title: Commission Implementing Regulation (EU) 2017/980 of 7 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for cooperation in supervisory activities, for on-site verifications, and investigations and exchange of information between competent authorities in accordance with Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
                  10.6.2017

                  EN

                  Official Journal of the European Union

                  L 148/3

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/980
      of 7 June 2017
      laying down implementing technical standards with regard to standard forms, templates and procedures for cooperation in supervisory activities, for on-site verifications, and investigations and exchange of information between competent authorities in accordance with Directive 2014/65/EU 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 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (1), and in particular Articles 80(4) and 81(4) thereof,
      Whereas:

                  (1)

                  Directive 2014/65/EU sets out obligations for the cooperation and exchange of information between competent authorities. As part of that procedure, a competent authority may request the cooperation of the competent authority of another Member State for an on-the-spot verification or in an investigation.

                  (2)

                  In order to ensure that competent authorities are able to cooperate and exchange information in an efficient and timely manner for the purposes of Directive 2014/65/EU and provide each other full mutual assistance, it is appropriate to lay down procedures as well as templates and forms to be used by competent authorities for such cooperation and exchanges of information, including for the submission of requests for cooperation or exchange of information, acknowledgements of receipt and replies to such requests.

                  (3)

                  To ensure that requested authorities process requests for cooperation or information efficiently and expeditiously, each request should clearly set out the reason for the request for cooperation or exchange of information. Beyond the use of templates and forms for requests for cooperation or requests for information and replies to such requests, the procedures for cooperation and exchange of information should allow and facilitate the communication, consultation and interaction between the requesting authority and the requested authority, throughout the process.

                  (4)

                  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

                  (5)

                  For reasons of consistency and in order to ensure the smooth functioning of the financial markets, it is necessary that the provisions laid down in this Regulation and the provisions laid down in Directive 2014/65/EU apply from the same date.

                  (6)

                  This Regulation is based on the draft implementing technical standards submitted by the European Securities and Markets Authority (‘ESMA’) to the Commission.

                  (7)

                  ESMA did not conduct open public consultations on the draft implementing technical standards on which this Regulation is based, nor did it analyse the potential related costs and benefits of introducing the standard forms, templates and procedures to be used by the relevant competent authorities, as this would have been disproportionate in relation to the scope and impact of those standards, taking into account that their addressees would only be the national competent authorities of the Member States and not market participants.

                  (8)

                  ESMA has requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

            HAS ADOPTED THIS REGULATION:
      Article 1
      Contact points
      1.   Competent authorities shall designate contact points for the communication of requests for cooperation or for exchange of information pursuant to Articles 80 and 81 of Directive 2014/65/EU respectively. They shall publish the details of the contact points on their websites.
      2.   The competent authorities shall communicate the details of their contact points to ESMA. ESMA shall maintain and update a list of the contact points designated in accordance with paragraph 1, for the use of the competent authorities.
      Article 2
      Request for cooperation or exchange of information
      1.   A requesting authority shall make a request for cooperation or exchange of information in paper form or by electronic means, using the form set out in Annex I. It shall address the request to the contact point of the requested authority.
      2.   In urgent cases, the requesting authority may make the request for cooperation or exchange of information verbally provided that subsequent confirmation of the request is made in writing within a reasonable timeframe, unless the requested authority agrees otherwise.
      3.   The requesting authority may attach to the request any document or supporting material deemed necessary to support the request.
      Article 3
      Acknowledgement of receipt
      Within 10 working days of receipt of the request for cooperation or exchange of information by the contact point of the requested authority, that authority shall send an acknowledgement of receipt to the requesting authority, using the form set out in Annex II.
      Article 4
      Reply to a request for cooperation or exchange of information
      1.   The requested authority shall respond to a request for cooperation or exchange of information in paper form or by electronic means, using the form set out in Annex III. Unless otherwise specified by the requesting authority, the reply shall be addressed to the contact point of the requesting authority.
      2.   The requested authority shall execute requests for cooperation or exchange of information in a manner which ensures any necessary regulatory action shall proceed without undue delay, taking into account the complexity of the request and the necessity to involve third parties or another authority.
      Article 5
      Procedures for sending and processing a request for cooperation or exchange of information
      1.   The requesting authority and the requested authority shall communicate in relation to the request for cooperation or exchange of information either in paper form or electronically, depending on which of the two is the most expeditious, and taking due account of confidentiality considerations, correspondence times, the volume of material to be communicated and the ease of access to the information by the requesting authority. In particular, the requesting authority shall respond promptly to any clarifications asked by the requested authority.
      2.   The requested authority shall notify the requesting authority where it anticipates a delay of more than 5 working days beyond the estimated date of response specified in the acknowledgement of receipt.
      3.   Where the request has been qualified by the requesting authority as urgent, the requested authority and the requesting authority shall agree on the frequency with which the requested authority will update the requesting authority on its handling of the request and on the date when it expects to provide a response.
      4.   The requested authority and the requesting authority shall cooperate to resolve any difficulties that may arise in executing a request.
      Article 6
      Procedure for requests for taking a statement from a person
      1.   If the requesting authority includes within its request the taking of a statement of any person, the requested authority and the requesting authority shall, subject to existing legal limitations or constraints and any differences in procedural requirements, assess and take into account:

                  (a)

                  the rights of the person or persons from which the statements are to be taken;

                  (b)

                  the role of the staff of the requested authority and of the requesting authority in the taking of the statement;

                  (c)

                  whether the person from whom the statement is to be taken has the right to be assisted by a legal representative and, if so, the scope of the representative's assistance during the taking of the statement, including in relation to any records or report of the statement;

                  (d)

                  whether the statement is to be taken on a voluntary or compelled basis where that distinction exists;

                  (e)

                  whether, based on the information that is available at the time of the request, the person from which the statement is to be taken is a witness or subject of investigation;

                  (f)

                  whether, based on the information that is available at the time of the request, the statement could be, or is intended to be used in criminal proceedings;

                  (g)

                  the admissibility of the statement in the requesting authority's jurisdiction;

                  (h)

                  the recording of the statement and the applicable procedures, including whether it will be contemporaneous or summarised written minutes or an audio or audiovisual recording;

                  (i)

                  procedures on the certification or confirmation of the statement by the persons providing the statement, including whether that takes place after the statement is taken.

            2.   The requested authority and the requesting authority shall ensure that arrangements are in place for their staff to proceed efficiently, including arrangements to enable their staff to agree on any additional information that may be necessary, including the following:

                  (a)

                  planning of dates;

                  (b)

                  the list of questions to be asked of the person from which the statement is to be taken and its review;

                  (c)

                  travelling arrangements, including ensuring that the requested authority and the requesting authority are able to meet to discuss the matter prior to the taking of the statement;

                  (d)

                  translation arrangements.

            Article 7
      Procedure for requests for an on-site verification or investigation
      1.   Where there is a request for carrying out an on-site verification or investigation, the requesting authority and the requested authority shall consult each other on the best way to give useful effect to the request for cooperation taking into account points (a), (b) and (c) of Article 80(1) of Directive 2014/65/EU, including on the merits of conducting a joint on-site verification or joint investigation.
      In deciding on the best way to give useful effect to the request for cooperation, the requesting authority and the requested authority shall take into account at least the following:

                  (a)

                  the contents of any request for cooperation received from the requesting authority, including any suggestion on the appropriateness to carry out the investigation or on-site verification jointly;

                  (b)

                  whether they are separately conducting their own inquiries into a matter with cross-border implications and whether that matter would be more suitably dealt with by joint collaboration;

                  (c)

                  the legal and regulatory framework in each of their jurisdictions, ensuring that both authorities have a good understanding of the potential constraints and legal limitations on their conduct and on any proceedings that may follow, including any issues relating to the principle of ne bis in idem;

                  (d)

                  the management and direction needed for the investigation or on-site inspection;

                  (e)

                  the allocation of resources and appointment of staff in charge of carrying out investigation or on-site inspections;

                  (f)

                  the possibility to establish a joint action plan and timings of work by each authority;

                  (g)

                  the determination of actions to be taken, jointly or individually, by each authority;

                  (h)

                  mutual sharing of information gathered and reporting on the outcomes of the individual actions taken;

                  (i)

                  other case specific issues.

            2.   Where the requested authority carries out the verification or investigation itself, it shall keep the requesting authority informed of the progress of these activities and shall deliver its findings in good time.
      3.   Where the requesting authority and the requested authority decide to carry out a joint investigation or joint on-site verification, they shall:

                  (a)

                  engage in ongoing dialogue to coordinate the information gathering process and the finding of facts;

                  (b)

                  work closely and cooperate with each other when conducting the joint investigation or joint on-site inspection;

                  (c)

                  identify the specific legal provisions that form the subject matter of the investigation or on-site inspection;

                  (d)

                  where relevant, agree upon at least the following:

                              (i)

                              the drawing up of a joint action plan specifying the substance, nature and timing of the actions to be taken, including the allocation of responsibilities in delivering the outcome of the work and taking into account each authority's respective priorities;

                              (ii)

                              the identification and assessment of any legal limitations or constraints and any differences in procedures with respect to investigative or enforcement action or any other proceedings, including the rights of any person subject to investigation;

                              (iii)

                              the identification and assessment of specific legal professional privileges that may have an impact on the investigation proceedings as well as the enforcement proceedings, including self-incrimination;

                              (iv)

                              the public and press strategy;

                              (v)

                              the intended use of information exchanged.

