title: Commission Implementing Regulation (EU) 2017/377 of 3 March 2017 concerning the non-approval of the active substance Pseudozyma flocculosa strain ATCC 64874 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (Text with EEA relevance. )

text:
               4.3.2017

               EN

               Official Journal of the European Union

               L 58/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/377
   of 3 March 2017
   concerning the non-approval of the active substance Pseudozyma flocculosa strain ATCC 64874 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For Pseudozyma flocculosa strain ATCC 64874 the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2002/305/EC (3).

               (2)

               In accordance with Article 6(2) of Directive 91/414/EEC the Netherlands (hereinafter ‘the rapporteur Member State’) received on 6 March 2001 an application from Maasmond-Westland for the inclusion of the active substance Pseudozyma flocculosa strain ATCC 64874 in Annex I to Directive 91/414/EEC. Decision 2002/305/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 11 March 2004.

               (4)

               Artechno SA took over the responsibility of Maasmond-Westland on 4 June 2012 and in accordance with Article 11(6) of Commission Regulation (EU) No 188/2011 (4) additional information was requested from the applicant.

               (5)

               The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion on the pesticide risk assessment of the active substance Pseudozyma flocculosa strain ATCC 64874 (5) on 22 September 2015. The Authority identified several data gaps. In particular, it was not possible to conclude on the risk assessment for human health and aquatic organisms deriving from the use of Pseudozyma flocculosa strain ATCC 64874.

               (6)

               Consequently, it was not possible to conclude on the basis of the information available that Pseudozyma flocculosa strain ATCC 64874 met the criteria for inclusion in Annex I to Directive 91/414/EEC.

               (7)

               The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 9 of Regulation (EU) No 188/2011, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

               (8)

               However, despite the arguments put forward by the applicant, the concerns referred to in recital 5 could not be eliminated. Consequently, it has not been demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing Pseudozyma flocculosa strain ATCC 64874 satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

               (9)

                  Pseudozyma flocculosa strain ATCC 64874 should therefore not be approved pursuant to Article 13(2) of Regulation (EC) No 1107/2009.

               (10)

               In accordance with Article 8(1)(b) of Directive 91/414/EEC, Member States were given the possibility to grant provisional authorisations, for plant protection products containing Pseudozyma flocculosa strain ATCC 64874 for an initial period of three years.

               (11)

               Existing authorisations should consequently be withdrawn.

               (12)

               Member States should be provided with time to withdraw authorisations for plant protection products containing Pseudozyma flocculosa strain ATCC 64874.

               (13)

               For plant protection products containing Pseudozyma flocculosa strain ATCC 64874, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 24 June 2018.

               (14)

               This Regulation does not prejudice the submission of a further application for Pseudozyma flocculosa strain ATCC 64874 in accordance with Article 7 of Regulation (EC) No 1107/2009.

               (15)

               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
   Non-approval of active substance
   The active substance Pseudozyma flocculosa strain ATCC 64874 is not approved.
   Article 2
   Transitional measures
   Member States shall withdraw existing authorisations for plant protection products containing Pseudozyma flocculosa strain ATCC 64874 as active substance by 24 June 2017 at the latest.
   Article 3
   Grace Period
   Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 24 June 2018 at the latest.
   Article 4
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 March 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

      (3)  Commission Decision 2002/305/EC of 19 April 2002 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of clothianidin and Pseudozyma flocculosa in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market (OJ L 104, 20.4.2002, p. 42).

      (4)  Commission Regulation (EU) No 188/2011 of 25 February 2011 laying down detailed rules for the implementation of Council Directive 91/414/EEC as regards the procedure for the assessment of active substances which were not on the market 2 years after the date of notification of that Directive (OJ L 53, 26.2.2011, p. 51).

      (5)  EFSA Journal 2015;13(9):4250 [32 pp.]. Available online: www.efsa.europa.eu


title: Commission Implementing Regulation (EU) 2016/62 of 20 January 2016 fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 January 2016 are based under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat

text:
               21.1.2016

               EN

               Official Journal of the European Union

               L 14/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/62
   of 20 January 2016
   fixing the allocation coefficient to be applied to the quantities on which applications for import licences and applications for import rights lodged from 1 to 7 January 2016 are based under the tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat
   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 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 616/2007 (2) opened annual tariff quotas for imports of poultrymeat products originating in Brazil, Thailand and other third countries.

               (2)

               The quantities on which applications for import licences lodged from 1 to 7 January 2016 for the subperiod from 1 April to 30 June 2016 are based relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

               (3)

               The quantities on which applications for import rights lodged from 1 to 7 January 2016 for the subperiod from 1 April to 30 June 2016 are based relate, for some quotas, to quantities exceeding those available. The extent to which import rights may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities on which applications for import licences lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 April to 30 June 2016 are based shall be multiplied by the allocation coefficient set out in Part A of the Annex hereto.
   2.   The quantities on which applications for import rights lodged pursuant to Regulation (EC) No 616/2007 for the subperiod from 1 April to 30 June 2016 are based shall be multiplied by the allocation coefficient set out in Part B of 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, 20 January 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries (OJ L 142, 5.6.2007, p. 3).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX
      PART A

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the sub-period from 1 April to 30 June 2016
                  (%)

                  1

                  09.4211

                  0,325241

                  2

                  09.4212

                  0,775495

                  4A

                  09.4214

                  —

                  09.4251

                  1,646051

                  09.4252

                  —

                  6A

                  09.4216

                  0,323564

                  09.4260

                  0,37908

                  7

                  09.4217

                  —

                  8

                  09.4218

                  —

            PART B

                  Group No

                  Order No

                  Allocation coefficient — applications lodged for the sub-period from 1 April to 30 June 2016
                  (%)

