title: Commission Implementing Regulation (EU) No 815/2012 of 13 September 2012 laying down detailed rules for the application of Council Regulation (EU) No 904/2010, as regards special schemes for non-established taxable persons supplying telecommunications, broadcasting or electronic services to non-taxable persons

text:
               14.9.2012

               EN

               Official Journal of the European Union

               L 249/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 815/2012
   of 13 September 2012
   laying down detailed rules for the application of Council Regulation (EU) No 904/2010, as regards special schemes for non-established taxable persons supplying telecommunications, broadcasting or electronic services to non-taxable persons
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (1), and in particular Article 44(1), second subparagraph of Article 44(2), Article 45(1) and (2), and Article 51(1) thereof,
   Whereas:

               (1)

               Regulation (EU) No 904/2010 lays down the rules for the administrative cooperation and the fight against fraud in the field of value added tax (VAT). Articles 44 and 45 of Regulation (EU) No 904/2010 specifically concern the exchange of information relating to the special schemes for telecommunications, broadcasting or electronic services provided for in Chapter 6 of Title XII of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2). Those special schemes involve a taxable person established outside the Member State of consumption declaring the VAT due on relevant sales in the Member State of consumption via an electronic interface in the Member State of identification (one-stop shop).

               (2)

               Certain information relating to transactions carried out under those special schemes is to be collected and exchanged between Member States. Specifically, that relates to the exchange of identification and the collection and exchange of VAT return details, including corrections to those VAT returns, between Member States.

               (3)

               To ensure that information is exchanged in a uniform manner, it is necessary to adopt the technical details for such exchange, including a common electronic message. This would also allow for the uniform development of the technical and functional specifications, as they would follow a regulated framework.

               (4)

               Certain information relating to changes to the identification details such as the exclusion from the special schemes, the voluntary cessation or the change of Member State of identification should also be exchanged, without delay, in a uniform manner in order to allow Member States to monitor the correct application of the special schemes and to combat fraud. To that end, common arrangements for the electronic exchange of such information should be provided.

               (5)

               In order to keep the administrative burden to a minimum, it is necessary to establish certain requirements for the electronic interface that facilitate submission of identification information and VAT returns by taxable persons. Member States should not be prevented from providing additional functionalities to further reduce administrative burdens.

               (6)

               In order to ensure that the information relating to registration into the scheme, and VAT returns rendered under the scheme, can be transmitted and processed effectively Member States should develop their electronic interface in a uniform manner. It is therefore necessary to establish the common electronic message for the transmission of that information.

               (7)

               It is necessary to clarify the information to be submitted in cases where no sales under the special schemes are made in a particular period in one or all Member States.

               (8)

               With a view to enabling Member States and taxable persons to refer to the VAT returns in an unequivocal way in their subsequent communications, including on the payment of the tax, the Member State of identification should allocate a unique reference number to each VAT return.

               (9)

               This Regulation should apply from the same day from which Articles 44 and 45 of Regulation (EU) No 904/2010 apply.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Definitions
   For the purposes of this Regulation, the following definitions apply:

               (1)

               ‘non-Union scheme’ means the special scheme for telecommunications services, broadcasting services or electronic services supplied by taxable persons not established within the Community provided for in Section 2 of Chapter 6 of Title XII of Directive 2006/112/EC;

               (2)

               ‘Union scheme’ means the special scheme for telecommunications services, broadcasting services or electronic services supplied by taxable persons established within the Community but not in the Member State of consumption provided for in Section 3 of Chapter 6 of Title XII of Directive 2006/112/EC;

               (3)

               ‘special schemes’ means non-Union scheme and Union scheme.

         Article 2
   Functionalities of the electronic interface
   The electronic interface in the Member State of identification by which a taxable person registers the use of one of the special schemes, and via which that person submits the value added tax (VAT) returns under that scheme to the Member State of identification, shall have the following functionalities:

               (a)

               it must offer the facility to save the identification details pursuant to Article 361 of Directive 2006/112/EC, or the VAT return pursuant to Articles 365 and 369g of Directive 2006/112/EC, before they are submitted;

               (b)

               it must allow for the taxable person to submit the relevant information relating to the VAT returns via an electronic file transfer in accordance with conditions laid down by the Member State of identification.

