title: Commission Implementing Regulation (EU) 2017/679 of 10 April 2017 terminating the absorption reinvestigation concerning imports of stainless steel cold-rolled flat products originating in Taiwan without amending the measures in force

text:
               11.4.2017

               EN

               Official Journal of the European Union

               L 98/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/679
   of 10 April 2017
   terminating the absorption reinvestigation concerning imports of stainless steel cold-rolled flat products originating in Taiwan without amending the measures in force
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Articles 9(2) and 12 thereof,
   Whereas:
   1.   PROCEDURE

   1.1.   Measures in force

               (1)

               By Commission Implementing Regulation (EU) 2015/1429 (2) the European Commission (‘the Commission’) imposed a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People's Republic of China and Taiwan. The applicable duty rate for all Taiwanese companies was 6,8 % with the exception of one exporting producer with zero duty rate.

         1.2.   Request for an absorption reinvestigation

               (2)

               On 28 June 2016 the Commission received a request for an absorption reinvestigation of the measures in force pursuant to Article 12 of the basic Regulation.

               (3)

               The request was lodged by the European Steel Association (‘Eurofer’) on behalf of producers representing more than 25 % of the total Union production of certain cold-rolled flat steel products.

               (4)

               Eurofer submitted sufficient evidence showing that after the original investigation period and prior to and following the imposition of the anti-dumping duty on imports of the product concerned, export prices had decreased. This has impeded the intended remedial effects of the measures in force.

               (5)

               The evidence contained in the request indicated that the decrease in export prices could not be explained by changes in raw material prices, energy costs, labour costs, duty rates or exchange rates.

               (6)

               Furthermore, Eurofer provided evidence showing that imports of the product concerned had continued to enter the Union in significant volumes.

         1.3.   Reopening of the anti-dumping investigation

               (7)

               On 11 August 2016, the Commission announced the reopening of the anti-dumping investigation (3) by a notice published in the Official Journal of the European Union.

         1.4.   Interested parties

               (8)

               In the notice of reopening, the Commission invited interested parties to contact it in order to participate in the reinvestigation. In addition, the Commission specifically informed Eurofer, the exporters, exporting producers and importers known to be concerned and the authorities of the country concerned about the absorption reinvestigation and invited them to participate.

               (9)

               Interested parties were given the opportunity to make their views known in writing and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. None of the interested parties came forward and requested a hearing.

         1.5.   Sampling of importers

               (10)

               To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the notice of reopening.

               (11)

               Ten unrelated importers provided the requested information and agreed to be included in the sample. In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of three on the basis of the largest volume of imports into the Union. In accordance with Article 17(2) of the basic Regulation, all known importers concerned were consulted on the selection of the sample. No comments were received.

         1.6.   Sampling of exporters and exporting producers in Taiwan

               (12)

               To decide whether sampling is necessary and, if so, to select a sample, the Commission asked all known exporters and exporting producers in Taiwan to provide the information specified in the notice of reopening. In addition, the Commission asked the authorities of the country concerned to identify and/or contact other exporters and exporting producers, if any, that could be interested in participating in the investigation.

               (13)

               Five exporters and six exporting producers in Taiwan provided the requested information and agreed to be included in the sample. The Commission decided that sampling was not necessary as those exporters and exporting producers could reasonably be investigated within the time available.

         1.7.   Replies to the questionnaire

               (14)

               The Commission sent questionnaires to five exporters and six exporting producers. Questionnaire replies were received from two exporting producers and one group consisting of two exporting producers and two exporters.

               (15)

               The Commission sent questionnaires to the three sampled importers and received replies from two of them.

         1.8.   Verification visits

               (16)

               The Commission sought and verified all the information deemed necessary for the purpose of this reinvestigation. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:

                           —

                           Jie Jin Material Science, Tainan city, Taiwan

                           —

                           Tang Eng Iron Works Co., Ltd, Kaohsiung city, Taiwan

                           —

                           Yieh United Steel Corporation, Kaohsiung city, Taiwan

                           —

                           Yuan Long Stainless Steel, Kaohsiung city, Taiwan

         1.9.   Periods covered by the absorption reinvestigation

               (17)

               The absorption reinvestigation period (‘AIP’) was from 1 July 2015 to 30 June 2016. The original investigation period (‘OIP’) was from 1 January 2013 to 31 December 2013.

         2.   PRODUCT CONCERNED AND LIKE PRODUCT

               (18)

               The product subject to this absorption reinvestigation is the same as in the original investigation and is defined as flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) originating in Taiwan, currently falling within CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81 and 7220 20 89 (‘the product concerned’).

               (19)

               Stainless steel cold-rolled flat products are used in a wide range of applications, for example in the production of household appliances (for example the interior of washing machines and dishwashers), welded tubes and medical devices as well as in the food processing and automotive industries.

               (20)

               The reinvestigation showed that the product concerned and the product produced and sold on the Taiwanese domestic market have the same basic characteristics as well as the same basic uses. The Commission decided that those products are therefore like products within the meaning of Article 1(4) of the basic Regulation.

         3.   FINDINGS

               (21)

               An absorption reinvestigation pursuant to Article 12 of the basic Regulation aims at establishing whether or not export prices have decreased or whether there has been insufficient movement in resale prices or subsequent selling prices in the Union of the product concerned since the imposition of the original measures. As a second step, where the decrease of the export prices is found, a new dumping margin should be calculated.

         3.1.   Decrease of export prices

               (22)

               When establishing whether there was a decrease in export prices the Commission established for each examined exporting producer its export prices during the AIP and compared these prices to the corresponding export prices determined in the OIP.

               (23)

               The exporting producers exported to the Union either directly to independent customers or through their related companies in Taiwan.

               (24)

               The export price was the price actually paid or payable for the product concerned when sold for export to the Union, in accordance with Article 2(8) of the basic Regulation.

               (25)

               The Commission compared for all exporting producers the prices of the product types sold in the AIP with the same product types sold in the OIP and calculated for them a weighted average decrease of export prices.

               (26)

               The above comparison was made in euro, using foreign exchange rates provided to the exporters and exporting producers in the anti-dumping questionnaires.

