title: Commission Implementing Regulation (EU) 2015/908 of 11 June 2015 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Canada in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance)

text:
               13.6.2015

               EN

               Official Journal of the European Union

               L 148/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/908
   of 11 June 2015
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Canada in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1) and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
   Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Canada is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of the commodities covered by that Regulation are authorised from certain parts of its territory depending on the presence of HPAI outbreaks. That regionalisation was recognised by Regulation (EC) No 798/2008, as amended by Commission Implementing Regulation (EU) 2015/198 (4) following outbreaks of HPAI in the Province of British Columbia.

               (4)

               An Agreement between the Union and Canada (5) provides for a swift mutual recognition of regionalisation measures in the event of outbreaks of a disease in the Union or in Canada (‘the Agreement’).

               (5)

               On 8 April 2015, Canada confirmed an outbreak of HPAI of subtype H5N2 in poultry in the Province of Ontario. The veterinary authorities of Canada immediately suspended issuing veterinary certificates for consignments of commodities intended for export to the Union from its whole territory. Canada has also implemented a stamping-out policy in order to control HPAI and limit its spread.

               (6)

               Following that outbreak in the Province of Ontario, Canada submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. On the basis of that evaluation, as well as the commitments laid down in the Agreement and the guarantees provided by Canada, it is appropriate to conclude that limiting the restrictions on the introduction into the Union of the commodities to the area affected by HPAI, which the veterinary authorities of Canada have placed under restrictions due to the HPAI outbreaks in the Provinces of British Columbia and Ontario, should be sufficient to cover the risks associated with the introduction into the Union of the commodities.

               (7)

               Canada has further reported the completion of cleaning and disinfection measures following stamping-out on holdings where outbreaks had been detected between December 2014 and February 2015 in the Province of British Columbia. It is therefore appropriate to indicate the dates when these parts of the territory that were placed under veterinary restrictions in relation to these outbreaks may again be considered HPAI free and imports into the Union of certain poultry commodities originating from these areas should be re-authorised.

               (8)

               The entry for Canada in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the current epidemiological situation in that third country.

               (9)

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

               (10)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 June 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 18, 23.1.2003, p. 11.

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

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

      (4)  Commission Implementing Regulation (EU) 2015/198 of 6 February 2015 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Canada in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 33, 10.2.2015, p. 9).

      (5)  Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products as approved on behalf of the Community by Council Decision 1999/201/EC (OJ L 71, 18.3.1999, p. 3).

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

                     ISO code and name of third country or territory

                     Code of third country, territory, zone or compartment

                     Description of third country, territory, zone or compartment

                     Veterinary certificate

                     Specific conditions

                     Specific conditions

                     Avian influenza surveillance status

                     Avian influenza vaccination status

                     Salmonella control status

                     Model(s)

                     Additional guarantees

                     Closing date (1)

                     Opening date (2)

                     1

                     2

                     3

                     4

                     5

                     6

                     6A

                     6B

                     7

                     8

                     9

                     ‘CA — Canada

                     CA-0

                     Whole country

                     SPF

                     EP, E

                     S4

                     CA-1

                     The whole country of Canada excluding area CA-2

                     BPR, BPP, DOC, DOR, HEP, HER, SRA, SRP

                     N

                     A

                     S1, ST1’

                     WGM

                     VIII

                     POU, RAT

                     N

                     CA-2

                     Territory of Canada corresponding to:

                     CA-2.1

                     “Primary Control Zone” delimited by the following boundaries:

                                 —

                                 on the west, the Pacific Ocean,

                                 —

                                 on the south, the border to the United States of America,

                                 —

                                 on the north, Highway 16,

                                 —

                                 on the east, the border between the Provinces of British Columbia and Alberta.