         Article 3
   Transmission of identification information
   1.   The Member State of identification shall transmit the following to the other Member States, via the CCN/CSI network:

               (a)

               information to identify the taxable person using the non-Union scheme;

               (b)

               similar details to identify the taxable person using the Union scheme;

               (c)

               allocated identification number.

         The common electronic message set out in Annex I shall be used to transmit the information referred to in the first subparagraph. Column B of the common electronic message set out in Annex I shall be used for the non-Union scheme and column C of that common electronic message shall be used for the Union scheme.
   2.   The Member State of identification shall without delay inform the other Member States via the CCN/CSI network, using the common electronic message set out in Annex II to this Regulation, where the taxable person:

               (a)

               is excluded from one of the special schemes;

               (b)

               voluntarily ceases to use one of the special schemes;

               (c)

               changes the Member State of identification within the Union scheme.

         Article 4
   Submission of VAT return by the taxable person
   1.   The taxable person shall submit the VAT returns with the details pursuant to Articles 365 and 369g of Directive 2006/112/EC to the Member State of identification using the common electronic message set out in Annex III to this Regulation. Column B of the common electronic message set out in Annex III shall be used for the non-Union scheme and column C of that common electronic message shall be used for the Union scheme.
   2.   Where a taxable person makes no supplies of services under the special schemes in any Member State during a return period, a nil VAT return shall be completed. For that purpose, only boxes 1, 2 and 21 of the common electronic message set out in Annex III shall be completed for the Union scheme and boxes 1, 2 and 11 for the non-Union scheme.
   3.   The taxable person shall only be required to insert the supplies relating to a Member State of consumption and from a Member State of establishment if supplies of services under the special schemes have been made in or from that Member State respectively within the return period.
   Article 5
   Transmission of information contained in VAT return
   The information contained in the VAT return referred to in Article 4(1) shall be sent by the Member State of identification to each Member State of consumption and establishment mentioned on the VAT return, via the CCN/CSI network, using the common electronic message set out in Annex III to this Regulation.
   For the purpose of the first paragraph, the Member State of identification shall transmit to the Member State of consumption and establishment in which or from which supplies have been made, the general information contained in part 1 of the common electronic message set out in Annex III, together with the information in part 2 of that common electronic message relating to that particular Member State of consumption or establishment.
   The Member State of identification shall transmit the information contained in the VAT return only to those Member States which have been indicated on that VAT return.
   Article 6
   Unique reference number
   The information transmitted pursuant to Article 5 shall contain a reference number allocated by the Member State of identification which is unique to the specific VAT return.
   Article 7
   Corrections to VAT returns
   The Member State of identification shall allow the taxable person to correct any VAT returns via the electronic interface referred to in Article 2. The Member State of identification shall transmit information on corrections to the Member State(s) of consumption and establishment concerned in accordance with Article 5, and allocate a timestamp to that information.
   Article 8
   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.
   It shall apply from 1 January 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 268, 12.10.2010, p. 1.

      (2)  OJ L 347, 11.12.2006, p. 1.

      ANNEX I

         Identification details

                  Column A

                  Column B

                  Column C

                  Box number

                  The non-Union scheme

                  The Union scheme

                  1

                  Individual VAT identification number allocated by the Member State of identification in accordance with Article 362 of Directive 2006/112/EC (1)

                  Individual VAT identification number allocated by the Member State of identification in accordance with Article 369d of Directive 2006/112/EC, including the country code

                  2

                  The national tax number, if any

                  3

                  The company name

                  The company name

                  4

                  The trading name(s) of the company if different from the company name

                  The trading name(s) of the company if different from the company name

                  5

                  The full postal address (2)

                  The full postal address (3)

                  6

                  The country in which the taxable person has his place of business

                  The country in which the taxable person has his place of business if not in the Union

                  7

                  The e-mail address of the taxable person

                  The e-mail address of the taxable person

                  8

                  The website(s) of the taxable person where available

                  The website(s) of the taxable person where available

                  9

                  Contact name

                  Contact name

                  10

                  Telephone number

                  Telephone number

                  11

                  IBAN or OBAN number

                  IBAN number

                  12

                  BIC number

                  BIC number

                  13.1

                  Individual VAT identification number(s) or if not available, tax reference number(s) allocated by the Member State(s) in which the taxable person has a fixed establishment(s) (4) other than in the Member State of identification