               (27)

               The comparison of the export prices to the Union on an ex-works basis showed that for all exporting producers/groups the export prices decreased. The decrease of export prices in euro was as follows:

                  Table 1

                  Decrease of export prices

                           Exporting producer/group

                           Change in export prices from OIP to AIP

                           Jie Jin Material Science

                           – 3,3 %

                           Tang Eng Iron Works Co., Ltd and Yieh United Steel Corporation

                           – 11,2 %

                           Yuan Long Stainless Steel

                           – 2,3 %

         3.2.   Dumping

               (28)

               After having established the decrease of export prices for all cooperating exporting producers, dumping margins were recalculated according to Article 2 of the basic Regulation.

               (29)

               All cooperating exporting producers requested the re-examination of their normal value under Article 12(5) of the basic Regulation.

         3.2.1.   Normal value

               (30)

               The Commission first examined whether the total volume of domestic sales for each cooperating exporting producer was representative, in accordance with Article 2(2) of the basic Regulation. The domestic sales are representative if the total domestic sales volume of the like product to independent customers on the domestic market per exporting producer represented at least 5 % of its total export sales volume of the product concerned to the Union during the AIP. On this basis, the total sales by each exporting producer of the like product on the domestic market were representative.

               (31)

               The Commission subsequently identified the product types sold domestically that were identical or comparable with the product types sold for export to the Union for the exporting producers with representative domestic sales.

               (32)

               The Commission then examined whether the domestic sales by each cooperating exporting producer on its domestic market for each product type that is identical or comparable with a product type sold for export to the Union were representative, in accordance with Article 2(2) of the basic Regulation. The domestic sales of a product type are representative if the total volume of domestic sales of that product type to independent customers during the AIP represents at least 5 % of the total volume of export sales of the identical or comparable product type to the Union.

               (33)

               The Commission next defined the proportion of profitable sales to independent customers on the domestic market for each product type during the AIP in order to decide whether to use actual domestic sales for the calculation of the normal value, in accordance with Article 2(4) of the basic Regulation.

               (34)

               The normal value was calculated as a weighted average of the prices of all domestic sales during the AIP or as a weighted average of the profitable sales only. All values where currency conversion was needed were converted into Taiwanese dollars using either the monthly rates provided by the Commission in the anti-dumping questionnaire or using the exporting producers internal exchange rates based on the Taiwanese customs rates. There was no material difference between those two rates in the AIP.

               (35)

               Where there were no or insufficient sales of a product type of the like product in the ordinary course of trade the Commission constructed the normal value in accordance with Article 2(3) and (6) of the basic Regulation.

               (36)

               Normal value was constructed by adding the following to the average cost of production of the like product of the cooperating exporting producers during the AIP:

                           —

                           the weighted average selling, general and administrative (‘SG&A’) expenses incurred by the cooperating exporting producers on domestic sales of the like product, in the ordinary course of trade, during the AIP; and

                           —

                           the weighted average profit realised by the cooperating exporting producers on domestic sales of the like product, in the ordinary course of trade, during the AIP.

               (37)

               One exporting producer was selling part of the product concerned via its related service centre, which was providing some customer-specific modifications (cutting, slitting, polishing, etc.). To calculate the consolidated cost of production for this exporting producer, those additional costs were added to the costs of the respective product type using the weighted average method.

               (38)

               As in the original investigation, some sales of the like product on the Taiwanese market were done to distributors that further exported it.

               (39)

               To address this issue the Commission disregarded all sales to the largest Taiwanese distributor/service centre, who according to its sampling response exported the vast majority of the products further processed. In addition, the Commission disregarded domestic sales that were either delivered to a bonded warehouse or to the international port for export.

               (40)

               One exporting producer operated also as a service centre for the product concerned and the like product purchased from other exporting producers. The Commission only considered the in-house cold rolled products for calculating the normal value and export price for this exporting producer.

         3.2.2.   Export price

               (41)

               The Commission established the export price for the AIP as explained in recitals (22) to (24) above.

         3.2.3.   Comparison

               (42)

               The Commission compared the normal value and the export price of the exporting producers on an ex-works basis.

               (43)

               Where justified by the need to ensure a fair comparison, the Commission adjusted the normal value and/or the export price for differences affecting prices and price comparability, in accordance with Article 2(10) of the basic Regulation. Adjustments were made for transport, insurance, handling, loading and ancillary costs, packing, credit, bank charges and commissions.

         3.2.4.   Dumping margins

               (44)

               For the cooperating exporting producers, the Commission compared the weighted average normal value of each type of the like product with the weighted average export price of the corresponding type of the product concerned, in accordance with Article 2(11) and (12) of the basic Regulation.

               (45)

               On this basis, the weighted average dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are as follows:

                  Table 2

                  Dumping margins, Taiwan

                           Exporting producer/group

                           Dumping margin in AIP

                           Jie Jin Material Science

                           2,6 %

                           Tang Eng Iron Works Co., Ltd and Yieh United Steel Corporation

                           No dumping

                           Yuan Long Stainless Steel

                           No dumping

         4.   CONCLUSION

               (46)

               The recalculation of the dumping margins showed that the dumping margin for the group of companies investigated in the original investigation decreased. For the other two cooperating companies, which did not cooperate in the original investigation, the dumping margin is lower than the current applicable duty rate.

               (47)

               As a conclusion the absorption reinvestigation shall be terminated without amending the measures in force.

               (48)

               The findings of the reinvestigation have been disclosed to interested parties. Only Eurofer submitted comments.

               (49)

               Eurofer in its written submission and at a hearing expressed its disappointment with the results of the Commission's reinvestigation. Eurofer claimed that the Commission did not take adequate account of the alleged distortions in the Taiwanese domestic market.

               (50)

               The first distortion alleged by Eurofer concerned exports by the Taiwanese traders/distributors and the export-discount scheme. Eurofer provided additional evidence in this regard.

               (51)

               The second alleged distortion concerned the relation between Taiwanese mills and some of their traders/distributors. Eurofer argued that the Commission should conclude at the existence of non-cooperation and rely on adverse facts available.

               (52)

               The Commission had a solid understanding of the Taiwanese market as a result of the original investigation and on the basis of the data collected and verified during the reinvestigation. The Commission used all available information to accurately determine the normal value as described in recitals (39) and (40) above.