                  5A

                  09.4215

                  0,65244

                  09.4254

                  —

                  09.4255

                  —

                  09.4256

                  —


title: Commission Implementing Regulation (EU) No 1377/2013 of 19 December 2013 on the issue of import licences for applications lodged during the first seven days of December 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat

text:
               20.12.2013

               EN

               Official Journal of the European Union

               L 346/49

         COMMISSION IMPLEMENTING REGULATION (EU) No 1377/2013
   of 19 December 2013
   on the issue of import licences for applications lodged during the first seven days of December 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
   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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,
   Whereas:
   The applications for import licences lodged during the first seven days of December 2013 for the subperiod from 1 January to 31 March 2014 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The quantities for which import licence applications have been lodged for the subperiod from 1 January to 31 March 2014 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 20 December 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 December 2013.

            For the Commission, On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 309, 27.11.2007, p. 47.

      ANNEX

                  Group No

                  Order No

                  Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2014-31.3.2014
                  (%)

                  1

                  09.4410

                  0,250375

                  2

                  09.4411

                  0,253228

                  3

                  09.4412

                  0,267952

                  4

                  09.4420

                  0,26178

                  6

                  09.4422

                  0,262743


title: Commission Implementing Regulation (EU) 2016/2264 of 15 December 2016 on the minimum selling price for skimmed milk powder for the first partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
               16.12.2016

               EN

               Official Journal of the European Union

               L 342/26

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2264
   of 15 December 2016
   on the minimum selling price for skimmed milk powder for the first partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
   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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

               (2)

               In the light of the tenders received for the first partial invitation to tender, a minimum selling price should be fixed.

               (3)

               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
   For the first partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 13 December 2016, the minimum selling price shall be 215,10 EUR/100 kg.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 December 2016.

            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 206, 30.7.2016, p. 71.

      (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) No 793/2013 of 20 August 2013 establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian herring stock  Text with EEA relevance

text:
               21.8.2013

               EN

               Official Journal of the European Union

               L 223/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 793/2013
   of 20 August 2013
   establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian herring stock
   (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 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               The stock of Atlanto-Scandian herring (also referred to as Norwegian spring-spawning herring) is the largest herring stock of the world. It produced catches of the order of 1 million to 2 million tonnes. However, heavy exploitation due to overfishing led the stock to collapse and to the cessation of all fisheries for more than two decades between the early 1970s and the mid 1990s, with very severe consequences for the fleets that exploited that stock.

               (2)

               The stock of Atlanto-Scandian herring was managed, since the recovery of the stock and the re-opening of the fishery in 1996, following consultations among the five parties whose economic exclusive zone (EEZ) is visited by this fish during its migration cycle: the Russian Federation, Norway, the Faeroe Islands, Iceland and the European Union (hereinafter ‘the coastal States’).

               (3)

               Since 2007, the arrangements agreed during the coastal States’ consultations included definitive rules on the sharing of the total allowable catch and a commitment to maintain the relative stability of the shares for future years. The shares agreed for the stock of Atlanto-Scandian herring were 5,16 % for the Faeroe Islands, 14,51 % for Iceland, 6,51 % for the Union, 61 % for Norway and 12,82 % for the Russian Federation. Furthermore, the coastal states also had a long-standing agreement to review and revise the commonly agreed management arrangements only jointly, on the basis of new scientific advice and by a given date.

               (4)

               To facilitate the setting of total allowable catches, the coastal States had agreed and implemented, on the basis of the available scientific knowledge, a long-term management plan consistent with the precautionary approach, intended to keep harvesting within safe biological limits and designed to ensure sustainable fisheries.

               (5)

               This long-term management plan aimed at avoiding that the stock would fall below the biomass level of 2 500 000 tonnes and to make all efforts to maintain it above 5 000 000 tonnes, the level believed to produce maximum sustainable yield. This was to be done by restricting harvesting in a manner consistent with a fishing mortality of 0,125. It was agreed that, if the biomass level fell below the level of 5 000 000 tonnes, the fishing mortality should be reduced in order to ensure a rapid recovery of the stock.

               (6)

               In September 2012 the International Council for the Exploration of the Seas (ICES) recommended, in accordance with the precautionary approach set out in the management plan, that the total allowable catch (TAC) for the five coastal States should be no more than 619 000 tonnes in 2013, which represents a decrease of 26 % compared to the TAC fixed for 2012.

               (7)

               In the coastal State consultations held from October 2012 through January 2013 in order to negotiate the arrangements for 2013, the representatives of the Faeroe Islands consistently and repeatedly stated their refusal to continue the current sharing arrangement. Arrangements for 2013 were finally concluded 18 January 2013 by just four coastal States, in order to maintain a coordinated management of the stock by coastal States as far as possible. The agreed record of those consultations, dated 23 January 2013, states that: ‘The Delegations expressed their concern that the Faeroe Islands have withdrawn from the Coastal States agreement without prior notification’. Given the impossibility to agree an arrangement with five parties due to the Faeroese withdrawal from the consultations, it was agreed amongst the remaining four parties to take account of the fishing interests of the Faeroe Islands by setting aside their traditional share, i.e. the share that the Faeroe Islands have held since the 2007 arrangement, which corresponded to 31 000 tonnes (5,16 % of the TAC).