                  14.1

                  Full postal address(es) and trading name(s) of fixed establishments (5) other than in the Member State of identification

                  15.1

                  VAT identification number(s) allocated by Member State(s) as a non-established taxable person (6)

                  16

                  Electronic declaration that the taxable person is not registered for VAT within the Union

                  17

                  Date of commencement of using the scheme (7)

                  Date of commencement of using the scheme (8)

                  18

                  Date of request to be registered under the scheme by the taxable person

                  Date of request to be registered under the scheme by the taxable person

                  19

                  Date of registration decision by the Member State of identification

                  Date of registration decision by the Member State of identification

                  20

                  Indicator of whether the taxable person is a VAT group (9)

                  21

                  Individual VAT identification number(s) allocated by the Member State of identification in accordance with Articles 362 or 369d of Directive 2006/112/EC if they have previously used either scheme

                  Individual VAT identification number(s) allocated by the Member State of identification in accordance with Articles 362 or 369d of Directive 2006/112/EC if they have previously used either scheme

         (1)  To follow format: EUxxxyyyyyz where: xxx is the 3-digit ISO numeric of the MSI; yyyyy is the 5-digit number assigned by MSI; and z is a check digit.

         (2)  Postcode to be indicated if there is one.

         (3)  Postcode to be indicated if there is one.

         (4)  Where there is more than one fixed establishment, use box 13.1, 13.2, etc.

         (5)  Where there is more than one fixed establishment, use box 14.1, 14.2, etc.

         (6)  Where there is more than one VAT identification number allocated by Member State(s) as a non-established taxable person, use box 15.1, 15.2 etc.

         (7)  This can be in certain limited cases prior to the date of registration onto the scheme.

         (8)  This can be in certain limited cases prior to the date of registration onto the scheme.

         (9)  This is a simple yes/no tick box.

      ANNEX II

         Details relating to the status of a taxable person in the register of a Member State of identification

                  Individual VAT identification number allocated by the Member State of identification, including country code

                  Date from which the change is effective

                  Reason for changing the status of the taxable person in the register by using the following codes:

                              (1)

                              The taxable person has notified the Member State of identification that he no longer supplies telecommunications, broadcasting or electronic services;

                              (2)

                              It is assumed by the Member State of identification that the taxable activities of the taxable person covered by the special scheme have ceased;

                              (3)

                              The taxable person no longer meets the conditions necessary for the use of the special scheme;

                              (4)

                              The taxable person persistently fails to comply with the rules of the special scheme;

                              (5)

                              The taxable person has requested to voluntarily leave the scheme;

                              (6)

                              The taxable person has requested to be identified in a new Member State of identification.

      ANNEX III

         VAT returns

                     Part 1:   General information

                  Column A

                  Column B

                  Column C

                  Box number

                  The non-Union scheme

                  The Union scheme

                     Unique reference number
                      (1):

                  1

                  Individual VAT identification number allocated by the Member State of identification, in accordance with Article 362 of Directive 2006/112/EC

                  Individual VAT identification number allocated by the Member State of identification, in accordance with Article 369d of Directive 2006/112/EC, including country code

                  2

                  VAT period (2)

                  VAT period (3)

                  2a

                  Start date and end date of period (4)

                  Start date and end date of period (5)

                  3

                  Currency

                  Currency

                     Part 2:   For each Member State of consumption in which VAT is due
                      (6)

                  2(a)   Supplies carried out from the place of business or fixed establishment in the Member State of identification

                  4.1

                  Country code of the Member State of consumption

                  Country code of the Member State of consumption

                  5.1

                  Standard VAT rate in the Member State of consumption

                  Standard VAT rate in the Member State of consumption

                  6.1

                  Reduced VAT rate in the Member State of consumption

                  Reduced VAT rate in the Member State of consumption

                  7.1

                  Taxable amount at standard rate

                  Taxable amount at standard rate

                  8.1

                  VAT amount at standard rate

                  VAT amount at standard rate

                  9.1

                  Taxable amount at reduced rate

                  Taxable amount at reduced rate

                  10.1

                  VAT amount at reduced rate

                  VAT amount at reduced rate

                  11.1

                  Total VAT amount payable

                  Total VAT amount payable for supplies of services carried out from the place of business or fixed establishment in the Member State of identification

