magyarország

                              12

                              3 294,212

                              BLE, Deutschland

                              ARR, Polska

                              13

                              1 675,024

                              Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lietuva

                              ARR, Polska

                              14

                              4 693,285

                              RPA, UK

                              ARR, Polska

                              15

                              2 525,314

                              RPA, UK

                              IFAP I.P., Portugal

                              16

                              287,747

                              Dienst Regelingen Roermond, Netherlands

                              Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenija

                              17

                              252,008

                              PRIA, Eesti

                              Agency for Rural Affairs, Suomi/Finland

                              18

                              489,296

                              Dienst Regelingen Roermond, Netherlands

                              Agency for Rural Affairs, Suomi/Finland


title: Commission Implementing Regulation (EU) No 646/2014 of 12 June 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               18.6.2014

               EN

               Official Journal of the European Union

               L 178/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 646/2014
   of 12 June 2014
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

               (2)

               Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

               (3)

               Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 June 2014.

            For the Commission,

            On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product of steel with a body which is partially threaded and partially lined with plastic. It has a slotted head with a cross slit. It is neither tapered nor pointed at the end. It has a length of approximately 45 mm and an external diameter of approximately 7 mm.
                  This product is designed to be a part of a mounting suitable for furniture. The threaded end of the product is to be screwed into a predrilled hole in one part of the furniture. The head is to be inserted into a predrilled hole in another part of the furniture. The two parts of the furniture are joined together by locking the head into the slot of the other part of the mounting (not included upon presentation).

                      (1) See the image.

                  7318 19 00

                  Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 1 to Chapter 83 and by the wording of CN codes 7318 and 7318 19 00.
                  The product is composite goods consisting of two materials. It is to be classified according to the material which gives it its essential character (metal).
                  Classification under heading 8302 as base metal mountings suitable for furniture is excluded as the product is just a part of the complete mounting and it has the characteristics of a threaded article of heading 7318 (see note 1 to Chapter 83).
                  The product is not considered to be a screw of heading 7318, as it does not on its own fasten or assemble goods. Only the threaded end is screwed, while the other end is locked into the slot of the other part of the mounting. Consequently, classification under CN codes 7318 12, 7318 14 or 7318 15 is excluded.
                  It is therefore to be classified under CN code 7318 19 00 as other threaded articles of steel.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/897 of 24 May 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               25.5.2017

               EN

               Official Journal of the European Union

               L 138/126

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/897
   of 24 May 2017
   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, 24 May 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-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

                  99,7

                  TR

                  67,0

                  ZZ

                  83,4

                  0707 00 05

                  TR

                  84,9

                  ZZ

                  84,9

                  0709 93 10

                  TR

                  130,3

                  ZZ

                  130,3

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  53,1

                  MA

                  54,5

                  TR

                  48,9

                  ZA

                  91,0

                  ZZ

                  61,9

                  0805 50 10

                  AR

                  116,2

                  TR

                  153,8

                  ZA

                  150,8

                  ZZ

                  140,3

                  0808 10 80

                  AR

                  158,4

                  BR

                  117,1

                  CL

                  132,2

                  CN

                  145,5

                  NZ

                  153,3

                  ZA

                  107,8

                  ZZ

                  135,7

                  0809 29 00

                  TR

                  367,5

                  ZZ

                  367,5

         (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’.


title: Commission Implementing Regulation (EU) No 1251/2012 of 20 December 2012 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/42

         COMMISSION IMPLEMENTING REGULATION (EU) No 1251/2012
   of 20 December 2012
   amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 1183/2005 lists the natural and legal persons, entities and bodies covered by the freezing of funds and economic resources under the Regulation.

               (2)

               On 12 and 30 November 2012, the Sanctions Committee of the United Nations Security Council added three persons to the list of individuals and entities subject to the freezing of assets.

               (3)

               The address for notifications to the European Commission set out in Annex II to Regulation (EC) No 1183/2005 should be updated.

               (4)

               Annexes I and II to Regulation (EC) No 1183/2005 should therefore be amended accordingly.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 1183/2005 is amended as follows:

               (1)

               Annex I is amended in accordance with Annex I to this Regulation.

               (2)

               Annex II is amended in accordance with Annex II to this Regulation.

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 December 2012.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 193, 23.7.2005, p. 1.

      ANNEX I
      Annex I to Regulation (EC) No 1183/2005 is amended as follows:
      The following entries shall be added under the heading ‘A. NATURAL PERSONS’:

                  (a)

                     ‘Sultani Makenga (alias (a) Colonel Sultani Makenga, (b) Emmanuel Sultani Makenga). Date of birth: 25 December 1973. Place of birth: Rutshuru, Democratic Republic of the Congo. Nationality: Congolese. Other information: Military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo. Date of designation referred to in Article 5(1)(b): 12.11.2012.’