               (8)

               In the course of the coastal state consultations leading up to 23 January 2013, the representatives of the Faeroe Islands did not make any demand for a precise share, they did not make any written or oral proposal for a new sharing arrangement, they did not seek to engage with the four other parties, and they did not make any effort to cooperate in discussing an arrangement for 2013.

               (9)

               The Fisheries Minister of the Faeroe Islands announced in a statement of 26 March 2013 that a catch limit of 105 230 tonnes had been set unilaterally for the Faeroese fleet, which represents 17 % of the recommended TAC or more than three times the share that would correspond to an application of the previously agreed arrangements and an increase by 145 % of their share in 2012. That unilateral announcement is to be assessed in the light of the above-mentioned scientific advice to reduce catches in 2013 by 26 %. With that announcement, the Faeroe Islands also de facto abandoned the jointly agreed management plan.

               (10)

               By those actions, the Faeroe Islands have failed to cooperate with the Union and with the other coastal States in the management of a stock of common interest, the Atlanto-Scandian herring, and have failed to comply with the obligations under Article 61(2), Article 63(1) and (2) and Articles 118, 119 and 300 of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and Articles 5 and 6 and Article 8(1) and (2) of the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA).

               (11)

               If the catch limits set out by the four coastal States and the Faeroe Islands were reached, the total catch would amount to 692 290 tonnes, which would constitute an overfishing compared to the recommended TAC. According to the assessments and catch forecasts made by ICES when delivering advice for the management of the 2013 fishing season (2), such a catch would lead the spawning stock biomass (SSB) at the beginning of 2014 to a level of 4 200 000 tonnes, well below the level of 5 000 000 tonnes that is expected to produce maximum sustainable yield.

               (12)

               Furthermore, new publicly available scientific evidence provided by ICES in May 2013 (3) confirms that the the long-term management plan as currently designed (aiming at a fishing mortality of 0,125) is precautionary whilst an increase of the target fishing mortality to a value of 0,15, which happens to be equivalent to that resulting from the increase of the Faeroese share, makes the plan become non-precautionary, with associated increased risk of stock collapse.

               (13)

               According to Article 3 of Regulation (EU) No 1026/2012, a country may be identified as a country allowing non-sustainable fishing where: (a) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UNFSA), or any other international agreement or norm of international law; and (b) either: (i) it fails to adopt necessary fishery management measures; or (ii) it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union, lead to fishing activities which could result in the stock being in an unsustainable state.

               (14)

               As a result of the above considerations, the Faeroe Islands meet all the criteria to be identified as a country allowing non-sustainable fishing and therefore the Commission may hence adopt the measures provided for in Regulation (EU) No 1026/2012.

               (15)

               The Commission, pursuant to Article 6 of Regulation (EU) No 1026/2012, decided to notify the Home Government of the Faeroe Islands and the Government of Denmark, by decision of 17 May 2013 (4) and letter of the same date, its intention to identify the Faeroe Islands as a country allowing non-sustainable fishing, indicating the reasons for that identification and describing the possible measures that may be taken pursuant to that Regulation. The Home Government of the Faeroe Islands acknowledged receipt of the letter the same day.

               (16)

               By 17 June 2013, the Home Government of the Faeroe Islands responded to the notification contesting the arguments put forward by the Commission with its own arguments, namely, that they have not withdrawn from the consultations, that they continue to be committed to finding a negotiated solution to the sharing of the stock and that the EU has not the right to use coercive measures. However, but did neither express any intention to amend its decision on the unsustainable catch limits for 2013 nor it did give any clear justification for their high catch limit for 2013, beyond a not-substantiated allegation of ‘an increased occurrence of this stock in recent years in maritime areas under Faeroese jurisdiction’.

               (17)

               The Commission examined the existing scientific literature on the subject and only found statements pointing to occasional occurrence of herring in Faeroese waters for longer time in the season, but did not find any reference allowing to interpret this phenomenon as a stable or permanent increase in abundance. As to the argument advanced by the Faeroe Islands that the stock will fall below MSY in 2014 in any case, and not as a consequence of their increased unilateral share, it should be noted that, according to the latest scientific advice (see recital 12 above), while the stock may recover to MSY, it will remain longer below that level and under a higher danger of stock collapse if the current target fishing mortality is increased to a value equivalent as that resulting from the increased Faeroese share.

               (18)

               The Commission, following a detailed analysis of the arguments of the Home Government of the Faeroe Islands, concluded that these do not constitute a rebuttal of the reasons of the Commission’s notification or an objective reason to justify the lack of cooperation of this country. That conclusion, taken together with the unwillingness to rectify the unilateral catch limits for 2013, leads the Commission to conclude that the Faeroe Islands continue to meet the criteria to be identified as a country allowing non-sustainable fishing.

               (19)

               Therefore, the Commission considers that it is necessary to adopt measures pursuant to Article 4 of Regulation (EU) No 1026/2012.

               (20)

               Those measures need to be effective and proportionate to achieve their conservation objective and should prevent the Faeroe Islands to take advantage of the Union markets, ports and facilities to maintain its unsustainable fishery for herring.

               (21)

               In addition, the Commission has evaluated the environmental, trade, economic and social effects in the short and long terms of the measures which may be adopted pursuant to Article 4(1) of Regulation (EU) No 1026/2012, as well as the administrative burden associated with their implementation.

               (22)

               On the basis of that evaluation it appears appropriate to adopt, as a first step, certain measures listed in points (c), (d), (e) and (i) of Article 4(1) of Regulation (EU) No 1026/2012. Should those measures prove ineffective and should the Faeroe Islands continue to allow non-sustainable fishing, further measures may be established.