                  2(b)   Supplies carried out from fixed establishments not in Member State of identification
                      (7)

                  12.1

                  Country code of the Member State of consumption

                  13.1

                  Standard VAT rate in the Member State of consumption

                  14.1

                  Reduced VAT rate in the Member State of consumption

                  15.1

                  Individual VAT identification number, or if not available tax reference number, allocated by the Member State of fixed establishment, including country code

                  16.1

                  Taxable amount at the standard rate

                  17.1

                  VAT amount payable at the standard rate

                  18.1

                  Taxable amount at the reduced rate

                  19.1

                  VAT amount payable at the reduced rate

                  20.1

                  Total VAT amount payable for supplies of services carried out from fixed establishment not in Member State of identification.

                  2(c)   Grand total for the place of business or fixed establishment in the Member State of identification, and all fixed establishments in all other Member States

                  21.1

                  Total VAT amount payable by all establishments (Box 11.1 + Box 11.2 … + Box 20.1 + Box 20.2 …)

         (1)  Unique reference number as allocated by the Member State of identification shall consist of country code of MSI/VAT number/period – i.e. GB/xxxxxxxxx/Q1.yy + add timestamp for each version. The number shall be attributed by the Member State of identification before transmission of the return to the other Member States concerned.

         (2)  Relates to calendar quarters: Q1.yyyy – Q2.yyyy – Q3.yyyy Q4.yyyy.

         (3)  Relates to calendar quarters: Q1.yyyy – Q2.yyyy – Q3.yyyy Q4.yyyy.

         (4)  To be completed only in cases where the taxable person submits more than one VAT return for the same quarter. Relates to calendar days: dd.mm.yyyy – dd.mm.yyyy.

         (5)  To be completed only in cases where the taxable person submits more than one VAT return for the same quarter. Relates to calendar days: dd.mm.yyyy – dd.mm.yyyy.

         (6)  Where there is more than one Member State of consumption (or if in a single Member State of consumption there has been a VAT rate change in the middle of a quarter), use box 4.2, 5.2, 6.2 etc.

         (7)  Where there is more than one establishment, use box 12.1.2, 13.1.2 14.1.2 etc.


title: Commission Implementing Regulation (EU) No 938/2014 of 2 September 2014 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China by imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, and making such imports subject to registration

text:
               3.9.2014

               EN

               Official Journal of the European Union

               L 263/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 938/2014
   of 2 September 2014
   initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China by imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, and making such imports subject to registration
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’) and in particular Articles 13(3) and 14(5) thereof,
   After having informed the Member States,
   Whereas:
   A.   REQUEST

               (1)

               The European Commission (‘the Commission’) has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of bicycles originating in the People's Republic of China and to make imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, subject to registration.

               (2)

               The request was lodged on 23 July 2014 by the European Bicycle Manufacturers Association (EBMA) on behalf of fifteen Union producers of bicycles.

         B.   PRODUCT

               (3)

               The product concerned by the possible circumvention is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes 8712 00 30 and ex 8712 00 70 and originating in the People's Republic of China (‘the product concerned’).

               (4)

               The product under investigation is the same as that defined in the previous recital, but consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, currently falling within the same CN codes as the product concerned (‘the product under investigation’).

         C.   EXISTING MEASURES

               (5)

               The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EU) No 502/2013 (2).

         D.   GROUNDS

               (6)

               The request contains sufficient prima facie evidence that the anti-dumping measures on imports of bicycles originating in the People's Republic of China are being circumvented by means of transhipment via, and assembly operations in, Cambodia, Pakistan and the Philippines.

               (7)

               The prima facie evidence submitted is as follows.

               (8)

               The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China, Cambodia, Pakistan and the Philippines to the Union has taken place following the imposition of the measures and their extension, by Council Implementing Regulation (EU) No 501/2013 (3), to imports consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in these countries or not, without sufficient due cause or economic justification for such a change other than the imposition of the duty.