               (53)

               The Commission applied the methodology provided in the basic Regulation, consistently with the original investigation and took due account of the specificities of the Taiwanese domestic market. In particular, it concluded that the exclusion of a number of sales to certain entities from the calculation of the normal value, as described in recitals (39) and (40), is more objective than the application of adverse facts available in the present case. As the Eurofer's claim did not bring any fundamentally new information to change the methodology used, the Commission confirmed the conclusion set out in recital (47) above.

               (54)

               This regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The absorption reinvestigation concerning imports of stainless steel cold-rolled flat products originating in Taiwan pursuant to Article 12 of Regulation (EU) 2016/1036 is hereby terminated without amending the anti-dumping measures in force.
   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, 10 April 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 224, 27.8.2015, p. 10.

      (3)  OJ C 291, 11.8.2016, p. 7.


title: Commission Implementing Regulation (EU) 2017/295 of 20 February 2017 on exceptional market support measures for the poultry meat sector in France

text:
               21.2.2017

               EN

               Official Journal of the European Union

               L 43/196

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/295
   of 20 February 2017
   on exceptional market support measures for the poultry meat sector in France
   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 220(1)(a) thereof,
   Whereas:

               (1)

               Between 24 November 2015 and 5 August 2016, numerous outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by France. In total, 81 outbreaks were confirmed in the South-West of France. The species affected are ducks, geese, laying hens, turkeys, breeding fowls of the species Gallus domesticus, cockerels and chickens, Guinea fowls and quails.

               (2)

               France immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Council Directive 2005/94/EC (2).

               (3)

               In particular, French authorities took control, monitoring and preventive measures and established protection, surveillance and further restricted zones pursuant to Commission Implementing Decisions (EU) 2015/2239 (3), (EU) 2015/2460 (4), (EU) 2016/42 (5), (EU) 2016/237 (6) and (EU) 2016/447 (7). In order to control and prevent the spread of the disease, French authorities imposed the following measures:

                           (a)

                           a prohibition of placing in ducks and geese holdings located in the further restricted zone and in the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016. The prohibition of placing in ducks and geese holdings in the further restricted zone aimed in particular to ensure a 16-week period of depopulation;

                           (b)

                           a prohibition of movements on large proportions of the susceptible poultry population and of trade of live poultry outside the further restricted zone;

                           (c)

                           prolonged fallowing periods in susceptible poultry holdings other than ducks and geese located in the protection zones, surveillance zones and in the further restricted zone including the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016.

               (4)

               In applying those measures, the French authorities managed to eradicate the threat. The Union and national animal health and veterinary measures were applied until 15 September 2016 in all relevant holdings except for the poultry holdings located in the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016, in which measures applied respectively until 25 August, 25 September and 3 October 2016.

               (5)

               French authorities informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council (8).

               (6)

               On 20 April, 20 September and 24 October 2016, the Commission received formal requests from French authorities for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013.

               (7)

               As a result of the animal health and veterinary measures applied, placing of birds in all holdings with ducks and geese located in the further restricted zone and in the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016 was forbidden. This led to a loss of production of poultry meat in these ducks and geese holdings. It is therefore appropriate to compensate these losses.

               (8)

               As a result of animal health and veterinary measures, laying hens at the end of their production cycle and breeding fowls of the species Gallus domesticus could not be transported outside of the further restricted zone to be slaughtered for meat production in specialized slaughterhouses. This led to the killing and destruction in slaughterhouses or on farms of animals and a loss of production for laying hens and breeding fowls of the species Gallus domesticus producers located in the further restricted zone. It is therefore appropriate to compensate these losses.

               (9)

               As a result of animal health and veterinary measures, fallowing periods were prolonged in holdings of standard, organic, Label Rouge or free range chickens, cockerels, Label Rouge and free range Guinea fowls, turkeys and quails located in the protection zones, surveillance zones and in the further restricted zone including the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016. This led to a loss of production of poultry meat in these holdings. It is therefore appropriate to compensate these losses.

               (10)

               As a result of animal health and veterinary measures, live chickens, laying hens, Guinea fowls and turkeys could not be sold outside the further restricted zone. This led to a loss of production for producers of live chickens, laying hens, Guinea fowls and turkeys located in the further restricted zone. It is therefore appropriate to compensate these losses.

               (11)

               In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by France for the exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request received from France.

               (12)

               To avoid any risk of over compensation, the flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to the categories of animals produced in terms of species but also in terms of the production method, i.e. standard production, free range production, certified production under national scheme, certified production under the Label Rouge scheme, production covered by a Protected Geographical Indication (PGI), and, finally, in terms of the length of the production cycle, i.e. long cycle for geese and duck producers who only produce live animals, short cycle for geese and duck producers who produce live animals and transform them into processed products.

               (13)

               To avoid any risk of double funding, losses suffered should not have been compensated by state aids or insurances and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

               (14)

               The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market; in particular, the exceptional market support measures should apply only to the production of poultry meat in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and French legislation relevant to the 81 outbreaks of highly pathogenic avian influenza.

               (15)

               For the sake of a sound budgetary management of these exceptional market support measures, only those payments made by France to the beneficiaries by 30 September 2017 at the latest, should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (9) should not be applicable.

               (16)

               In order to ensure the eligibility and the correctness of the payments, French authorities should carry out ex-ante checks.

               (17)

               To allow the Union to perform its financial control, French authorities should communicate to the Commission the clearance of the payments.