               (23)

               The Faeroese fishery for herring, conducted by mid-water trawlers, can be a directed fishery in the colder months of the year, but it is a mixed fishery in late spring and summer, when herring and mackerel are caught in similar quantities. Both species can be caught by the same vessel in the same haul, in the same fishing trip or in the same fishing grounds along the season. Mackerel is thus an associated species with herring. Consequently, by continuing to catch and export mackerel, the Faeroe Islands would be led to also continue to catch high amounts of herring, which is a necessary by-catch, even if herring could not be exported to the Union. Therefore, by not including also mackerel imports in the measures the effectiveness of a ban on the imports of herring would be undermined as a means to prevent further damage to the sustainability of the herring stock. Mackerel cohabits with herring to such an extent that, while fishing for mackerel in fisheries under the control of Faeroe Islands, there is always a risk to catch herring. Therefore, all mackerel caught under the control of the Faeroe Islands is susceptible of having been caught together with herring. As a consequence, in order for trade measures to be effective, they should cover both herring and mackerel.

               (24)

               In assessing the proportionality of the measures, and in particular in deciding whether restrictions on the trade of the main species caught during the herring fishery should be limited to a a certain amount or should prohibit all imports, the Commission examined whether alternative measures other than a total ban of imports of all products made from or containing herring or mackerel could be envisaged as more proportionate measures. Three possible alternatives have been assessed: (i) a quantitative restriction of all products, limiting the imports to the traditional exchanges, (ii) a total ban of only fresh, frozen and canned fish, not including more elaborated products such as fish meal and oil, and (iii) an import ban limited to herring and herring products only. While the first of these three options could be highly effective given the high importance of fish meal exports from Faeroe Islands into the EU, it is taken as too burdensome at this stage, especially taking into account that, on the one hand, it may affect sectors of the Faeroese fishing industry not directly related to the pelagic catching sector and, on the other hand, it will create a high administrative burden associated to the analysis of fish meal and oil samples in specialised laboratories in order to determine their composition by species. The third alternative, as said above, is considered inefficient as long as its potential economic consequences can easily be offset by mackerel exports. The second alternative offers therefore the best balance between the means and their desired effects and there are no less onerous measures to achieve the necessary result.

               (25)

               In assessing the proportionality, the Commission also examined whether the other measures than import restrictions, and notably restrictions on the use of ports, are necessary. Because the use of ports for refuelling, landing, exchange of crews, repairs and rest constitute routine and necessary activities linked to the catching of herring, the Commission concluded that such measures are also necessary and no alternative less restrictive measures are possible to avoid that the fleets of the Faeroe Islands takes advantage of EU facilities to prosecute unsustainable herring fisheries.

               (26)

               In evaluating the environmental, trade, economic and social effects of the measures in the short and long term, as well as the administrative burden associated with their implementation, it can be concluded that the measures are reasonable and will not have unacceptable effects or create an undue burden. The environmental effects of the measures are sound because they are expected to contribute to improving the sustainability of the stock of herring. Their trade effects will be moderate because, although immediate economic effects are to be expected, alternative exchange mechanisms can be found in the medium term and at the end no shortage in supplies is to be expected within the EU. The economic and social effects are expected to be moderate in the short term, since they will be associated to trade effects; however, in the medium and long terms, if the measures achieve the desired effects, will necessarily be very positive especially for a number of fleets whose economic dependence from pelagic fish is high. The adminstrative burden from the measures will be relatively low if one considers that most of the control means, including personnel, necessary in order to enforce the measures in Member States exist already.

               (27)

               Finally, the Commission examined the compatibility of the measures with international law and concluded that they relate to the conservation of an exhaustable fish stock and aim at the avoidance of over-exploitation of the stock made effective, since the measures aim to maintain the Atlanto-Scandian herring stock within safe biological limits. The measures are made effective in conjunction with the Union’s own conservation measures (Article 5(1)(b) of Regulation (EU) No 1026/2012). In particular, the Union has reduced its catches by 26 %, in line with the recommendation by the International Council for the Exploration of the Seas (ICES), and the Union is applying fully the conditions and limitations of the long-term management plan, which has been agreed and applied by the coastal states since 1999 and has been confirmed again by the ICES in May 2013 as consistent with the precautionary approach and as the right management approach to keep harvesting within safe biological limits. Furthermore, there is no conclusive scientific evidence pointing to a higher share in the Atlanto-Scandian herring fishery to which the Faeroe Islands would be entitled; therefore, a reduction of their catches as recommended by the ICES for 2013 would have been appropriate.

               (28)

               Consequently, the measures to be adopted as a fist step should include: (a) the prohibition of imports of herring and mackerel form the Atlanto-Scandian stocks as well as of fishery products containing or made of such fish and (b) restrictions on the use of Union ports by vessels fishing for the Atlanto-Scandian herring and mackerel stocks under the control of the Faeroe Islands and by vessels transporting fish or fisheries products stemming from that fishery. In order to facilitate the enforcement of the measures applicable to vessels conducting fisheries on the relevant herring or mackerel stocks or transporting fish or fishery products stemming form those stocks, Member States should be provided with lists of those vessels. In order to determine whether herring or mackerel have been caught under the control of the Faeroe Islands, use should be made of the catch certification scheme set out in Chapter III of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (5).