            Article 8
      Unsolicited exchanges of information
      1.   Where a competent authority has information that it believes would assist another competent authority for the purposes of carrying out its duties under Directive 2014/65/EU or Regulation (EU) No 600/2014 of the European Parliament and of the Council (3), it shall transmit that information in paper form or by electronic means to the contact point of the other competent authority.
      2.   By way of derogation from paragraph 1, if the competent authority sending the information believes the information should be sent urgently, it may initially communicate the information verbally provided that subsequent transmission of information is made in writing within a reasonable timeframe, unless the authority receiving the information agrees otherwise.
      3.   An authority that sends information on an unsolicited basis shall do so using the form set out in Annex III, identifying in particular issues relating to the confidentiality of information.
      Article 9
      Requirement to notify competent authorities
      1.   Where, pursuant to Article 80(1) of Directive 2014/65/EU, a competent authority of a regulated market directly addresses investment firms that are remote members or participants of the regulated market, it shall inform the competent authority of the home Member State of the remote member or participant, in paper form or by electronic means, using the form set out in Annex IV to this Regulation, immediately after it has contacted the remote member or participant, unless the authority of the home Member State of the remote member or participant has previously agreed in writing to be informed by other means of communication.
      2.   If the reason for addressing the remote member or participant of the regulated market is urgent, the competent authority of the regulated market may for justified reasons, make the notification verbally provided that subsequent confirmation of the request is made in writing within a reasonable timeframe, unless the requested authority agrees otherwise.
      Article 10
      Entry into force and application
      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 3 January 2018.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 7 June 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 173, 12.6.2014, p. 349.

         (2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

         (3)  Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).

         ANNEX I

            Form for a request for cooperation or exchange of information

         Text of image

            Request for cooperation or exchange of information
            Reference number:
            Date:
            General information
            FROM:
            Member State:
            Requesting Authority:
            Address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requested Authority:
            Address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article(s) [80/81 (1)] of Directive 2014/65/EU your input is sought in relation to the matter(s) set out in further detail below.
            I would be grateful to receive a response to the above request by [insert indicative date for the reply and in case of an urgent request insert deadline for the information to be provided by] or, if that is not possible, for an indication as to when you anticipate being in a position to provide the assistance which is sought.
            (1) Please insert relevant Article of Directive 2014/65/EU.

         Text of image

            Type of request
            Please tick the appropriate box(es)
            Supervisory Activities (provision of information, taking of a statement, other)
            Investigation
            On-site verification
            Reasons for the request
            [insert provision(s) of the sectoral legislation under which the requesting authority is competent to deal with the matter]
            The request concerns cooperation or exchange of information on
            [insert description of the subject matter of the request, the purpose for which the cooperation or exchange of information is sought, facts underlying the investigation which form the basis of the request and explanation for its helpfulness]
            Further to
            [if applicable, insert details of the previous request in order to enable it to be identified]
            Supervisory Activities (provision of information, taking of a statement)
            (a) Please provide a detailed description of the specific information sought with reasons why that information will be of assistance and, if known, a list of the persons considered possessing the information sought or the places where such information may be obtained.
            (b) If the request concerns information relating to a transaction or order in a specific financial instrument, please provide the following information.

         Text of image

            Product ID:
            [insert precise description of the financial instrument, including the ISIN code]
            Person ID:
            [insert the identity of any person connected with the transaction or order, including a person dealing in the financial instrument or on whose behalf the dealing is considered to have taken place]
            Dates:
            [insert the dates between which transactions or orders in those financial instruments took place including in the case of a significant period of time, reasons why the entirety of the time period is beneficial]
            (c) If the request concerns information relating to the business or activities of a person, please provide information as precise as possible to enable that person to be identified.
            (d) If there are special considerations on the sensitivity of the information sought, please provide an indication of the sensitivity of the information contained in the request and any special precautions that have to be taken in collecting the information due to investigatory considerations.
            (e) Please provide any additional information.
            [Whether the requesting authority has been or will be in contact with any other authority or law enforcement agency in our Member State in relation to the subject matter of the request or any other authority which the requesting authority is aware that has an active interest in the subject matter of the request]
            (f) In case of an urgent request and the setting of any deadlines, please provide full explanation of the urgency of the request and an explanation of any deadlines that the requesting authority has asked for the information to be provided by.
            Taking of a statement
            Please indicate:
            (a) Statement under: oath /affirmation