                     WGM

                     VIII

                     P2

                     4.12.2014

                     9.6.2015

                     POU, RAT

                     N, P2

                     CA-2.2

                     Area in the Province of Ontario delimited by the following boundaries:

                                 —

                                 from County Road 119 where it meets County Road 64 and 25th Line,

                                 —

                                 North on 25th Line to where it meets Road 68, travelling east on Road 68 to where it again meets 25th Line and continuing north on 25th Line to 74 Road,

                                 —

                                 East on 74 Road from 25th line to 31st line,

                                 —

                                 North on 31st Line from 74 Road to 78 Road,

                                 —

                                 East on 78 Road from 31st Line to 33rd Line,

                                 —

                                 33rd Line north from 78 Road to 84 Road,

                                 —

                                 East on 84 Road from 33rd Line to Highway 59,

                                 —

                                 South on Highway 59 from 84 Road to Road 78,

                                 —

                                 East on Road 78 from Highway 59 to 13th Line,

                                 —

                                 South on 13 Line from 78 Road to Oxford Road 17,

                                 —

                                 East on Oxford road 17 from 13 line to Oxford Road 4,

                                 —

                                 South on Oxford Road 4 from Oxford Road 17 to County Road 15,

                                 —

                                 East on County Road 15, crossing Highway 401, from Oxford Road 4 to Middletown Line,

                                 —

                                 Middletown Line south, crossing highway 403, from County Road 15 to Old Stage Road,

                                 —

                                 Old Stage Road West from Middletown Line to County Road 59,

                                 —

                                 South on County Road 59 from Old Stage Road to Curries Road,

                                 —

                                 West on Curries Road from County Road 59 to Cedar Line,

                                 —

                                 Cedar Line South from Curries Road to Rivers Road,

                                 —

                                 Rivers Road South West from Cedar Line to Foldens Line,

                                 —

                                 Foldens Line North West from Rivers Road to Sweaburg Road,

                                 —

                                 Sweaburg Road South West from Foldens Line to Harris Street,

                                 —

                                 Harris Street North West from Sweaburg Road to Highway 401,

                                 —

                                 Highway 401 West from Harris Street to Ingersoll Street, (County Road 10),

                                 —

                                 Ingersoll Street (County Road 10) North from Highway 401 to County Road 119,

                                 —

                                 County Road 119 from Ingersoll Street (County Road 10) to the origin where County Road 119 meets 25 Line.

                     WGM

                     VIII

                     P2

                     8.4.2015

                     POU, RAT

                     N, P2

                     CA-2.3

                     Area in the Province of Ontario delimited by the following boundaries:

                                 —

                                 Twnshp Rd 4, west from where it crosses Highway 401 to Blandford Road,

                                 —

                                 North on Blandford Road from Twnshp Rd 4 to Oxford-Waterloo Road,

                                 —

                                 East on Oxford-Waterloo Road from Blandford Road to Walker Road,

                                 —

                                 North on Walker Road from Oxford-Waterloo Road to Bridge St,

                                 —

                                 East on Bridge St from Walker Road to Puddicombe Road,

                                 —

                                 North on Puddicombe Road from Bridge St to Bethel Road,

                                 —

                                 East on Bethel Road from Puddicombe road to Queen Street,

                                 —

                                 South on Queen Street from Bethel Road to Bridge street,

                                 —

                                 East on Bridge Street from Queen Street to Trussler Road,

                                 —

                                 Trussler Road south from Bridge Street to Oxford Road 8,

                                 —

                                 Oxford Road 8 east from Trussler Road to Northumberland Street,

                                 —

                                 South on Northumberland St from Oxford Road 8, continuing as Swan Street/Ayr Road to Brant Waterloo Road,

                                 —

                                 West on Brant Waterloo Road from Swan St/Ayr Road to Trussler Road,

                                 —

                                 South on Trussler Road from Brant Waterloo Road to Township Road 5,

                                 —

                                 West on Township Road 5 from Trussler Road to Blenheim Road,

                                 —

                                 South on Blenheim Road from Township Road 5 to Township Road 3,

                                 —

                                 West on Township Road 3 from Blenheim Road to Oxford Road 22,

                                 —

                                 North on Oxford Road 22 from Township Road 3 to Township Road 4,

                                 —

                                 West on Township Road 4 from Oxford Road 22 to Highway 401.