                  (b)

                     ‘Baudoin Ngaruye Wa Myamuro (alias Colonel Baudoin Ngaruye). Date of Birth: 1978. Place of Birth: Lusamambo, Lubero territory, Democratic Republic of the Congo. Other information: Military leader of the Mouvement du 23 Mars (M23). FARDC ID: 1-78-09-44621-80. Date of designation referred to in Article 5(1)(b): 30.11.2012.’

                  (c)

                     ‘Innocent Kaina (alias (a) Colonel Innocent Kaina, (b) India Queen). Place of Birth: Bunagana, Rutshuru territory, Democratic Republic of the Congo. Date of designation referred to in Article 5(1)(b): 30.11.2012.’

      ANNEX II
      Annex II to Regulation (EC) No 1183/2005 is amended as follows:
      The heading ‘European Community’ and the paragraph under ‘European Community’ shall be replaced by the following heading and paragraph:

         ‘Address for notifications to the European Commission:

                     European Commission

                     Service for Foreign Policy Instruments (FPI)

                     Office EEAS 02/309

                     B-1049 Bruxelles/Brussel (Belgium)

                     E-mail: relex-sanctions@ec.europa.eu’


title: Commission Implementing Regulation (EU) No 1352/2011 of 20 December 2011 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

text:
               21.12.2011

               EN

               Official Journal of the European Union

               L 338/31

         COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2011
   of 20 December 2011
   amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (1), and in particular Article 12(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1236/2005 imposes a prohibition on exports of goods which have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment and controls on exports of certain goods that could be used for such purpose. It respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for and protection of human dignity, the right to life and the prohibition of torture and inhumane and degrading treatment or punishment.

               (2)

               In some recent cases medicinal products exported to third countries have been diverted and used for capital punishment, notably by administering a lethal overdose by means of injection. The Union disapproves of capital punishment in all circumstances and works towards its universal abolition. The exporters objected to their involuntary association with such use of the products they developed for medical use.

               (3)

               It is therefore necessary to supplement the list of goods subject to trade restrictions to prevent the use of certain medicinal products for capital punishment and to ensure that all Union exporters of medicinal products are subject to uniform conditions in this regard. The relevant medicinal products were developed for, inter alia, anaesthesia and sedation and their export should therefore not be made subject to a complete prohibition.

               (4)

               It is also necessary to broaden the ban on trade in electric-shock belts to cover similar body-worn devices such as electric shock sleeves and cuffs which have the same impact as electric-shock belts.

               (5)

               It is necessary to prohibit trade in spiked batons which are not admissible for law enforcement. While the spikes are capable of causing significant pain or suffering, spiked batons do not appear more effective for riot control or self-protection than ordinary batons and the pain or suffering caused by the spikes is therefore cruel and not strictly necessary for the purpose of riot control or self-protection.

               (6)

               Changes in the numbering of certain parts of the Combined Nomenclature (CN) have occurred after Regulation (EC) No 1236/2005 was adopted and the relevant CN codes should be updated accordingly.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Rules for Exports of Products.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II and Annex III to Regulation (EC) No 1236/2005 shall be replaced by the texts in Annex I and Annex II, respectively.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall not apply to products listed in point 4.1 of Annex III for which an export declaration has been lodged prior to its entry into force.

      This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
      Done at Brussels, 20 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 200, 30.7.2005, p. 1.

      ANNEX I

            ‘ANNEX II

               List of goods referred to in Articles 3 and 4

               Introductory Note:

            The “CN codes” in this Annex refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1).
            Where “ex” precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 constitute only a part of the scope of the CN code and are determined by both the description given in this Annex and the scope of the CN code.

               Note: this list does not cover medical-technical goods

                        CN code

                        Description

                        1.   Goods designed for the execution of human beings, as follows:

                        ex 4421 90 98
                        ex 8208 90 00

                                    1.1.

                                    Gallows and guillotines

                        ex 8543 70 90
                        ex 9401 79 00
                        ex 9401 80 00
                        ex 9402 10 00
                        ex 9402 90 00

                                    1.2.

                                    Electric chairs for the purpose of execution of human beings

                        ex 9406 00 38
                        ex 9406 00 80

                                    1.3.

                                    Air-tight vaults, made of e.g. steel and glass, designed for the purpose of execution of human beings by the administration of a lethal gas or substance

                        ex 8413 81 00
                        ex 9018 90 50
                        ex 9018 90 60
                        ex 9018 90 84

                                    1.4.

                                    Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance

                        2.   Goods designed for restraining human beings, as follows:

                        ex 8543 70 90

                                    2.1.

                                    Electric-shock devices which are intended to be worn on the body by a restrained individual, such as belts, sleeves and cuffs, designed for restraining human beings by the administration of electric shocks having a no-load voltage exceeding 10 000 V

                        3.   Portable devices allegedly designed for the purpose of riot control, as follows:

                        ex 9304 00 00

                                    3.1.