               (9)

               This change appears to stem from the transhipment of bicycles originating in the People's Republic of China via Cambodia, Pakistan and the Philippines to the Union and from assembly operations in Cambodia, Pakistan and the Philippines.

               (10)

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

               (11)

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

               (12)

               Should circumvention practices via Cambodia, Pakistan and the Philippines covered by Article 13 of the basic Regulation, other than transhipment and assembly operations, be identified in the course of the investigation, the investigation may also cover these practices.

         E.   PROCEDURE

               (13)

               In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the product under investigation, whether declared as originating in Cambodia, Pakistan and the Philippines or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.

         (a)   Questionnaires

               (14)

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

               (15)

               In any event, all interested parties should contact the Commission forthwith, but not later than within the time limit set in Article 3 of this Regulation, and request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.

               (16)

               The authorities of the People's Republic of China, Cambodia, Pakistan and the Philippines will be notified accordingly of the initiation of the investigation.

         (b)   Collection of information and holding of hearings

               (17)

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

         (c)   Exemption of registration of imports or measures

               (18)

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

               (19)

               Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers in Cambodia, Pakistan and the Philippines of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, that can show that they are not related (4) to any producer subject to the measures (5) and that are found not to be engaged in circumvention practices as defined in Article 13(1) and (2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.

         F.   REGISTRATION

               (20)

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

         G.   TIME LIMITS

               (21)

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

                           —

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

                           —

                           producers in Cambodia, Pakistan and the Philippines may request exemption from registration of imports or measures,

                           —

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

               (22)

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

         H.   NON-COOPERATION

               (23)

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

               (24)

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

               (25)

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

         I.   SCHEDULE OF THE INVESTIGATION

               (26)

               The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of the publication of this Regulation in the Official Journal of the European Union.

         J.   PROCESSING OF PERSONAL DATA

               (27)

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

         K.   HEARING OFFICER

               (28)

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

               (29)

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

               (30)

               For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/,

         HAS ADOPTED THIS REGULATION:
   Article 1
   An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009, in order to determine if imports into the Union of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC codes 8712003020, and 8712007092) consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, are circumventing the measures imposed by Regulation (EU) No 502/2013.
   Article 2
   The Customs authorities shall, pursuant to Article 13(3) and Article 14(5)of Regulation (EC) No 1225/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.
   Registration shall expire nine months following the date of entry into force of this Regulation.
   The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption of registration and having been found to fulfil the conditions for an exemption to be granted.
   Article 3

               (1)

               Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

               (2)

               Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

               (3)

               Producers in Cambodia, Pakistan and the Philippines requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit.

               (4)

               Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

               (5)

               Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.

         All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis must be labelled as ‘Limited’
       (7) and, in accordance with Article 19(2) of the basic Regulation, must be accompanied by a non-confidential version, which must be labelled ‘For inspection by interested parties’.
   Commission address for correspondence:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: CHAR 04/039

               1049 Bruxelles/Brussel

               BELGIQUE/BELGIË

               E-mail: TRADE-R608-BICYCLES-CIR@ec.europa.eu

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 September 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 153, 5.6.2013, p. 17).

      (3)  Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ L 153, 5.6.2013, p. 1).

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

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

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

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


title: Commission Implementing Regulation (EU) 2015/223 of 12 February 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               13.2.2015

               EN

               Official Journal of the European Union

               L 37/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/223
   of 12 February 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 February 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  EG