               (29)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation identifies the Faeroe Islands as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock and establishes measures in respect of the Faeroe Islands to ensure the long-term conservation of that stock.
   Article 2
   Scope and objectives
   This Regulation shall apply to the fishery for Atlanto-Scandian herring conducted under the control of the Faeroe Islands. It has the objective of ensuring long-term sustainability of the stock of Atlanto-Scandian herring.
   Article 3
   Definitions
   For the purposes of this Regulation, the following definitions shall apply:

               (a)

               ‘Atlanto-Scandian herring stock’ means the stock of herring (Clupea harengus) in ICES (International Council for the Exploration of the Sea) subareas I, II, V, XII and XIV (6).

               (b)

               ‘Atlanto-Scandian herring’ means fish from the Atlanto-Scandian herring stock.

               (c)

               Mackerel is fish from the species Scomber scombrus that has been caught in the areas occupied by Atlanto-Scandian herring.

               (d)

               ‘Caught under the control of the Faeroe Islands’ means caught by vessels flying the flag of the Faeroe Islands, or by vessels flying the flag of another State which have been authorised to fish in the Faeroe Islands’ exclusive economic zone or have been chartered by a Faeroese firm or by Faeroese authorities.

         Article 4
   Identification
   The Faeroe Islands shall be identified as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock.
   Article 5
   Measures
   1.   It shall be prohibited to introduce into the territory of the Union, including for transhipment purposes at ports, fish or fishery products set out in Annex which consist of, are made of, or contain Atlanto-Scandian herring or mackerel caught under the control of the Faeroe Islands.
   2.   The use of Union ports by vessels flying the flag of the Faeroe Islands that fish for Atlanto-Scandian herring or mackerel and by vessels transporting the fish or the fishery products stemming from Atlanto-Scandian herring or mackerel that have been caught either by vessels flying the flag of that country or by vessels authorised by it while flying another flag shall be prohibited. This prohibition shall not apply in cases of force majeure or distress within the meaning of Article 18 of the 1982 United Nations Convention on the Law of the Sea for services strictly necessary to remedy those situations.
   Article 6
   Implementation
   1.   The competent authorities of the Member States shall make use of the catch certification scheme laid down in Chapter III of Regulation (EC) No 1005/2008 to identify any product covered by the prohibition set out in Article 5(1) of this Regulation.
   2.   In order to facilitate the implementation of the prohibition set out in Article 5(2), Member States shall be provided with indicative lists of vessels that, according to reliable sources of data, have fished or are currently fishing for Atlanto-Scandian herring or mackerel under the control of the Faeroe Islands.
   Article 7
   Entry into force
   This Regulation shall enter into force on the seventh 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, 20 August 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 316, 14.11.2012, p. 34.

      (2)  http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2012/2012/her-noss.pdf

      (3)  http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2013/Special%20requests/NEAFC%20NSS%20herring%20MP.pdf

      (4)  Decision C(2013) 2853 of 17.5.2013.

      (5)  OJ L 286, 29.10.2008, p. 1.

      (6)  As specified in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

      ANNEX

         List of fish and fishery products whose introduction in to the territory of the Union is prohibited

                  Species

                  Products (Harmonised System (HS) nomenclature)

                  Herring (Clupea harengus)

                  ex 0302 41
                  ex 0302 90
                  ex 0303 51
                  ex 0303 90 90
                  ex 0304 59 50
                  ex 0304 86
                  ex 0304 99 23
                  ex 0305 42
                  ex 0305 59 30
                  ex 0305 61
                  ex 0305 72
                  ex 0305 79
                  ex 1604 12
                  ex 1604 20 90

                  Mackerel (Scomber scombrus)

                  ex 0302 44
                  ex 0303 54
                  ex 0304 49 90
                  ex 0304 89 49
                  ex 0304 99 99
                  ex 0305 49 30
                  ex 1604 15
                  ex 1604 20 50


title: Commission Implementing Regulation (EU) No 1160/2012 of 7 December 2012 amending Regulation (EU) No 206/2010 as regards the model veterinary certificate for domestic bovine animals intended for transit from the region of Kaliningrad to other regions of Russia via the territory of Lithuania  Text with EEA relevance

text:
               8.12.2012

               EN

               Official Journal of the European Union

               L 336/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 1160/2012
   of 7 December 2012
   amending Regulation (EU) No 206/2010 as regards the model veterinary certificate for domestic bovine animals intended for transit from the region of Kaliningrad to other regions of Russia via the territory of Lithuania
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (1), and in particular the first subparagraph of Article 6(1), Article 7(e) and Article 13(1) thereof,
   Whereas:

               (1)

               Directive 2004/68/EC lays down the animal health requirements for the transit through the Union of live ungulates. It provides that specific provisions, including model veterinary certificates, may be laid down for the transit through the Union of live ungulates from authorised third countries, provided that such animals transit the territory of the Union under customs and official veterinary approval and supervision through approved border inspection posts and without any stop on Union territory other than those necessary for animal welfare purposes.

               (2)

               Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (2) lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals, including ungulates. Annex I to that Regulation sets out a list of third countries, territories or parts thereof from which such consignments may be introduced into the Union, together with models of veterinary certificates to accompany those consignments.

               (3)

               The requirements for the transit of live bovine animals for breeding and production from the region of Kaliningrad (Kaliningradskaya oblast) through the territory of Lithuania, towards other regions of Russia, currently provide for certification, inter alia, that, prior to movement, the animals had remained in the territory of Kaliningrad since birth or for at least six months before the date of dispatch via the Union and without contact with imported cloven-hoofed animals for the last 30 days.