                                    Batons or truncheons made of metal or other material having a shaft with metal spikes

         (1)  OJ L 256, 7.9.1987, p. 1.’

      ANNEX II

            ‘ANNEX III

               List of goods referred to in Article 5

               Introductory Note:

            The CN codes in this Annex refer to codes specified in Part Two of Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.
            Where “ex” precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 constitute only a part of the scope of the CN code and are determined by both the description given in this Annex and the scope of the CN code.

                        CN code

                        Description

                        1.   Goods designed for restraining human beings, as follows:

                        ex 9401 61 00
                        ex 9401 69 00
                        ex 9401 71 00
                        ex 9401 79 00
                        ex 9401 80 00
                        ex 9402 90 00
                        ex 9403 20 20
                        ex 9403 20 80
                        ex 9403 50 00
                        ex 9403 70 00
                        ex 9403 81 00
                        ex 9403 89 00

                                    1.1.

                                    Restraint chairs and shackle boards

                           Note:

                        This item does not control restraint chairs designed for disabled persons

                        ex 7326 90 98
                        ex 8301 50 00
                        ex 3926 90 97

                                    1.2.

                                    Leg-irons, gang-chains, shackles and individual cuffs or shackle bracelets

                           Note:

                        This item does not control “ordinary handcuffs”. Ordinary handcuffs are handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 280 mm when locked and have not been modified to cause physical pain or suffering

                        ex 7326 90 98
                        ex 8301 50 00
                        ex 3926 90 97

                                    1.3.

                                    Thumb-cuffs and thumb-screws, including serrated thumb-cuffs

                        2.   Portable devices designed for the purpose of riot control or self-protection, as follows:

                        ex 8543 70 90
                        ex 9304 00 00

                                    2.1.

                                    Portable electric shock devices, including but not limited to, electric shock batons, electric shock shields, stun guns and electric shock dart guns having a no-load voltage exceeding 10 000 V

                                    1.

                                    This item does not control electric shock belts and other devices as described in item 2.1 of Annex II.

                                    2.

                                    This item does not control individual electronic shock devices when accompanying their user for the user’s own personal protection.

                        3.   Portable equipment for dissemination of incapacitating substances for the purpose of riot control or self-protection and related substances, as follows:

                        ex 8424 20 00
                        ex 9304 00 00

                                    3.1.

                                    Portable devices designed or modified for the purpose of riot control or self-protection by the administration or dissemination of an incapacitating chemical substance

                           Note:

                        This item does not control individual portable devices, even if containing a chemical substance, when accompanying their user for the user’s own personal protection.

                        ex 2924 29 98

                                    3.2.

                                    Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4)

                        ex 2939 99 00

                                    3.3.

                                    Oleoresin capsicum (OC) (CAS RN 8023-77-6)

                        4.   Products which could be used for the execution of human beings by means of lethal injection, as follows:

                        ex 2933 53 90
                        [(a) to (f)]
                        ex 2933 59 95
                        [(g) and (h)]

                                    4.1.

                                    Short and intermediate acting barbiturate anaesthetic agents including, but not limited to:

                                                (a)

                                                amobarbital (CAS RN 57-43-2

                                                (b)

                                                amobarbital sodium salt (CAS RN 64-43-7)

                                                (c)

                                                pentobarbital (CAS RN 76-74-4)

                                                (d)

                                                pentobarbital sodium salt (CAS 57-33-0)

                                                (e)

                                                secobarbital (CAS RN 76-73-3

                                                (f)

                                                secobarbital sodium salt (CAS RN 309-43-3)

                                                (g)

                                                thiopental (CAS RN 76-75-5)

                                                (h)

                                                thiopental sodium salt (CAS RN 71-73-8), also known as thiopentone sodium

                           Note:

                        This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents.’


title: Commission Implementing Regulation (EU) 2017/1847 of 12 October 2017 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Dealurile Crișanei (PGI))

text:
               13.10.2017

               EN

               Official Journal of the European Union

               L 264/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1847
   of 12 October 2017
   approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Dealurile Crișanei (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,
   Whereas:

               (1)

               The Commission has examined the application for the approval of an amendment to the specification for the Protected Geographical Indication ‘Dealurile Crișanei’, sent by Romania in accordance with Article 105 of Regulation (EU) No 1308/2013.

               (2)

               The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).