                  138,6

                  IL

                  97,8

                  MA

                  87,0

                  TR

                  113,2

                  ZZ

                  109,2

                  0707 00 05

                  EG

                  191,6

                  JO

                  217,9

                  TR

                  195,8

                  ZZ

                  201,8

                  0709 91 00

                  EG

                  57,5

                  ZZ

                  57,5

                  0709 93 10

                  MA

                  225,7

                  TR

                  232,1

                  ZZ

                  228,9

                  0805 10 20

                  EG

                  46,8

                  IL

                  75,5

                  MA

                  54,3

                  TN

                  50,6

                  TR

                  67,8

                  ZZ

                  59,0

                  0805 20 10

                  IL

                  146,2

                  MA

                  107,7

                  ZZ

                  127,0

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

                  EG

                  74,4

                  IL

                  143,3

                  JM

                  116,6

                  MA

                  111,0

                  TR

                  80,4

                  ZZ

                  105,1

                  0805 50 10

                  TR

                  65,0

                  ZZ

                  65,0

                  0808 10 80

                  BR

                  65,7

                  CL

                  89,9

                  CN

                  119,5

                  MK

                  22,6

                  US

                  197,5

                  ZZ

                  99,0

                  0808 30 90

                  CL

                  291,0

                  ZA

                  121,4

                  ZZ

                  206,2

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


title: Commission Implementing Regulation (EU) 2017/807 of 11 May 2017 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2017

text:
               12.5.2017

               EN

               Official Journal of the European Union

               L 121/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/807
   of 11 May 2017
   derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2017
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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 (1), and in particular point (b) of the first paragraph and the second paragraph of Article 78 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme.

               (2)

               Several Member States are implementing changes to their administrative system for direct payments, involving inter alia structural changes to their land parcel identification system and a reorganisation of the information technology. Those changes coincide with an important step in the compulsory introduction of the geo-spatial aid application. As a result, administrative difficulties have been encountered in those Member States.

               (3)

               That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014.

               (4)

               In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2017 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the dates and periods referred to in Articles 11(4), 15(2) and (2a) of Implementing Regulation (EU) No 809/2014 are linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of the results of preliminary checks and of amendments to the single application or payment claim.

               (5)

               Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2017, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2017.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development,

         HAS ADOPTED THIS REGULATION:
   Article 1
   By way of derogation from the first subparagraph of Article 13(1) of Implementing Regulation (EU) No 809/2014, for the year 2017, the final dates to be fixed by Member States by which the single application, aid applications or payment claims have to be submitted shall not be later than 15 June.
   Article 2
   By way of derogation from Article 15(2) of Implementing Regulation (EU) No 809/2014, for the year 2017, in Member States using the derogation provided for in Article 1 of this Regulation the amendments made to the single application or payment claim in accordance with Article 15(1) of Implementing Regulation (EU) No 809/2014 shall be notified to the competent authority by 15 June.
   Article 3
   The derogations provided for in Articles 1 and 2 shall also apply in the Member States concerned for the purpose of calculating the periods of 26, 35 and 10 calendar days, respectively, after the final date of submission of the single application, aid application or payment claims and the final date for notification of amendments as referred to in Articles 11(4) and 15(2a) of Implementing Regulation (EU) No 809/2014.
   Article 4
   By way of derogation from Article 22(1) of Implementing Regulation (EU) No 809/2014, for the year 2017, the date to be fixed by Member States for the submission of applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme shall not be later than 15 June.
   Article 5
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply to applications and payment claims relating to the year 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 May 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).


title: Commission Implementing Regulation (EU) No 1015/2013 of 22 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.10.2013

               EN

               Official Journal of the European Union

               L 281/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 1015/2013
   of 22 October 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 October 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  40,0

                  MK

                  45,6

                  ZZ

                  42,8

                  0707 00 05

                  MK

                  62,5

                  TR

                  119,2

                  ZZ

                  90,9

                  0709 93 10

                  TR

                  147,7

                  ZZ

                  147,7

                  0805 50 10

                  AR

                  100,6

                  CL

                  90,0

                  IL

                  100,2

                  TR

                  84,1

                  ZA

                  102,7

                  ZZ

                  95,5

                  0806 10 10

                  BR

                  230,6

                  TR

                  163,0

                  ZZ

                  196,8

                  0808 10 80

                  CL

                  94,7

                  NZ

                  104,2

                  US

                  156,2

                  ZA

                  105,3

                  ZZ

                  115,1

                  0808 30 90

                  TR

                  120,5

                  ZZ

                  120,5

         (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) No 1124/2013 of 8 November 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenox  Text with EEA relevance

text:
               9.11.2013

               EN

               Official Journal of the European Union

               L 299/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 1124/2013
   of 8 November 2013
   amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenox
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first alternative of Article 21(3) and Article 78(2) thereof,
   Whereas:

               (1)

               Commission Directive 2008/66/EC (2) included bifenox as active substance in Annex I to Council Directive 91/414/EEC (3).