               (18)

               In order to ensure an immediate implementation of these measures by France, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (19)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Union shall provide part-financing equivalent to 50 % of the expenditure borne by France to support the market of poultry meat seriously affected by the 81 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by France between 24 November 2015 and 5 August 2016.
   Expenditure shall be eligible for Union part-financing only for the duration of the application of animal health and veterinary measures referred to in Union and French legislation listed in the Annex.
   Expenditure shall be eligible for Union part-financing only for those poultry holdings being subject to the animal health and veterinary measures and located within the parts of France referred to in Union and French legislation listed in the Annex.
   Expenditure shall only be eligible for Union part-financing if it has been paid by France to the beneficiaries by 30 September 2017 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply.
   Article 2
   The maximum levels of Union part-financing shall be as follows:

               (a)

               For the loss of production of geese and ducks located in the further restricted zone and in the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016, the following flat rates shall apply per animal up to a maximum amount of EUR 40 000 002:

                           (i)

                           For producers with a short cycle of production of:

                                       —

                                       Mulard ducks starter covered by CN code 0105 99 10:
                                       EUR 0,24 per animal for a maximum of 724 512 animals;

                                       —

                                       Mulard ducks fattened covered by CN code 0105 99 10:
                                       EUR 1,13 per animal for a maximum of 606 172 animals;

                                       —

                                       Mulard ducks finished covered by CN code 0105 99 10:
                                       EUR 4,41 per animal for a maximum of 690 431 animals;

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 whole carcases:
                                       EUR 2,20 per animal for a maximum of 664 261 animals;

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 cut in pieces:
                                       EUR 4,275 per animal for a maximum of 578 814 animals;

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 processed:
                                       EUR 19,055 per animal for a maximum of 321 019 animals;

                                       —

                                       Starter geese covered by CN code 0105 99 20:
                                       EUR 2,455 per animal for a maximum of 15 769 animals;

                                       —

                                       Geese covered by CN code 0105 99 20 whole carcases:
                                       EUR 10,595 per animal for a maximum of 14 560 animals;

                                       —

                                       Geese covered by CN code 0105 99 20 processed:
                                       EUR 23,33 per animal for a maximum of 11 024 animals;

                                       —

                                       Ducks covered by CN code 0105 99 10 for roasting:
                                       EUR 1,37 per animal for a maximum of 25 831 animals;

                                       —

                                       Geese covered by CN code 0105 99 20 for roasting:
                                       EUR 2,855 per animal for a maximum of 7 156 animals;

                           (ii)

                           For producers with a long cycle of production of:

                                       —

                                       Mulard ducks starter three days old covered by CN code 0105 99 10:
                                       EUR 0,0487 per animal for a maximum of 668 427 animals;

                                       —

                                       Mulard ducks starter standard, PGI and Label Rouge covered by CN code 0105 99 10:
                                       EUR 0,24 per animal for a maximum of 10 115 677 animals;

                                       —

                                       Mulard ducks fattened standard covered by CN code 0105 99 10:
                                       EUR 0,515 per animal for a maximum of 646 195 animals;

                                       —

                                       Mulard ducks fattened PGI covered CN code 0105 99 10:
                                       EUR 0,68 per animal for a maximum of 8 737 557 animals;

                                       —

                                       Mulard ducks fattened Label Rouge covered by CN code 0105 99 10:
                                       EUR 0,81 per animal for a maximum of 808 848 animals;

                                       —

                                       Mulard ducks finished standard covered by CN code 0105 99 10:
                                       EUR 1,48 per animal for a maximum of 900 255 animals;

                                       —

                                       Mulard ducks finished PGI covered by CN code 0105 99 10:
                                       EUR 1,645 per animal for a maximum of 7 818 392 animals;

                                       —

                                       Mulard ducks finished Label Rouge covered by CN code 0105 99 10:
                                       EUR 2,63 per animal for a maximum of 559 637 animals;

                                       —

                                       Muscovy ducks standard covered by CN code 0105 99 10:
                                       EUR 0,48 per animal for a maximum of 71 331 animals;

                                       —

                                       Muscovy ducks certified covered by CN code 0105 99 10:
                                       EUR 0,585 per animal for a maximum of 7 579 animals;

                                       —

                                       Muscovy ducks Label Rouge covered by CN code: 0105 99 10:
                                       EUR 0,625 per animal for a maximum of 28 344 animals;

                                       —

                                       Mallard ducks covered by CN code 0105 99 10:
                                       EUR 1,1325 per animal for a maximum of 7 392 animals;

                                       —

                                       Geese fattened covered by CN code 0105 99 20:
                                       EUR 2,855 per animal for a maximum of 50 179 animals;

                                       —

                                       Geese finished covered by CN code 0105 99 20:
                                       EUR 5,54 per animal for a maximum of 49 500 animals;

               (b)

               For the loss of production, killing and destruction in slaughterhouses or on farms of laying hens at the end of their production cycle and of breeding fowls of the species Gallus domesticus located in the further restricted zone, the following flat rates shall apply per animal up to a maximum amount of EUR 519 155:

                           —

                           Laying hens at the end of their production cycle and breeding fowls of the species Gallus domesticus covered by CN code 0105 94 00 transported, killed in slaughterhouses and destroyed:
                           EUR 0,2645 per animal for a maximum 1 902 064 animals;

                           —

                           Breeding fowls of the species Gallus domesticus killed on the farm and destroyed covered by CN code 0105 94 00:
                           EUR 1,055 per animal for a maximum 15 222 animals;

               (c)

               For the prolongation of fallowing periods, in the protection zones, surveillance zones and in the further restricted zone, including the protection and surveillance zones established following the last four outbreaks of highly pathogenic avian influenza which occurred on 15 July, 18 July, 25 July and 5 August 2016, of standard, organic, Label Rouge or free range chickens, cockerels, Label Rouge and free range Guinea fowls, turkeys and quails, the following flat rates shall apply per animal and per day up to a maximum amount of EUR 1 430 908:

                           —

                           Standard chickens and cockerels covered by CN code 0105 94 00:
                           EUR 0,00191 per animal and per day for a maximum of 31 247 850 animals and a maximum of EUR 626 466;

                           —

                           Label Rouge or free range chickens covered by CN code 0105 94 00:
                           EUR 0,00416563 per animal and per day for a maximum 14 105 345 animals and a maximum EUR 616 878;

                           —

                           Organic chickens covered by CN code 0105 94 00:
                           EUR 0,005050685 per animal and per day for a maximum 700 201 animals and a maximum EUR 37 039;

                           —

                           Guinea Fowls Label Rouge and free range covered by CN code 0105 99 50:
                           EUR 0,00365332 per animal and per day for a maximum 1 405 735 animals and a maximum EUR 53 856;

                           —

                           Turkeys covered by CN code 0105 99 30:
                           EUR 0,005195 per animal and per day for a maximum of 1 533 617 animals and a maximum EUR 83 371;