               (4)

               Russia has requested a revision of those requirements, in order to permit the transit through the territory of Lithuania of live bovine animals for breeding and production originating in the Union but which had been introduced into the region of Kaliningrad, without requiring that they be previously kept for a minimum period in that region.

               (5)

               Taking into account the favourable animal health situation in the Union, it is appropriate to provide for an alternative certification requirement for the transit of such animals from Kaliningrad through the territory of Lithuania, to other parts of the territory of Russia, by means of road vehicles. However, in order to safeguard the animal health status of the Union, such transit should only be permitted where appropriate certification is provided that, following their introduction into Kaliningrad, the animals were kept in facilities where only animals of Union origin were kept.

               (6)

               The model veterinary certificate ‘BOV-X-TRANSIT-RU’, set out in Part 2 of Annex I to Regulation (EU) No 206/2010 should therefore be amended accordingly.

               (7)

               Regulation (EU) No 206/2010 should therefore be amended accordingly.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Part 2 of Annex I to Regulation (EU) No 206/2010, the model veterinary certificate BOV-X-TRANSIT-RU is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 139, 30.4.2004, p. 321.

      (2)  OJ L 73, 20.3.2010, p. 1.

      ANNEX

         ‘Model BOV-X-TRANSIT-RU


title: Commission Implementing Regulation (EU) No 445/2013 of 14 May 2013 concerning the authorisation of hydroxy-analogue of selenomethionine as a feed additive for all animal species  Text with EEA relevance

text:
               15.5.2013

               EN

               Official Journal of the European Union

               L 130/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 445/2013
   of 14 May 2013
   concerning the authorisation of hydroxy-analogue of selenomethionine as a feed additive for all animal species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of hydroxy-analogue of selenomethionine. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of hydroxy-analogue of selenomethionine, an organic compound of selenium, as a feed additive for all animal species, to be classified in the additive category ‘nutritional additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 11 December 2012 (2) that, under the proposed conditions of use, hydroxy-analogue of selenomethionine does not have an adverse effect on animal health, human health or the environment and that its use may be considered as an effective source of selenium for all animal species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

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

               (6)

               The Authority concluded that the limitation of the supplementation with organic selenium should apply to the already authorised organic selenium compounds, the selenised yeasts, and hydroxy-analogue of selenomethionine. Thus, in case inorganic compounds of selenium are also added to the feed, the supplementation with organic selenium should not exceed 0,2 mg per kg complete feed.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘compounds of trace elements’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that 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, 14 May 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  EFSA Journal 2013; 11(1):3046.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Content of element (Se) in mg/kg of complete feed with a moisture content of 12 %

                     Category of nutritional additives. Functional group: compounds of trace elements

                  3b814

                  —

                  Hydroxy-analogue of selenomethionine

                                 Characterisation of the additive

                                          Solid and liquid preparation of Hydroxy-analogue of selenomethionine

                                          Content of selenium: 18 000 to 24 000 mg Se/kg

                                          Organic selenium > 99 % of total Se

                                          Hydroxy-analogue of selenomethionine > 98 % of total Se

                                          Solid preparation: 5 % Hydroxy-analogue of selenomethionine and 95 % carrier

                                          Liquid preparation: 5 % Hydroxy-analogue of selenomethionine and 95 % distilled water

                                 Characterisation of the active substance

                                          Organic selenium from hydroxy-analogue of selenomethionine (R,S-2-hydroxy-4-methylselenobutanoic acid)

                                          Chemical formula: C5H10O3Se

                                          CAS number 873660-49-2

                                 Analytical method
                                  (1)

                                          For the determination of hydroxy analogue of methionine in the feed additive:

                                                      —

                                                      High performance liquid chromatography coupled to UV detection at 220 nm (HPLC-UV)

                                          For the determination of total selenium in the feed additive:

                                                      —

                                                      Inductively coupled plasma mass spectrometry (ICPMS) after microwave digestion with HNO3/H2O2, or

                                                      —

                                                      Inductively coupled plasma atomic emission spectrometry (ICPAES) after digestion with HNO3/HCl

                                          For the determination of total selenium in premixtures and feed:

                                                      —

                                                      Hydride generation atomic absorption spectrometry (HGAAS) after microwave digestion with HNO3/H2O2 (EN 16159:2012)

                  All species

                  —

                  0,50 (total)

                              1.

                              The additive shall be incorporated into feed in the form of a premixture.

                              2.

                              For user safety: breathing protection, safety glasses and gloves should be worn during handling.

                              3.

                              Maximum supplementation with organic selenium:
                              0,20 mg Se/kg of complete feed with a moisture content of 12 %.

                  4 June 2023

         (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/authorisation/evaluation_reports/Pages/index.aspx


title: Commission Implementing Regulation (EU) 2015/1507 of 9 September 2015 amending Council Implementing Regulation (EU) No 1371/2013 extending a definitive anti-dumping duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports consigned, inter alia, from India, whether declared as originating in India or not

text:
               10.9.2015

               EN

               Official Journal of the European Union

               L 236/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1507
   of 9 September 2015
   amending Council Implementing Regulation (EU) No 1371/2013 extending a definitive anti-dumping duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports consigned, inter alia, from India, whether declared as originating in India or not
   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 11(3) and 13(4) thereof,
   Whereas:
   A.   MEASURES IN FORCE

               (1)

               By Implementing Regulation (EU) No 791/2011 (2), the Council imposed a residual anti-dumping duty of 62,9 % on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China (‘the PRC’).