                     WGM

                     VIII

                     P2

                     18.4.2015

                     POU, RAT

                     N
                     P2


title: Commission Implementing Regulation (EU) 2015/1082 of 3 July 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               4.7.2015

               EN

               Official Journal of the European Union

               L 175/41

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1082
   of 3 July 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 July 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  20,6

                  MA

                  148,6

                  MK

                  39,1

                  ZZ

                  69,4

                  0707 00 05

                  TR

                  106,1

                  ZZ

                  106,1

                  0709 93 10

                  TR

                  116,8

                  ZZ

                  116,8

                  0805 50 10

                  AR

                  117,2

                  BO

                  144,3

                  UY

                  138,8

                  ZA

                  133,3

                  ZZ

                  133,4

                  0808 10 80

                  AR

                  139,5

                  BR

                  104,6

                  CL

                  128,4

                  NZ

                  151,8

                  US

                  164,6

                  ZA

                  125,7

                  ZZ

                  135,8

                  0808 30 90

                  AR

                  165,7

                  CL

                  138,9

                  NZ

                  250,7

                  ZA

                  125,4

                  ZZ

                  170,2

                  0809 10 00

                  IL

                  315,1

                  TR

                  245,1

                  ZZ

                  280,1

                  0809 29 00

                  TR

                  266,8

                  ZZ

                  266,8

                  0809 40 05

                  IL

                  241,9

                  ZZ

                  241,9

         (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) 2015/2346 of 15 December 2015 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 1008/2011, as amended by Council Implementing Regulation (EU) No 372/2013, on imports of hand pallet trucks and their essential parts originating in the People's Republic of China by imports of slightly modified hand pallet trucks originating in the People's Republic of China, and making such imports subject to registration

text:
               16.12.2015

               EN

               Official Journal of the European Union

               L 330/43

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2346
   of 15 December 2015
   initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 1008/2011, as amended by Council Implementing Regulation (EU) No 372/2013, on imports of hand pallet trucks and their essential parts originating in the People's Republic of China by imports of slightly modified hand pallet trucks originating in the People's Republic of China, and making such imports subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 13(3) and 14(5) thereof,
   After having informed the Member States,
   Whereas:
   A.   REQUEST

               (1)

               The European Commission (‘the Commission’) has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on hand pallet trucks and their essential parts originating in the People's Republic of China by imports of slightly modified hand pallet trucks originating in the People's Republic of China, and to make such imports subject to registration.

               (2)

               The request was lodged on 4 November 2015 by BT Products AS, Lifter SRL and PR Industrial SRL, Union producers of hand pallet trucks.

         B.   PRODUCT

               (3)

               The product concerned by the possible circumvention is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, originating in the People's Republic of China, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900019 and 8431200019). For the purpose of this Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks) (‘the product concerned’).

               (4)

               The product under investigation is the same as that defined in the previous recital, but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis having a margin of error equal to or exceeding 1 % of the load, currently falling within the same CN codes as the product concerned but falling within a different TARIC codes (i.e. 8427900090 and 8431200090 until the entry into force of this Regulation) and originating in the People's Republic of China (‘the product under investigation’).

         C.   EXISTING MEASURES

               (5)

               The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation (EU) No 1008/2011 (2) on imports of hand pallet trucks and their essential parts originating in the People's Republic of China, as amended by Council Implementing Regulation (EU) No 372/2013 (3) (‘the existing measures’).

         D.   GROUNDS

               (6)

               The request contains sufficient prima facie evidence that the anti-dumping measures on imports of hand pallet trucks originating in the People's Republic of China are being circumvented by means of practices, processes or work for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping duty.

               (7)

               The prima facie evidence submitted is as follows:

               (8)

               The request demonstrates that prima facie a significant change in the pattern of trade involving exports from the People's Republic of China to the Union has taken place following the increase of the definitive anti-dumping duty on the product concerned by Implementing Regulation (EU) No 372/2013, without sufficient due cause or economic justification for such a change other than the imposition of the duty.

               (9)

               This change appears to stem from the importation of the product under investigation into the Union. The request contains sufficient prima facie evidence that the product under investigation has the same essential characteristics and uses as the product concerned. According to the prima facie evidence in the request, the weight indicating system that is presented with the product under investigation at importation is an inexpensive mechanism that does not give accurate weight readings due to having a margin of error equal to or exceeding 1 % of the load and may be easily removed and discarded after importation as it is not integrated in the chassis. Therefore, the weight indicating system at stake does not alter the essential characteristics and uses of the product concerned, neither transforms the product concerned into ‘weighting trucks’ as the latter have different essential characteristics and uses. However, the investigation covers any practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping duty.

               (10)

               Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient prima facie evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

               (11)

               Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously established.

         E.   PROCEDURE

               (12)

               In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the product under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.