                           —

                           Quails covered by CN code 0106 39 80:
                           EUR 0,000605 per animal and per day for a maximum of 2 102 602 animals and a maximum EUR 13 298;

               (d)

               For the loss of production of live starter chickens, live starter Guinea fowls, live starter turkeys for the French national market, live starter turkeys for the Union market, live starter laying hens, live adult chickens and live adult Guinea fowls, the following flat rates shall apply per animal up to a maximum amount of EUR 545 152:

                           —

                           Live starter chicken covered by CN code 0105 94 00:
                           EUR 0,591 per animal for a maximum of 183 439 animals;

                           —

                           Live starter Guinea fowls covered by CN code 0105 99 50:
                           EUR 0,4955 per animal for a maximum of 126 996 animals;

                           —

                           Live starter turkeys for the French national market covered by CN code 0105 99 30:
                           EUR 0,681 per animal for a maximum of 21 166 animals;

                           —

                           Live starter turkeys for the Union market covered by CN code 0105 99 30:
                           EUR 0,633 per animal for a maximum of 423 320 animals;

                           —

                           Live starter laying hens covered by CN code 0105 94 00:
                           EUR 0,43 per animal for a maximum of 56 443 animals;

                           —

                           Live adult chickens covered by CN code 0105 94 00:
                           EUR 0,47 per animal for a maximum of 98 775 animals;

                           —

                           Live adult Guinea fowls covered by CN code 0105 99 50:
                           EUR 0,49 per animal for a maximum of 42 332 animals,

         Article 3
   The Union part-financing in accordance with this Regulation shall be limited to animals and products not compensated by state aids or insurances and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.
   Article 4
   France shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (10).
   In particular, the French authorities shall verify:

               (a)

               the eligibility of the applicant submitting the request for support;

               (b)

               for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

               (c)

               that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2.

         For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made notably those on applicants selected for on-the-spot checks.
   In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.
   Article 5
   The French authorities shall communicate to the Commission the clearance of payments.
   Article 6
   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, 20 February 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

      (3)  Commission Implementing Decision (EU) 2015/2239 of 2 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France (OJ L 317, 3.12.2015, p. 37).

      (4)  Commission Implementing Decision (EU) 2015/2460 of 23 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 339, 24.12.2015, p. 52).

      (5)  Commission Implementing Decision (EU) 2016/42 of 15 January 2016 amending the Annex to Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 11, 16.1.2016, p. 10).

      (6)  Commission Implementing Decision (EU) 2016/237 of 17 February 2016 amending the Annex to Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 44, 19.2.2016, p. 12).

      (7)  Commission Implementing Decision (EU) 2016/447 of 22 March 2016 amending Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 78, 24.3.2016, p. 76).

      (8)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

      (9)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

      (10)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

      ANNEX

         Parts of France and periods referred to in Article 1

      Parts of France and periods established pursuant to Directive 2005/94/EC and defined in:

                  —

                  Commission Implementing Decision (EU) 2015/2239 of 2 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France (OJ L 317, 3.12.2015, p. 37).

                  —

                  Commission Implementing Decision (EU) 2015/2460 of 23 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 339, 24.12.2015, p. 52).

                  —

                  Commission Implementing Decision (EU) 2016/42 of 15 January 2016 amending the Annex to Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 11, 16.1.2016, p. 10).

                  —

                  Commission Implementing Decision (EU) 2016/237 of 17 February 2016 amending the Annex to Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 44, 19.2.2016, p. 12).

                  —

                  Commission Implementing Decision (EU) 2016/447 of 22 March 2016 amending Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (OJ L 78, 24.3.2016, p. 76).

                  —

                  Order of 2 December 2015 establishing a low-risk restricted zone following the declaration of highly pathogenic avian influenza and restricting certain movements outside the national territory from the department of Dordogne (Official Journal of the French Republic of 3.12.2016, text 38 of 178).

                  —

                  Order of 17 December 2015 establishing additional arrangements to combat highly pathogenic avian influenza following the detection of the disease on French territory (Official Journal of the French Republic of 18.12.2016, text 56 of 142).

                  —

                  Order of 15 January 2016 amending the Order of 17 December 2015 establishing additional arrangements to combat highly pathogenic avian influenza following the detection of the disease on French territory (Official Journal of the French Republic of 16.1.2016, text 31 of 85).

                  —

                  Order of 9 February 2016 establishing additional arrangements to combat highly pathogenic avian influenza following the detection of the disease on French territory (Official Journal of the French Republic of 10.2.2016, text 42 of 129).

                  —

                  Order of 14 September 2016 establishing transitional arrangements to combat highly pathogenic avian influenza (Official Journal of the French Republic of 15.9.2016, text 33 of 100).

                  —

                  Prefectural Orders declaring an infection consisting of outbreaks of highly pathogenic avian influenza confirmed between 24 November 2015 and 18 April 2016.

                  —

                  Prefectural Orders withdrawing a declaration of infection consisting of outbreaks of highly pathogenic avian influenza confirmed between 24 November 2015 and 18 April 2016.

                  —

                  Prefectural Orders declaring an infection consisting of outbreaks of highly pathogenic avian influenza confirmed on 15 July, 18 July, 25 July and 5 August 2016.

                  —

                  Prefectural Orders withdrawing a declaration of infection consisting of outbreaks of highly pathogenic avian influenza confirmed on 15 July, 18 July, 25 July and 5 August 2016.


title: Commission Implementing Regulation (EU) 2017/57 of 14 December 2016 concerning the authorisation of 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran as feed additives for all animal species (Text with EEA relevance. )

text:
                  17.1.2017

                  EN

                  Official Journal of the European Union

                  L 13/153

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/57
      of 14 December 2016
      concerning the authorisation of 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran as feed additives 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. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

                  (2)

                  1,8-Cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran were authorised without a time limit in accordance with Directive 70/524/EEC as feed additives for all animal species. Those products were subsequently entered in the Register of feed additives as existing products, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                  (3)

                  In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of the substances concerned as feed additives for all animal species. The applicant requested those additives to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                  (4)

                  The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 March 2012 and 13 November 2012 (3) that, under the proposed conditions of use in feed, the substances concerned do not have adverse effects on animal health, human health or the environment. The Authority further concluded that the function of 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran in feed is similar to that on food. The Authority has already concluded that for food those substances are efficacious, as they increase the food smell or palatability. Therefore, that conclusion can be extrapolated for feed. As the use of 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran in water for drinking is difficult to control when used simultaneously with feed, such use should be excluded. However, those substances can be used within compound feeds which are subsequently administered via water.