               (2)

               Following to an anti-circumvention investigation, the above measures were extended to imports of certain open mesh fabrics of glass fibres consigned, inter alia, from India, whether declared as originating in India or not, by Council Implementing Regulation (EU) No 1371/2013 (3) (‘the extended measures’).

         B.   REQUEST FOR A REVIEW

               (3)

               The European Commission (‘the Commission’) subsequently received a request for a partial interim review pursuant to Articles 11(3) and 13(4) of the basic Regulation.

               (4)

               The request was lodged by Pyrotek India Pvt. Ltd (‘the applicant’), an exporting producer of certain open mesh fabrics of glass fibres from India (‘the country concerned’), and was limited in scope to the possibility of obtaining an exemption from the extended measures.

               (5)

               The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(3) and 13(4) of the basic Regulation. The Commission thus initiated an investigation on 23 September 2014 by publishing a notice of initiation in the Official Journal of the European Union
                   (4).

         C.   PRODUCT UNDER REVIEW

               (6)

               The product subject to the present review is open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding glass fibre discs, originating in in the People's Republic of China or consigned from India, whether declared as originating in India or not (‘the product under review’), currently falling within CN codes ex 7019 51 00 and ex 7019 59 00.

         D.   INVESTIGATION

   (a)   Investigation period

               (7)

               The investigation period covered the period from 1 January 2010 to 30 June 2014, while the reporting period covered the period from 1 July 2013 to 30 June 2014.

               (8)

               The Commission officially advised Pyrotek and the representatives of India of the initiation of the review. Interested parties were invited to make their views known and were informed of the possibility to request a hearing. No such request was received.

               (9)

               The Commission sent a questionnaire to Pyrotek and received a reply within the given deadline. The Commission sought and verified all the information necessary for the purposes of the review. A verification visit was carried out at the premises of Pyrotek in Chennai and in Pune, India.

         (b)   The applicant

               (10)

               The applicant is the Indian subsidiary of the US-based multinational group Pyrotek. The Pyrotek group is a supplier of various sorts of consumables and tools to the metal and aluminium industry.

               (11)

               In particular, the applicant produces the product under review in its Indian plant in Chennai and sells it to its related companies in the Union. The related companies in the Union in the majority of the cases further process the product under review and sell the resulting product to the final customers.

         (c)   Findings of the investigation

               (12)

               The investigation showed that the applicant started the production of the product under review in August 2011, and confirmed that the applicant was capable of producing the entire quantity that it has exported to the Union since the start of the investigation period of the investigation leading to the imposition of the extended measures. In particular, it was found that the sales volumes were compatible with the production capacity and with the purchase of raw material (yarn).

               (13)

               The investigation also showed that the applicant is not related to any exporting producer subject to the measures in force.

               (14)

               The investigation further confirmed that the applicant was not engaged in circumvention practices as defined in Article 13 of the basic Regulation.

               (15)

               In particular, the investigation established that, although a significant amount of raw material (in particular, yarn) is purchased from the People's Republic of China, this could not be considered to constitute an assembly operation pursuant to article 13(2) of the basic Regulation.

               (16)

               In view of these findings, the Commission established that the applicant is a genuine producer of the product under review, and that therefore it should be exempted from the extended measures.

         E.   PROCEDURE

               (17)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009.

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 1(1) and (2) of Regulation (EU) No 1371/2013 are replaced by the following::

      ‘1.   The definitive anti-dumping duty applicable to “all other companies” imposed by Article 1(2) of Regulation (EU) No 791/2011 on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, originating in the People's Republic of China, is hereby extended to imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, currently falling in CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019510014, 7019510015, 7019590014 and 7019590015) with the exception of those produced by Montex Glass Fibre Industries Pvt.Ltd (TARIC additional code B942) and by Pyrotek India Pvt. Ltd (TARIC additional code C051).
      2.   The application of the exemption granted to Montex Glass Fibre Industries Pvt. Ltd and to Pyrotek India Pvt. Ltd shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 shall apply.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 September 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 791/2011 of 3 August 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China (OJ L 204, 9.8.2011, p. 1).

      (3)  Council Implementing Regulation (EU) No 1371/2013 of 16 December 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (OJ L 346, 20.12.2013, p. 20).

      (4)  Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China, as extended to imports consigned from India, whether declared as originating in India or not (OJ C 330, 23.9.2014, p. 8).


title: Commission Implementing Regulation (EU) No 497/2011 of 18 May 2011 concerning the classification of certain goods in the Combined Nomenclature

text:
               21.5.2011

               EN

               Official Journal of the European Union

               L 134/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 497/2011
   of 18 May 2011
   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 which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

               The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

         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 issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the 20th 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 May 2011.

            For the Commission, On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                              1.

                              Syrupy flavoured liquid with the following composition (percentage by weight):

                                          Water

                                          65,13

                                          Cane sugar

                                          28,47

                                          Lime juice

                                          3,18

                                          Citric acid

                                          1,49

                                          Lemon juice

                                          1,18

                                          Flavouring

                                          0,46

                                          Colourings

                                          0,0003

                                          Excipients

                                    After dilution with water or alcohol the preparation is ready to drink as a cocktail.

                  2106 90 59

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106, 2106 90 and 2106 90 59.
                  Because the product is undrinkable on its own, classification as a beverage in Chapter 22 is to be excluded.
                  Because of its composition, the product containing flavouring and colouring matter is to be classified as a flavoured sugar syrup of CN code 2106 90 59.
                  See also HS Explanatory Notes to heading 2106, point (12).

                              2.