               (2)

               Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

               (3)

               In accordance with the first subparagraph of Article 21(1) of Regulation (EC) No 1107/2009 Belgium submitted a request to the Commission to review the approval of bifenox in the light of new scientific and technical knowledge resulting from information submitted to that Member State by the notifier pursuant to Article 56(1) of that Regulation. That information concerned formation of nitrofen resulting from the application of bifenox.

               (4)

               Belgium assessed the information submitted by the notifier. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority, hereinafter ‘the Authority’, on 21 March 2013.

               (5)

               In the light of that information the Commission considered that there are indications that bifenox no longer satisfies the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

               (6)

               The Commission invited the notifier to submit its comments.

               (7)

               The Commission has come to the conclusion that, given the fact that under certain environmental conditions the use of bifenox has the potential to form nitrofen a risk for the environment cannot be excluded except by imposing further restrictions.

               (8)

               It is confirmed that the active substance bifenox is to be deemed to have been approved under Regulation (EC) No 1107/2009. When assessing applications for authorisation of plant protection products, Member States should pay particular attention to the potential of bifenox to form nitrofen and impose restrictions as regards the conditions of use, where appropriate.

               (9)

               The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Implementing Regulation (EU) No 540/2011
   Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
   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, 8 November 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Commission Directive 2008/66/EC of 30 June 2008 amending Council Directive 91/414/EEC to include bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine as active substances (OJ L 171, 1.7.2008, p. 9).

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

      (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      ANNEX
      The column ‘Specific provisions’ of row 180, bifenox, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:

         ‘PART A
         Only uses as herbicide may be authorised.
         PART B
         For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bifenox, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 2008 shall be taken into account.
         In this overall assessment Member States shall pay particular attention to:

                     (a)

                     the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment where appropriate;

                     (b)

                     the dietary exposure of consumers to bifenox residues in products of animal origin and in succeeding rotational crops;

                     (c)

                     the environmental conditions leading to the potential formation of nitrofen.

               Member States shall impose restrictions as regards the conditions of use, where appropriate in view of point (c).’


title: Commission Implementing Regulation (EU) No 706/2011 of 20 July 2011 approving the active substance profoxydim, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011  Text with EEA relevance

text:
               21.7.2011

               EN

               Official Journal of the European Union

               L 190/50

         COMMISSION IMPLEMENTING REGULATION (EU) No 706/2011
   of 20 July 2011
   approving the active substance profoxydim, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) and Article 78(2) thereof,
   Whereas:

               (1)

               In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For profoxydim the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 1999/43/EC (3).

               (2)

               In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 2 April 1998 an application from BASF SE for the inclusion of the active substance profoxydim in Annex I to Directive 91/414/EEC. Decision 1999/43/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 28 March 2001.

               (4)

               For profoxydim the draft assessment report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 17 June 2011 in the format of the Commission review report for profoxydim.

               (5)

               It has appeared from the various examinations made that plant protection products containing profoxydim may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve profoxydim.

               (6)

               Without prejudice to the obligations provided for by Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009 the following should, however, apply. Member States should be allowed a period of 6 months after approval to review authorisations of plant protection products containing profoxydim. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

               (7)

               The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (4) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

               (8)

               In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (5) should be amended accordingly.

               (9)

               In the interest of clarity, Commission Directive 2011/14/EU of 24 February 2011 amending Council Directive 91/414/EEC to include profoxydim as active substance (6) should be repealed.

               (10)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of active substance
   The active substance profoxydim, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
   Article 2
   Re-evaluation of plant protection products
   1.   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing profoxydim as active substance by 31 January 2012.
   By that date, they shall in particular verify that the conditions in Annex I to this Regulation are met, with the exception of those identified in Part B of the column on specific provisions of that Annex, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to Directive 91/414/EEC in accordance with the conditions of Article 13(1) to (4) of that Directive and Article 62 of Regulation (EC) No 1107/2009.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing profoxydim as either the only active substance or as one of several active substances all of which were listed in the Annex to Implementing Regulation (EU) No 540/2011 by 31 July 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, on the basis of a dossier satisfying the requirements of Annex III to Directive 91/414/EEC and taking into account Part B of the column on specific provisions of Annex I to this Regulation. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 29(1) of Regulation (EC) No 1107/2009.
   Following that determination Member States shall:

               (a)

               in the case of a product containing profoxydim as the only active substance, where necessary, amend or withdraw the authorisation by 31 January 2013 at the latest; or

               (b)

               in the case of a product containing profoxydim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 January 2013 or by the date fixed for such an amendment or withdrawal in the respective act or acts which added the relevant substance or substances to Annex I to Directive 91/414/EEC or approved that substance or substances, whichever is the latest.