                  (5)

                  Restrictions and conditions should be provided for to allow better control. Since safety reasons do not require the setting of a maximum content and taking into account the re-evaluation performed by the Authority, recommended contents should be indicated on the label of the additive. Where such contents are exceeded, certain information should be indicated on the label of premixtures, compound feeds and feed materials.

                  (6)

                  The Authority concluded that 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran are irritant to eyes, respiratory tract and skin. The Authority further concluded that 3,4-dihydrocoumarin is also skin sensitiser and harmful if swallowed. Consequently, appropriate protective measures should be taken. 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 additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                  (7)

                  The assessment of 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those substances should be authorised as specified in the Annex to this Regulation.

                  (8)

                  Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for 1,8-cineole, 3,4-dihydrocoumarin and 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

                  (9)

                  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
      Authorisation
      The substances specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, are authorised as feed additives in animal nutrition subject to the conditions laid down in that Annex.
      Article 2
      Transitional measures
      1.   The substances as specified in the Annex and premixtures containing those substances, which are produced and labelled before 6 August 2017 in accordance with the rules applicable before 6 February 2017 may continue to be placed on the market and used until the existing stocks are exhausted.
      2.   Compound feed and feed materials containing the substances as specified in the Annex which are produced and labelled before 6 February 2018 in accordance with the rules applicable before 6 February 2017 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.
      3.   Compound feed and feed materials containing the substances as specified in the Annex which are produced and labelled before 6 February 2019 in accordance with the rules applicable before 6 February 2017 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.
      Article 3
      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, 14 December 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

         (3)  EFSA Journal 2012;10(3):2622 and EFSA Journal 2012;10(11):2967

         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

                     mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                     (1)

                     (2)

                     (3)

                     (4)

                     (5)

                     (6)

                     (7)

                     (8)

                     (9)

                        Category: Sensory additives. Functional group: Flavouring compounds

                     2b03001

                     —

                     1,8-Cineole

                        Additive composition

                     1,8-Cineole

                        Characterisation of the active substance

                     1,8-Cineole
                     Produced by distillation from Eucalyptus globulus

                     Purity: min. 98 %
                     Chemical formula: C10H18O
                     CAS number 470-82-6
                     FLAVIS No 03.001

                        Method of analysis
                         (1)

                     For the determination of 1,8-cineole in the feed additive and in feed flavouring premixtures.
                     Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                     All animal species

                     —

                     —

                                 1.

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

                                 2.

                                 In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.

                                 3.

                                 The recommended maximum content of the active substance shall be: 5 mg/kg of complete feedingstuff with a moisture content of 12 %.

                                 4.

                                 On the label of the additive the following shall be indicated:
                                 ‘Recommended maximum content of the active substance: of complete feedingstuff with a moisture content of 12 %: 5 mg/kg’.

                                 5.

                                 The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the labelling of the premixtures, feed materials and compound feedingstuffs, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 5 mg/kg.

                                 6.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                     6 February 2027

                     2b13009

                     —

                     3,4-Dihydrocoumarin

                        Additive composition

                     3,4-Dihydrocoumarin

                        Characterisation of the active substance

                     3,4-Dihydrocoumarin
                     Produced by chemical synthesis
                     Purity: min. 99 %
                     Chemical formula: C9H8O2

                     CAS number 119-84-6
                     FLAVIS No 13.009

                        Method of analysis
                         (1)

                     For the determination of 3,4-dihydrocoumarin in the feed additive and in feed flavouring premixtures.
                     Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                     All animal species

                     —

                     —

                                 1.

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

                                 2.

                                 In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.

                                 3.

                                 The recommended maximum content of the active substance shall be: 5 mg/kg of complete feedingstuff with a moisture content of 12 %.

                                 4.

                                 On the label of the additive the following shall be indicated:
                                 ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 5 mg/kg’

                                 5.

                                 The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the labelling of the premixtures, feed materials and compound feedingstuffs, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 5 mg/kg.

                                 6.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                     6 February 2027

                     2b13037

                     —

                     2-(2-Methylprop-1-enyl)-4-methyltetrahydropyran

                        Additive composition

                     2-(2-Methylprop-1-enyl)-4-methyltetrahydropyran

                        Characterisation of the active substance

                     2-(2-Methylprop-1-enyl)-4-methyltetrahydropyran
                     Produced by chemical synthesis
                     Purity: min. 99 %
                     Chemical formula: C10H18O
                     CAS number 16409-43-1
                     FLAVIS No 13.037

                        Method of analysis
                         (1)

                     For the identification of 2-(2-methylprop-1-enyl)-4-methyltetrahydropyran in the feed additive and flavouring premixtures.
                     Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                     All animal species

                     —

                     —

                     —

                                 1.

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

                                 2.

                                 In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.

                                 3.

                                 The recommended maximum content of the active substance shall be:
                                 For pigs and poultry: 0,5 mg/kg, and for other species and categories: 0,3 mg/kg of complete feedingstuff with a moisture content of 12 %.

                                 4.

                                 On the label of the additive the following shall be indicated:
                                 ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %:

                                             —

                                             0,5 mg/kg for pigs and poultry;

                                             —

                                             0,3 mg/kg for other species and categories.’

                                 5.

                                 The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the labelling of the premixtures, feed materials and compound feedingstuffs, if the following contents of the active substance in complete feedingstuff with a moisture content of 12 % are exceeded:

                                             —

                                             0,5 mg/kg for pigs and poultry;

                                             —

                                             0,3 mg/kg for other species and categories.

                                 6.

                                 For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                     6 February 2027

            (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2016/615 of 19 April 2016 concerning the classification of certain goods in the Combined Nomenclature

text:
               21.4.2016

               EN

               Official Journal of the European Union

               L 105/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/615
   of 19 April 2016
   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 3 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 3 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, 19 April 2016.