                              Syrupy flavoured liquid with the following composition (percentage by weight):

                                          Water

                                          51,27

                                          Cane sugar

                                          28,40

                                          Raspberry juice

                                          10,60

                                          Raspberry purée

                                          8,20

                                          Flavouring

                                          0,18

                                          Colourings

                                          0,02

                                          Excipients

                                    After dilution with water or alcohol the preparation is ready to drink as a cocktail.

                  2106 90 98

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106, 2106 90 and 2106 90 98.
                  Because the product is undrinkable on its own, classification as a beverage in Chapter 22 is to be excluded.
                  Because of its composition, the product containing higher quantities of fruit juice and fruit purée is more complex than the flavoured sugar syrups of CN code 2106 90 59.
                  The product should therefore be classified as a preparation for the manufacture of beverages under CN code 2106 90 98. See also HS Explanatory Notes to heading 2106, point (12).


title: Commission Implementing Regulation (EU) No 679/2012 of 24 July 2012 entering a name in the register of protected designations of origin and protected geographical indications [Squacquerone di Romagna (PDO)]

text:
               25.7.2012

               EN

               Official Journal of the European Union

               L 198/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 679/2012
   of 24 July 2012
   entering a name in the register of protected designations of origin and protected geographical indications [Squacquerone di Romagna (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‧Squacquerone di Romagna‧ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   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 July 2012.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ C 304, 15.10.2011, p. 19.

      ANNEX
      Agricultural products intended for the human consumption listed in Annex I to the Treaty:

         Class 1.3.   Cheeses

      ITALY
      Squacquerone di Romagna (PDO)


title: Commission Implementing Regulation (EU) 2015/1299 of 28 July 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               29.7.2015

               EN

               Official Journal of the European Union

               L 199/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1299
   of 28 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, 28 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

                  MA

                  160,9

                  MK

                  26,3

                  ZZ

                  93,6

                  0709 93 10

                  TR

                  118,4

                  ZZ

                  118,4

                  0805 50 10

                  AR

                  121,6

                  UY

                  142,0

                  ZA

                  129,0

                  ZZ

                  130,9

                  0806 10 10

                  EG

                  280,5

                  MA

                  227,1

                  TN

                  185,1

                  TR

                  158,2

                  US

                  286,0

                  ZA

                  115,6

                  ZZ

                  208,8

                  0808 10 80

                  AR

                  127,0

                  BR

                  94,6

                  CL

                  136,4

                  NZ

                  132,6

                  US

                  116,2

                  UY

                  170,5

                  ZA

                  129,6

                  ZZ

                  129,6

                  0808 30 90

                  AR

                  255,7

                  CL

                  196,1

                  NZ

                  153,0

                  ZA

                  128,8

                  ZZ

                  183,4

                  0809 10 00

                  TR

                  233,0

                  ZZ

                  233,0

                  0809 29 00

                  TR

                  246,2

                  US

                  487,6

                  ZZ

                  366,9

                  0809 30 10, 0809 30 90

                  MK

                  70,6

                  TR

                  176,8

                  ZZ

                  123,7

                  0809 40 05

                  BA

                  57,2

                  IL

                  124,7

                  XS

                  66,1

                  ZZ

                  82,7

         (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 111/2014 of 4 February 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               7.2.2014

               EN

               Official Journal of the European Union

               L 38/16

      COMMISSION IMPLEMENTING REGULATION (EU) No 111/2014
   of 4 February 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, 4 February 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)

                  An apparatus combining a colour monitor of the liquid crystal display (LCD) type and a touch-sensitive surface (so-called ‘monitor with touch screen’) with a diagonal measurement of the screen of approximately 38 cm (15 inches) with:

                              —

                              a native resolution of 1 024 × 768 pixels,

                              —

                              supported resolutions of 640 × 350, 720 × 400, 640 × 480, 800 × 600 and 1 024 × 768 pixels,

                              —

                              an aspect ratio of 4:3,

                              —

                              a pixel pitch of 0,297 mm,

                              —

                              a brightness of 250 cd/m2,

                              —

                              a horizontal viewing angle of 120° and a vertical viewing angle of 100°,

                              —

                              a response time of 17 ms,

                              —

                              a contrast ratio of 400:1,

                              —

                              power and control buttons.

                        It is equipped with the following interfaces:

                              —

                              a D-Sub,

                              —

                              a USB and a RS-232 for connecting the touch-sensitive surface to an automatic data-processing (ADP) machine.

                        It has a stand with a tilt and swivel mechanism and a glare free surface.
                  The monitor is presented for use, for example, in point of sale/customer information point terminals. The touch-sensitive surface enables the users to input data into these terminals. The monitor is capable of displaying signals from ADP machines.

                  8528 51 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528 and 8528 51 00.
                  The apparatus is a composite machine performing the function of an X-Y coordinate input device of heading 8471 and of a monitor of heading 8528. Apart from displaying information, the apparatus enables users to input data. Given the design, concept and objective characteristics of the apparatus, namely the monitors’ ability to perform its function independently of the input device, the displaying function constitutes the apparatus’ principal function within the meaning of note 3 to Section XVI. Given its objective characteristics, such as the aspect ratio, the pixel pitch suitable for prolonged close viewing, the brightness, the interfaces commonly used in ADP systems, the tilt and swivel mechanisms and glare free surface, the monitor is considered to be of a kind solely or principally used in an ADP system of heading 8471.
                  The apparatus is therefore to be classified under CN code 8528 51 00 as other monitors of a kind solely or principally used in an automatic data-processing system of heading 8471.