         (a)   Questionnaires

               (13)

               In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the known exporters/producers and to the known associations of exporters/producers in the People's Republic of China, to the known importers and to the known associations of importers in the Union and to the authorities of the People's Republic of China. Information, as appropriate, may also be sought from the Union industry.

               (14)

               In any event, all interested parties should contact the Commission, but not later than the time limit set in Article 3 of this Regulation, and request a questionnaire within the time limit set in Article 3, first subparagraph, of this Regulation, given that the time limit set in Article 3, second subparagraph, of this Regulation applies to all interested parties.

               (15)

               The authorities of the People's Republic of China will be notified of the initiation of the investigation.

         (b)   Collection of information and holding of hearings

               (16)

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

         (c)   Exemption from registration of imports or measures

               (17)

               In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

               (18)

               Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the product under investigation in the People's Republic of China that can show that they are not related (4) to any producer subject to the measures (5) and that are found not to be engaged in circumvention practices as defined in Article 13(1) and (2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3, third subparagraph, of this Regulation.

         F.   REGISTRATION

               (19)

               Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.

         G.   TIME LIMITS

               (20)

               In the interest of sound administration, time limits should be stated within which:

                           —

                           interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,

                           —

                           producers in the People's Republic of China may request exemption from registration of imports or measures,

                           —

                           interested parties may make a written request to be heard by the Commission.

               (21)

               Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time limits laid down in Article 3 of this Regulation.

         H.   NON-COOPERATION

               (22)

               In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

               (23)

               Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available.

               (24)

               If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

               (25)

               Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

         I.   SCHEDULE OF THE INVESTIGATION

               (26)

               The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date the date of entry into force of this Regulation.

         J.   PROCESSING OF PERSONAL DATA

               (27)

               It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).

         K.   HEARING OFFICER

               (28)

               Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

               (29)

               A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered.

               (30)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

         HAS ADOPTED THIS REGULATION:
   Article 1
   An investigation is initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009, in order to determine if imports into the Union of hand pallet trucks and their essential parts, i.e. chassis and hydraulics, with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis having a margin of error equal to or exceeding 1 % of the load, originating in the People's Republic of China, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900030 and 8431200050) are circumventing the measures imposed by Implementing Regulation (EU) No 1008/2011, as amended by Implementing Regulation (EU) No 372/2013.
   Article 2
   The Customs authorities shall, pursuant to Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption from registration and having been found to fulfil the conditions for an exemption to be granted.
   Article 3
   Questionnaires must be requested from the Commission within 15 days from the date of entry into force of this Regulation.
   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of entry into force of this Regulation, unless otherwise specified.
   Producers in the People's Republic of China requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit.
   Interested parties may also apply to be heard by the Commission within the same 37-day time limit.
   Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence.
   All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
   Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of Regulation (EC) No 1225/2009, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
   Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.
   Commission address for correspondence:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1040 Brussels

               BELGIUM

               Email: TRADE-HPT-R637-CIRCUMVENTION@ec.europa.eu

         Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
      Done at Brussels, 15 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 1008/2011 of 10 October 2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 268, 13.10.2011, p. 1).

      (3)  Council Implementing Regulation (EU) No 372/2013 of 22 April 2013 amending Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 112, 24.4.2013, p. 1).

      (4)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half-blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

      (5)  However, even if producers are related in the aforementioned sense to companies subject to the measures in place on imports originating in the People's Republic of China, an exemption may still be granted if there is no evidence that the relationship with the companies subject to the original measures was established or used to circumvent the original measures.

      (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).


title: Commission Implementing Regulation (EU) 2015/2080 of 18 November 2015 amending Regulation (EC) No 2535/2001 as regards the management of import tariff quotas for dairy products originating in Ukraine and the removal of an import tariff quota for dairy products originating in Moldova

text:
               19.11.2015

               EN

               Official Journal of the European Union

               L 302/77

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2080
   of 18 November 2015
   amending Regulation (EC) No 2535/2001 as regards the management of import tariff quotas for dairy products originating in Ukraine and the removal of an import tariff quota for dairy products originating in Moldova
   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 187 thereof,
   Whereas:

               (1)

               By Council Decision 2014/668/EU (2), the Council authorised the signing, on behalf of the European Union, and provisional application, of the Association Agreement between the European Union and its Member States, of the one part, and the Ukraine, of the other part. Title IV of that Agreement and Annex I-A to Chapter I thereto, provide for the elimination of customs duties on imports of goods originating in Ukraine and for tariff rate quotas three of which relate to dairy products. Pending the entry into force of the Agreement, in accordance with Regulation (EU) No 374/2014 of the European Parliament and of the Council (3), the import tariff rate quotas for dairy products for Ukraine have been included by Commission Implementing Regulations (EU) No 415/2014 (4) and (EU) No 1165/2014 (5) in Annex I to Commission Regulation (EC) No 2535/2001 (6) up to 31 December 2015. The Association Agreement will be provisionally applied as of 1 January 2016.