         Article 3
   Amendments to Implementing Regulation (EU) No 540/2011
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 4
   Repeal
   Directive 2011/14/EU is repealed.
   Article 5
   Entry into force and date of application
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 August 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 230, 19.8.1991, p. 1.

      (3)  OJ L 14, 19.1.1999, p. 30.

      (4)  OJ L 366, 15.12.1992, p. 10.

      (5)  OJ L 153, 11.6.2011, p. 1.

      (6)  OJ L 51, 25.2.2011, p. 16.

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Expiration of approval

                  Specific provisions

                  Profoxydim
                  CAS No 139001-49-3
                  CIPAC No 621

                  2 - [(1 E/Z) - [(2 R S) – 2 - (4 – chlorophenoxy) propoxyimino] butyl] – 3 – hydroxy – 5 - [(3 R S; 3 S R) – tetrahydro – 2 H – thiopyran – 3 – yl] cyclohex – 2 - enone

                  ≥ 940 g/kg

                  1 August 2011

                  31 July 2021

                  PART A
                  Only uses as herbicide in rice may be authorised.
                  PART B
                  For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on profoxydim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.
                  In this overall assessment, Member States shall pay particular attention to:

                              —

                              the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

                              —

                              the long-term risk to non-target organisms.

                        Conditions of authorisation shall include risk mitigation measures where appropriate.

         (1)  Further details on identity and specification of active substances are provided in the review report.

      ANNEX II
      In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                     Number

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Expiration of approval

                     Specific provisions

                     ‘2

                     Profoxydim
                     CAS No 139001-49-3
                     CIPAC No 621

                     2 - [(1 E/Z) - [(2 R S) – 2 - (4 – chlorophenoxy) propoxyimino] butyl] – 3 – hydroxy – 5 - [(3 R S; 3 S R) – tetrahydro – 2 H – thiopyran – 3 – yl] cyclohex – 2 - enone

                     ≥ 940 g/kg

                     1 August 2011

                     31 July 2021

                     PART A
                     Only uses as herbicide in rice may be authorised.
                     PART B
                     For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on profoxydim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 shall be taken into account.
                     In this overall assessment, Member States shall pay particular attention to:

                                 —

                                 the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

                                 —

                                 the long-term risk to non-target organisms.

                           Conditions of authorisation shall include risk mitigation measures where appropriate.’

         (1)  Further details on identity and specification of active substances are provided in the review report.


title: Commission Implementing Regulation (EU) 2016/546 of 7 April 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.4.2016

               EN

               Official Journal of the European Union

               L 94/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/546
   of 7 April 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 April 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  268,0

                  MA

                  91,1

                  SN

                  164,2

                  TR

                  99,8

                  ZZ

                  155,8

                  0707 00 05

                  MA

                  80,7

                  TR

                  131,0

                  ZZ

                  105,9

                  0709 93 10

                  MA

                  89,8

                  TR

                  118,9

                  ZZ

                  104,4

                  0805 10 20

                  EG

                  49,3

                  IL

                  77,2

                  MA

                  55,4

                  TN

                  71,4

                  TR

                  40,8

                  ZA

                  51,4

                  ZZ

                  57,6

                  0805 50 10

                  MA

                  91,9

                  TR

                  65,0

                  ZZ

                  78,5

                  0808 10 80

                  AR

                  86,1

                  BR

                  93,7

                  CL

                  116,7

                  US

                  158,0

                  ZA

                  85,9

                  ZZ

                  108,1

                  0808 30 90

                  AR

                  181,1

                  CL

                  105,5

                  CN

                  66,8

                  ZA

                  127,2

                  ZZ

                  120,2

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