               (3)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (4)

               The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

               (5)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 October 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 197, 21.6.2017, p. 12.


title: Commission Implementing Regulation (EU) No 419/2012 of 16 May 2012 amending Implementing Regulation (EU) No 562/2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union

text:
               17.5.2012

               EN

               Official Journal of the European Union

               L 130/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 419/2012
   of 16 May 2012
   amending Implementing Regulation (EU) No 562/2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union
   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), and in particular points (f) and (g) of Article 43, in conjunction with Article 4 thereof,
   Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agri-monetary arrangements for the euro (2), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 562/2011 (3) as amended by Implementing Regulation (EU) No 208/2012 (4) has set the deadlines for the submission of requests for payment and the execution of payments at 30 September 2012 and 15 October 2012 respectively and provides that the implementation period of the 2012 distribution plan is to end on 28 February 2013.

               (2)

               To enable the Member States to use those deadlines efficiently, it is necessary to allow the possibility of granting advance payments for the transport of products to the storage depots of the charitable organisations and for the transport, administrative and storage costs incurred by the charitable organisations designated to distribute the products. In order to ensure the efficient implementation of the annual plan, the same possibility should be allowed for the supply of products in duly justified cases. In addition it needs to be established how and when a security is required.

               (3)

               Taking into consideration the non-profit nature of the designated organisations referred to in Article 27(1) of Regulation (EC) No 1234/2007, the competent authorities of the Member States should be empowered to allow alternative guarantee instruments when advances are paid to those organisations in respect of their administrative, transport and storage costs.

               (4)

               For accounting purposes, Member States should be required to notify the Commission of certain information related to the advance payments.

               (5)

               Implementing Regulation (EU) No 562/2011 should therefore be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Implementing Regulation (EU) No 562/2011 the following Article 4a is inserted:

      ‘Article 4a
      1.   For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the operators selected in accordance with Article 4(4) and (6) of Regulation (EU) No 807/2010 and the designated organisations referred to in Article 27(1) of Regulation (EC) No 1234/2007 may submit to the competent authority of the Member State concerned an application for advance payments relating to the cost of transport of products to the storage depots of the designated organisations referred to in point (a) of the second subparagraph of Article 27(7) of Regulation (EC) No 1234/2007 and the administrative, transport and storage costs referred to in point (b) of the second subparagraph of that Article. In duly justified cases the Member States may also provide advance payments relating to the cost of the supply of the products to operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010 provided that, to the satisfaction of the Member States concerned, those operators have demonstrated that prior to 15 October 2012:

                  (a)

                  they have taken legally binding commitments to implement the operation;

                  (b)

                  they have significantly progressed with the implementation of the operation; and

                  (c)

                  they have taken all measures necessary to ensure that the implementation shall be completed no later than 28 February 2013.

            2.   The competent authority may grant an advance payment up to 100 % of the amount applied for, subject to the establishment of a security equal to 110 % of the advance referred to in paragraph 1. In the case of operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010, the security referred to in that Article shall be deemed sufficient for the purposes of this Article.
      3.   For the purposes of paragraph 2, Commission Implementing Regulation (EU) No 282/2012 (5) shall apply.
      4.   In the case of designated organisations referred to in paragraph 1, the paying agency may accept a written guarantee from a public authority, in accordance with provisions applied in the Member States, covering an amount equal to the percentage referred to in paragraph 2, provided that that public authority undertakes to pay the amount covered by that guarantee in case the entitlement to the advance paid is not established. Member States may also provide for an instrument of equivalent effect, in accordance with the provisions applied in the Member States, on condition that it ensures the repayment of the advance granted in case the entitlement to it is not established.
      5.   No later than 15 January 2013, Member States shall notify the Commission of the total amount of the advance payments made by 15 October 2012 in accordance with paragraph 2 which have not been cleared and which relate to operations that have not yet been completed by the final beneficiaries.

   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, 16 May 2012.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 349, 24.12.1998, p. 1.

      (3)  OJ L 152, 11.6.2011, p. 24.

      (4)  OJ L 72, 10.3.2012, p. 32.

      (5)  OJ L 92, 30.3.2012, p. 4.’


title: Commission Implementing Regulation (EU) No 255/2012 of 22 March 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               23.3.2012

               EN

               Official Journal of the European Union

               L 84/28

         COMMISSION IMPLEMENTING REGULATION (EU) No 255/2012
   of 22 March 2012
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 235/2012 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

               (3)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   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, 22 March 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 78, 17.3.2012, p. 16.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 23 March 2012

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 12 10 (1)

                  44,97

                  0,00

                  1701 12 90 (1)

                  44,97

                  1,12

                  1701 13 10 (1)

                  44,97

                  0,00

                  1701 13 90 (1)

                  44,97

                  1,41

                  1701 14 10 (1)

                  44,97

                  0,00

                  1701 14 90 (1)

                  44,97

                  1,41

                  1701 91 00 (2)

                  49,59

                  2,59

                  1701 99 10 (2)

                  49,59

                  0,00

                  1701 99 90 (2)

                  49,59

                  0,00

                  1702 90 95 (3)

                  0,50

                  0,22

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.