         Text of image

            (b) Need and purpose of the taking of a statement:
            (c) Name of person(s) from whom the statement is to be obtained:
            [insert details of the persons from which the statement will be taken to enable the requested authority to begin the summoning process where applicable]
            (d) Detailed description of the information sought, including a preliminary list of questions (if available at the time of the request).
            (e) Any additional information which may be useful:
            [Whether the requesting authority’s staff is requesting participation in the taking of the statement, details of the participating officials of the requesting authority, where appropriate, description of any legal and procedural requirements that must be complied with to ensure the admissibility of statements made in the interview in the jurisdiction of the requesting’s authority]
            On-site verification or investigation
            If the request concerns an on-site verification or investigation on behalf of the requesting authority, please provide information to enable the requested authority to assess whether it may have an interest in entering into a joint investigation, including the requesting authority’s proposal for the verification or investigation, its reasoning and the benefits to the requested authority.
            [including all relevant information required by the requested authority to enable the latter to provide the necessary assistance, as appropriate]
            [Insert any necessary confidentiality warnings or any necessary restrictions on the permissible uses of information (in compliance with Union law)].
            Yours sincerely,
            [signature]

         ANNEX II

            Form for the acknowledgement of receipt

         Text of image

            Acknowledgement of receipt
            Reference number:
            Date:
            FROM:
            Member State:
            Requested Authority:
            Address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requesting Authority:
            Legal address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            Following your request [insert reference to request] we hereby acknowledge receipt of your request for cooperation or request for information on [insert date].
            Estimated date of response:
            Yours sincerely,
            [signature]

         ANNEX III

            Form for the reply to a request for cooperation or exchange of information

         Text of image

            Reply to a request for cooperation or exchange of information
            Reference number:
            Date:
            General information
            FROM:
            Member State:
            Requested Authority:
            Legal address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requesting Authority:
            Legal address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            We confirm that your request dated [dd.mm.yyyy] with reference [insert request reference number] has been processed by us.
            Information gathered
            [If the information has been gathered, please set out the information here or provide an explanation of how it will be provided]

         Text of image

            The information provided is confidential and is disclosed to [insert name of the requesting authority] pursuant to the [insert provision of MiFID II] and on the basis that the information shall remain confidential in accordance with [insert provision of MiFID II].
            The [insert name of the requesting authority] shall observe the requirements of the [insert provision of MiFID II] with respect to confidentiality restrictions and the permissible uses of that information.
            [Insert any other necessary confidentiality warnings or any necessary restrictions on the permissible uses of information (in compliance with Union law).
            Where relevant, please explain any clarification you may require in relation to the precise information requested:
            Please provide, on your own initiative, any essential information that could further assist the cooperation or exchange of information for the purposes of the request:
            Yours sincerely,
            [signature]

         ANNEX IV

            Form for the notification for directly addressing a remote member or participant of a regulated market

         Text of image

            Notification for directly addressing to a remote member or participant of a regulated market
            Reference number:
            Date:
            FROM:
            Member State:
            Authority of Regulated Market:
            Legal address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Authority of remote member or participant of regulated market:
            Legal address:
            (Contact details of the contact point)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            I am notifying you of a direct approach I have just made to a remote member or participant of a regulated market for which we are the home competent authority. Below are the details of the regulated market and the remote member or participant and the reasons why they are being approached.
            Name of Regulated Market:
            Name of remote member or participant:
            Contact details of the person at the remote member or participant who is being addressed:
            Name:
            Telephone:
            Email:
            Reasons for the approach to the remote member or participant


title: Commission Implementing Regulation (EU) 2015/1483 of 1 September 2015 amending Council Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India following and absorption reinvestigation pursuant to Article 12 of Council Regulation (EC) No 1225/2009

text:
               2.9.2015

               EN

               Official Journal of the European Union

               L 228/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1483
   of 1 September 2015
   amending Council Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India following and absorption reinvestigation pursuant to Article 12 of Council Regulation (EC) No 1225/2009
   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 Article 12(3) thereof,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               By Implementing Regulation (EU) No 1106/2013 (2) the Council imposed a definitive anti-dumping duty on imports of certain stainless steel wires originating in India (the original investigation). The measures imposed took the form of an ad valorem duty ranging from 0,7 % to 12,5 % for the sampled companies, 5 % for the cooperated non-sampled companies and 12,5 % for the non-cooperating companies.