               (2)

               It is therefore appropriate to complete Part L of Annex I to Regulation (EC) No 2535/2001 with the import tariff rate quotas for dairy products for Ukraine for the quota periods from 1 January 2016 onwards.

               (3)

               By Council Decision 2014/492/EU (7), the Council authorised the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. Article 147 of that Agreement provides for the elimination of customs duties on imports into the European Union. Council Regulation (EC) No 55/2008 (8) introducing autonomous trade preferences for the Republic of Moldova and providing for an import quota for dairy products referred to in Article 5(j) of Regulation (EC) No 2535/2001 applies until 31 December 2015. It is therefore appropriate to delete the provisions relating to the import quota for dairy products for Moldova from Regulation (EC) No 2535/2001.

               (4)

               Regulation (EC) No 2535/2001 should therefore be amended accordingly.

               (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
   Regulation (EC) No 2535/2001 is amended as follows:

               (1)

               in Article 5, point (j) is deleted;

               (2)

               in Article 19(1), point (i) is deleted;

               (3)

               Annex I is amended as follows:

                           (a)

                           Part J is deleted;

                           (b)

                           Part L is replaced by the text set out in the Annex to this Regulation.

         Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply for the quota period from 1 January 2016 onwards.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      (3)  Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).

      (4)  Commission Implementing Regulation (EU) No 415/2014 of 23 April 2014 amending and derogating from Regulation (EC) No 2535/2001 as regards the management of the tariff quotas for dairy products originating in Ukraine (OJ L 121, 24.4.2014, p. 49).

      (5)  Commission Implementing Regulation (EU) No 1165/2014 of 31 October 2014 amending Regulation (EC) No 2535/2001 as regards the management of the tariff quotas for dairy products originating in Ukraine (OJ L 314, 31.10.2014, p. 7).

      (6)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

      (7)  Council Decision 2014/492/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 1).

      (8)  OJ L 20, 24.1.2008, p. 1.

      ANNEX

            ‘I.   L

         TARIFF QUOTAS REFERRED TO IN THE APPENDIX TO ANNEX I-A TO CHAPTER I TO THE ASSOCIATION AGREEMENT WITH UKRAINE

                     Quota Number

                     CN Code

                     Description (1)

                     Country of origin

                     Import period

                     Quota quantity
                     (in tonnes in product weight)

                     Quota quantity
                     Six-monthly
                     (in tonnes in product weight)

                     Import duty (EUR/100 kg net weight)

                     09. 4600

                     0401
                     0402 91
                     0402 99
                     0403 10 11
                     0403 10 13
                     0403 10 19
                     0403 10 31
                     0403 10 33
                     0403 10 39
                     0403 90 51
                     0403 90 53
                     0403 90 59
                     0403 90 61
                     0403 90 63
                     0403 90 69

                     Milk and cream, not in powder, granules or other solid forms; yoghurt, not flavoured or containing added fruit, nuts or cocoa; fermented or acidified milk products, not flavoured or containing added fruit, nuts or cocoa and not in powder, granules or other solid forms

                     UKRAINE

                     Year 2016
                     Year 2017
                     Year 2018
                     Year 2019
                     Year 2020
                     Year 2021 and following

                     8 000
                     8 400
                     8 800
                     9 200
                     9 600
                     10 000

                     4 000
                     4 200
                     4 400
                     4 600
                     4 800
                     5 000

                     0

                     09. 4601

                     0402 10
                     0402 21
                     0402 29
                     0403 90 11
                     0403 90 13
                     0403 90 19
                     0403 90 31
                     0403 90 33
                     0403 90 39
                     0404 90 21
                     0404 90 23
                     0404 90 29
                     0404 90 81
                     0404 90 83
                     0404 90 89