            For the Commission,

            On behalf of the President,

         Stephen QUEST

            Director-General for Taxation and Customs Union

      (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 (so-called ‘smartphone docking station’) consisting of the following components:

                              —

                              a 29,5 cm colour LCD screen,

                              —

                              a hinged casing with two USB ports,

                              —

                              a keyboard with a touchpad,

                              —

                              a dock for a smartphone,

                              —

                              a power supply socket using a voltage not exceeding 1 000  V,

                              —

                              built-in loudspeakers.

                        When the smartphone is docked, its battery is charged and, simultaneously, the apparatus serves as an input/output unit to perform all the functions of the docked smartphone.
                  As the apparatus is not equipped with a signal converter, all the signals are received unaltered from the docked smartphone.
                  The apparatus is not suitable for connection to an automatic data- processing machine.

                  8537 10 99

                  Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 8537 , 8537 10  and 8537 10 99 .
                  The apparatus is a composite machine capable of performing the functions of headings 8504 , 8518 , 8528  and 8537 . All the individual functions performed by its different components are included in the abovementioned headings of Chapter 85. Therefore, classification under heading 8543  as electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85, is excluded.
                  Given its characteristics, none of the functions is considered to be the principal function of the apparatus within the meaning of note 3 to Section XVI.
                  Consequently, it is to be classified under the heading that occurs last in numerical order.
                  The apparatus is therefore to be classified under CN code 8537 10 99  as other boards, panels, consoles, desks, cabinets and other bases for electric control for a voltage not exceeding 1 000  V.


title: Commission Implementing Regulation (EU) No 636/2013 of 1 July 2013 concerning the authorisation of zinc chelate of methionine (1:2) as a feed additive for all animal species  Text with EEA relevance

text:
               2.7.2013

               EN

               Official Journal of the European Union

               L 183/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 636/2013
   of 1 July 2013
   concerning the authorisation of zinc chelate of methionine (1:2) 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)

               Methionine-zinc, technically pure, was authorised without a time limit in accordance with Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (2) as an amino acid for use on ruminants by Commission Directive 88/485/EEC (3). This feed additive was subsequently entered in the European Union Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for a new use as a compound of trace elements for use for all animal species, requesting that additive to be classified in the additive category ‘nutritional additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 11 December 2012 (4) that, under the proposed conditions of use, methionine-zinc does not have an adverse effect on animal health, human health or the environment and that it may be considered as an effective source of zinc 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)

               In accordance with the characterisation of the additive by the Authority and the supplementary information by the applicant the appropriate name of the product is zinc chelate of methionine (1:2).

               (6)

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

               (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 product 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, 1 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 213, 21.7.1982, p. 8.

      (3)  OJ L 239, 30.8.1988, p. 36.

      (4)  EFSA Journal 2013; 11(1):3038.

      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

                  Maximum content of element (Zn) in mg/kg of complete feedingstuff with a moisture content of 12 %

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

                  3b611

                  —

                  Zinc chelate of methionine (1:2)

                                 Characterisation of the additive

                              Powder with a minimum content of 78 % DL-methionine and a zinc content between 17,5 % and 18,5 %

                                 Characterisation of the active substance

                              Zinc chelate of methionine: Zinc-Methionine 1:2 (Zn(Met)2)
                              Chemical formula: C10H20N2O4S2Zn
                              CAS number: 151214-86-7

                                 Analytical methods
                                  (1)

                                          For the quantification of methionine in feed additive:

                                                      —

                                                      ISO/CD 17180: ion exchange chromatography method with post-column derivatisation and photometric or fluorometric detection.

                                          For the quantification of total zinc in the feed additive and premixtures:

                                                      —

                                                      EN 15510: Inductively Coupled Plasma — Atomic Emission Spectrometry (ICP-AES), or

                                                      —

                                                      CEN/TS 15621: Inductively Coupled Plasma — Atomic Emission Spectrometry (ICP-AES) after pressure digestion.

                                          For the quantification of total zinc in the feedingstuffs:

                                                      —

                                                      Commission Regulation (EC) No 152/2009 (2) — Atomic Absorption Spectrometry (AAS), or

                                                      —

                                                      EN 15510: Inductively Coupled Plasma — Atomic Emission Spectrometry (ICP-AES), or

                                                      —

                                                      CEN/TS 15621: Inductively Coupled Plasma — Atomic Emission Spectrometry (ICP-AES) after pressure digestion.

                  All species

                  —

                  Pets: 250 (total)
                  Fish: 200 (total)
                  Other species: 150 (total)
                  Complete and complementary milk replacers: 200 (total)

                              1.

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

                              2.

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

                              3.

                              The contribution of the additive to the dietary supply with methionine should be taken into account.

                  22 July 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

         (2)  OJ L 54, 26.2.2009, p. 1.


title: Commission Implementing Regulation (EU) 2015/2011 of 11 November 2015 laying down implementing technical standards with regard to the lists of regional governments and local authorities, exposures to whom are to be treated as exposures to the central government in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               12.11.2015

               EN

               Official Journal of the European Union

               L 295/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2011
   of 11 November 2015
   laying down implementing technical standards with regard to the lists of regional governments and local authorities, exposures to whom are to be treated as exposures to the central government in accordance with Directive 2009/138/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular point (a) of Article 109a(2) thereof,
   Whereas:

               (1)

               The lists of regional governments and local authorities, exposures to whom are to be treated as exposures to the central government in accordance with Directive 2009/138/EC are of relevance for the calculation of the market risk module and the counterparty default risk module of the solvency capital requirement standard formula.

               (2)

               Where relevant, the regional governments and local authorities included in those lists should be categorised by type, taking into account the conditions laid down in Article 85 of Commission Delegated Regulation (EU) 2015/35 (2).

               (3)

               Supervisory authorities have provided relevant information on the specific revenue-raising powers and existing institutional arrangements under national law in relation to the regional governments and local authorities in their jurisdiction and on the extent to which those governments and authorities comply with the requirements laid down in point (a) of Article 109a(2) of Directive 2009/138/EC.