               (2)

               By Implementing Regulation (EU) No 861/2013 (3) the Council imposed a definitive countervailing duty on imports of certain stainless steel wires originating in India ranging from 3,0 % to 3,7 %.

         2.   Request for an absorption reinvestigation

               (3)

               The Commission received a request for the initiation of an absorption reinvestigation of the measures in force pursuant to Article 12 of the basic Regulation.

               (4)

               The request was lodged on 21 October 2014 by the European Confederation of Iron and Steel Industries (‘Eurofer’ or ‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain stainless steel wire.

               (5)

               The request was based on the grounds that following the imposition of the anti-dumping duties on imports of certain stainless steel wires originating in India, export prices have decreased and there has been insufficient movement in resale prices or subsequent selling prices in the Union. This resulted in an increased dumping margin which has impeded the intended remedial effects of the measures in force.

         3.   Initiation of an absorption reinvestigation

               (6)

               Having determined, after informing the Member States, that sufficient evidence existed for the reopening of the investigation, the Commission announced on 3 December 2014, by a notice published in the Official Journal of the European Union
                   (4) (‘Notice of Initiation’), the initiation of an absorption reinvestigation pursuant to Article 12(1) of the basic Regulation.

         4.   Interested parties

               (7)

               In the Notice of Initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the applicant, exporting producers and importers known to be concerned and the representatives of India about the initiation of the absorption reinvestigation and invited them to participate.

               (8)

               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.

         5.   Sampling

               (9)

               In view of the apparent large number of Indian exporting producers and unrelated importers in the Union, sampling was envisaged in the Notice of Initiation in accordance with Article 17 of the basic Regulation.

               (10)

               In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a representative sample, Indian exporting producers and unrelated importers were requested to make themselves known within 15 days of the initiation of the absorption reinvestigation and to provide the Commission with the information requested in the Notice of Initiation.

               (11)

               Seventeen exporting producers in India 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 six companies or groups of companies on the basis of the largest representative volume of exports to the Union which could reasonably be investigated within the time available. The sampled companies are the same as those selected for sample or for individual examination in the original investigation with the exception of Macro Bars and Wires which was found not to be dumping in the original investigation and was thus not reinvestigated.

               (12)

               In accordance with Article 17(2) of the basic Regulation, all known exporting producers concerned and the authorities of India were consulted on the selection of the sample. No comments were made. Therefore, the Commission decided to retain the proposed sample of six companies/groups of companies and all interested parties were accordingly informed of the finally selected sample.

               (13)

               The sample of exporting producers of stainless steel wires was therefore the following:

                           —

                           Garg Inox,

                           —

                           Nevatia Steel & Alloys,

                           —

                           Raajratna Metal Industries,

                           —

                           the Venus Group (Hindustan Inox, Precision Metals, Sieves Manufacturer India and Venus Wire Industries),

                           —

                           Viraj Profiles.
                           These companies were sampled in the original investigation.

                           —

                           KEI Industries,
                           This company was subject to individual examination in the original investigation.

               (14)

               In total 22 known unrelated importers were contacted and 1 of them came forward and replied to the sampling form. It was therefore not necessary to sample unrelated importers.

         6.   Replies to the questionnaires

               (15)

               The Commission sent questionnaires to the six sampled Indian exporting producers/groups of exporting producers. Questionnaire replies were received from all of them. As regards the cooperating unrelated importer, as it did not import the product concerned to the Union during AIP no questionnaire was sent to it.

               (16)

               In view of various exceptional circumstances, some of the sampled exporting producers also requested extensions to submit their replies. These extensions were granted when duly justified. For these reasons, the absorption reinvestigation exceeded the normal period of six months provided for in Article 12(4) of the basic Regulation.

         7.   Verification visits

               (17)

               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 all the sampled Indian exporting producers.

         8.   Relevant periods covered by the absorption reinvestigation

               (18)

               The absorption reinvestigation covered the period from 1 October 2013 to 30 September 2014 (the ‘AIP’). The original investigation period covered the period from 1 April 2011 to 31 March 2012 (‘OIP’).