                     Milk and cream, in powder, granules or other solid forms; fermented or acidified milk products, in powder, granules or other solid forms, not flavoured or containing added fruit, nuts or cocoa; products consisting of natural milk constituents, not elsewhere specified or included

                     UKRAINE

                     Year 2016
                     Year 2017
                     Year 2018
                     Year 2019
                     Year 2020
                     Year 2021 and following

                     1 500
                     2 200
                     2 900
                     3 600
                     4 300
                     5 000

                     750
                     1 100
                     1 450
                     1 800
                     2 150
                     2 500

                     0

                     09. 4602

                     0405 10
                     0405 20 90
                     0405 90

                     Butter and other fats and oils derived from milk; dairy spreads of a fat content, by weight, of more than 75 % but less than 80 %

                     UKRAINE

                     Year 2016
                     Year 2017
                     Year 2018
                     Year 2019
                     Year 2020
                     Year 2021 and following

                     1 500
                     1 800
                     2 100
                     2 400
                     2 700
                     3 000

                     750
                     900
                     1 050
                     1 200
                     1 350
                     1 500

                     0

         (1)  Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.’


title: Commission Implementing Regulation (EU) No 1032/2013 of 24 October 2013 approving bromoacetic acid as an existing active substance for use in biocidal products for product-type 4 Text with EEA relevance

text:
               25.10.2013

               EN

               Official Journal of the European Union

               L 283/22

         COMMISSION IMPLEMENTING REGULATION (EU) No 1032/2013
   of 24 October 2013
   approving bromoacetic acid as an existing active substance for use in biocidal products for product-type 4
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes bromoacetic acid.

               (2)

               Bromoacetic acid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 4, food and feed area disinfectants, as defined in Annex V to that Directive, which corresponds to product-type 4 as defined in Annex V to Regulation (EU) No 528/2012.

               (3)

               Spain was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 22 January 2011 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 27 September 2013, in an assessment report.

               (5)

               It appears from that report that biocidal products used for product-type 4 and containing bromoacetic acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC.

               (6)

               It is therefore appropriate to approve bromoacetic acid for use in biocidal products for product-type 4.

               (7)

               Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

               (8)

               The evaluation did not address the incorporation of biocidal products containing bromoacetic acid in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of Regulation (EC) No 1935/2004. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.

               (9)

               A reasonable period should be allowed to elapse before an active substance is approved, in order to permit Member States, interested parties, and the Commission where appropriate, to prepare themselves to meet the new requirements entailed.

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Bromoacetic acid shall be approved as an active substance for use in biocidal products for product-type 4, subject to the specifications and conditions set out in the Annex.
   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, 24 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 167, 27.6.2012, p. 1.

      (2)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).

      (3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

      (4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

      ANNEX

                  Common Name

                  IUPAC Name
                  Identification Numbers

                  Minimum degree of purity of the active substance (1)

                  Date of approval

                  Expiry date of approval

                  Product type

                  Specific conditions (2)

                  Bromoacetic acid

                  IUPAC Name:
                  2-bromo-ethanoic acid
                  EC No: 201-175-8
                  CAS No: 79-08-3

                  946 g/kg

                  1 July 2015

                  30 June 2025

                  4

                  The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.
                  Authorisations are subject to the following condition:

                              (1)

                              For industrial or professional users, safe operational procedures and appropriate organisational measures shall be established. Where exposure cannot be reduced to an acceptable level by other means, products shall be used with appropriate personal protective equipment.

                              (2)

                              For products that may lead to residues in food or feed, the need to set new or to amend existing maximum residue levels (MRLs) in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council (4) shall be verified, and any appropriate risk mitigation measures shall be taken to ensure that the applicable MRLs are not exceeded.

                              (3)

                              Products containing bromoacetic acid shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of bromoacetic acid into food or it has been established pursuant to that Regulation that such limits are not necessary.

                        Where a treated article has been treated with or intentionally incorporates bromoacetic acid, and where necessary due to the possibility of skin contact as well as the release of bromoacetic acid under normal conditions of use, the person responsible for placing the treated article on the market shall ensure that the label provides information on the risk of skin sensitisation, as well as the information referred to in the second subparagraph of Article 58(3) of Regulation (EU) No 528/2012.

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 8 of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

         (2)  For the implementation of the common principles of Annex VI to Regulation (EU) No 528/2012, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

         (3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).

         (4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).