               (4)

               This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

               (5)

               The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (3),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Lists of regional governments and local authorities
   The following regional governments and local authorities shall be considered as entities, exposures to whom are to be treated as exposures to the central government of the jurisdiction in which they are established, as referred to in point (a) of Article 109a(2) of Directive 2009/138/EC:

               (1)

               in Austria: any ‘Land’ or ‘Gemeinde’;

               (2)

               in Belgium: any ‘communauté’ or ‘gemeenschap’, ‘région’ or ‘gewest’, ‘province’ or ‘provincie’, or ‘commune’ or ‘gemeente’;

               (3)

               in Denmark: any ‘region’ or ‘kommune’;

               (4)

               in Finland: any ‘kaupunki’ or ‘stad’, ‘kunta’ or ‘kommun’, or the ‘Ahvenanmaan maakunta’ or the ‘Landskapet Åland’;

               (5)

               in France: any ‘région’, ‘département’ or ‘commune’;

               (6)

               in Germany: any ‘Land’, ‘Gemeindeverband’ or ‘Gemeinde’;

               (7)

               in Liechtenstein: any ‘Gemeinde’;

               (8)

               in Lithuania: any ‘savivaldybė’;

               (9)

               in Luxembourg: any ‘commune’;

               (10)

               in the Netherlands: any ‘provincie’, ‘waterschap’ or ‘gemeente’;

               (11)

               in Poland: any ‘województwo’, ‘związek powiatów’, ‘powiat’, ‘związek międzygminny’, ‘gmina’, or the ‘miasto stołeczne Warszawa’;

               (12)

               in Portugal: the ‘Região Autónoma dos Açores’ or the ‘Região Autónoma da Madeira’;

               (13)

               in Spain: any ‘comunidad autónoma’ or ‘corporación local’;

               (14)

               in Sweden: any ‘region’, ‘landsting’ or ‘kommun’;

               (15)

               in the United Kingdom: the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

         Article 2
   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, 11 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 335, 17.12.2009, p. 1.

      (2)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

      (3)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).


title: Commission Implementing Regulation (EU) No 384/2011 of 18 April 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.4.2011

               EN

               Official Journal of the European Union

               L 103/102

         COMMISSION IMPLEMENTING REGULATION (EU) No 384/2011
   of 18 April 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
   Whereas:
   Regulation (EC) No 1580/2007 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 XV, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 19 April 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 April 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 350, 31.12.2007, 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

                  EG

                  74,4

                  JO

                  68,6

                  MA

                  58,4

                  TN

                  117,8

                  TR

                  103,1

                  ZZ

                  84,5

                  0707 00 05

                  AL

                  52,2

                  EG

                  152,2

                  TR

                  140,7

                  ZZ

                  115,0

                  0709 90 70

                  MA

                  82,8

                  TR

                  113,5

                  ZA

                  13,0

                  ZZ

                  69,8

                  0805 10 20

                  EG

                  48,9

                  IL

                  74,2

                  MA

                  47,9

                  TN

                  47,9

                  TR

                  72,0

                  ZZ

                  58,2

                  0805 50 10

                  EG

                  53,5

                  TR

                  47,7

                  ZZ

                  50,6

                  0808 10 80

                  AR

                  79,4

                  BR

                  74,3

                  CA

                  114,9

                  CL

                  81,8

                  CN

                  104,9

                  MK

                  47,7

                  NZ

                  114,4

                  US

                  123,4

                  UY

                  57,7

                  ZA

                  82,0

                  ZZ

                  88,1

                  0808 20 50

                  AR

                  83,0

                  CL

                  121,5

                  CN

                  70,7

                  ZA

                  87,4

                  ZZ

                  90,7

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


title: Commission Implementing Regulation (EU) 2016/38 of 14 January 2016 amending Regulation (EC) No 555/2008 as regards the maximum ceiling for advances for support for investments and innovation in the context of the national support programmes in the wine sector

text:
               16.1.2016

               EN

               Official Journal of the European Union

               L 11/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/38
   of 14 January 2016
   amending Regulation (EC) No 555/2008 as regards the maximum ceiling for advances for support for investments and innovation in the context of the national support programmes in the wine sector
   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 54(b) and (f) thereof,
   Whereas:

               (1)

               Articles 19(2) and 20c(2) of Commission Regulation (EC) No 555/2008 (2) provide for the financial management of the support granted for investments and innovation in the context of the national support programmes in the wine sector. Those provisions set the maximum ceiling for advance payments at 50 % for the financial years 2013, 2014 and 2015 as regards the investment measure and for the financial years 2014 and 2015 as regards the innovation measure. This temporary increase compared to the normal ceiling of 20 % should continue to apply in 2016 in order to ease the implementation of those measures against the background of the difficult financial situation that still prevails in many Member States.

               (2)

               Regulation (EC) No 555/2008 should therefore be amended accordingly.

               (3)

               In order to ensure the continuity of the conditions provided for the investment and innovation measures as regards advances and to exclude any discrimination among beneficiaries, this Regulation should apply from 1 January 2016.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 555/2008 is amended as follows:

               (1)

               In Article 19(2), the second subparagraph is replaced by the following:
               ‘The amount of the advances shall not exceed 20 % of the public aid related to the investment, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. However, in the case of investments for which the individual decision to grant support is taken in the financial years 2013, 2014, 2015 or 2016, the amount of the advances may be increased to up to 50 % of the public aid related to the investment concerned. For the purposes of Article 23 of Commission Delegated Regulation (EU) No 907/2014 (3) the obligation shall be to spend the total amount advanced in the implementation of the operation concerned two years after its payment.

                  (3)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).’"

               (2)

               In Article 20c(2), the second subparagraph is replaced by the following:
               ‘The amount of the advances shall not exceed 20 % of the public aid related to the investment in innovation, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. However, in the case of investments in innovation for which the individual decision to grant support is taken in the financial years 2014, 2015 or 2016, the amount of the advances may be increased to up to 50 % of the public aid related to the investment concerned. For the purposes of Article 23 of Delegated Regulation (EU) No 907/2014 the obligation shall be to spend the total amount advanced in the implementation of the operation concerned two years after its payment.’

         Article 2
   Entry into force and application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 January 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1).