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (19)

               The product subject to this absorption reinvestigation is the same as that covered by the original investigation, defined as stainless steel wires containing by weight:

                           —

                           2,5 % or more of nickel, other than wire containing by weight 28 % or more but not more than 31 % of nickel and 20 % or more but not more than 22 % of chromium,

                           —

                           less than 2,5 % of nickel, other than wire containing by weight 13 % or more but not more than 25 % of chromium and 3,5 % or more but not more than 6 % of aluminium,

                     currently falling within CN codes 7223 00 19 and 7223 00 99, originating in India.

               (20)

               The investigation showed that the product concerned, the product produced and sold on the domestic market of India, and the product produced and sold in the Union by the Union industry have the same basic physical, chemical and technical characteristics as well as the same basic uses. They are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation.

         C.   FINDINGS OF THE ABSORPTION REINVESTIGATION

               (21)

               In general, 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 it is concluded that absorption took place, a new dumping margin should be calculated.

         1.   Decrease of export prices

               (22)

               When establishing whether there was a decrease in export prices the Commission established for each examined company its cost, insurance and freight (CIF) export prices at the Union custom border during the AIP and compared these prices to the corresponding export prices determined in the OIP.

               (23)

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

               (24)

               Where the exporting producers exported the product concerned directly to independent customers in the Union, 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)

               Where the exporting producers exported the product concerned to the Union through a related company acting as an importer, the export price was established on the basis of the price at which the imported product was first resold to independent customers in the Union, in accordance with Article 2(9) of the basic Regulation. In this case, adjustments to the price were made for all costs incurred between importation and resale, including SG&A expenses, and for profits accruing.

               (26)

               The Commission compared for all sampled companies/groups of companies 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 level of absorption.

               (27)

               The above comparison was made in euro. In the case of sales via a related importer, resale prices expressed in euro (or USD, or GBP) were converted into INR in order to be able to deduct all costs between importation and resale and, in the case of direct sales by an Indian exporting producer, all costs between the Indian border and the Union border expressed in INR were added to the FOB prices expressed in INR. Consequently, the CIF values obtained were converted into euro.

               (28)

               The comparison of the export prices to the Union showed that for all of the sampled companies/group of companies the export prices decreased, indicating prima facie that absorption of the measures in force was taking place. For the sampled exporting producers the decrease in export prices expressed in euro was as follows:

                           GARG Inox

                           KEI Industries

                           Nevatia Steel & Alloys

                           Venus group

                           Viraj Profiles

                           Raajratna Metal Industries

                           Evolution of export prices from OIP to AIP (EUR)

                           – 23,91 %

                           – 21,26 %

                           – 22,77 %

                           – 26,31 %

                           – 27,44 %

                           – 25,52 %

         2.   Dumping

               (29)

               After having established possible absorption for all the sampled exporting producers, dumping margins were recalculated, according to Article 2 of the basic Regulation. In point 5.1.1(a) of the Notice of Initiation, the exporting producers were asked to inform the Commission within 15 days of the date of publication of the Notice of Initiation whether they request a revision of the normal value under Article 12(5) of the basic Regulation. With the exception of Venus group all other sampled exporting producers requested the revision of their normal values based on Article 12(5) of the basic Regulation and provided Commission with complete information duly substantiated by evidence for the recalculation of their dumping margins. For Venus group which did not request for revision of its normal values, normal values as they were established in the original investigation were used for the calculation of dumping margins during the AIP.

         (a)   Normal value

               (30)

               For the sampled exporting producers the normal value was determined as follows:

               (31)

               The Commission first examined whether the total volume of domestic sales for each sampled 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 investigation period. On this basis, the total sales by each sampled exporting producer of the like product on the domestic market were representative.

               (32)

               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.

               (33)

               The Commission then examined whether the domestic sales by each sampled 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 investigation period represents at least 5 % of the total volume of export sales of the identical or comparable product type to the Union.

               (34)

               The Commission next defined the proportion of profitable sales to independent customers on the domestic market for each product type during the absorption investigation period 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.

               (35)

               The normal value is based on the actual domestic price per product type, irrespective of whether those sales are profitable or not, if:

                           (a)

                           the sales volume of the product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of this product type; and

                           (b)

                           the weighted average sales price of that product type is equal to or higher than the unit cost of production.

               (36)

               In this case, the normal value is the weighted average of the prices of all domestic sales of that product type during the AIP.

               (37)

               The normal value is the actual domestic price per product type of only the profitable domestic sales of the product types during the AIP, if:

                           (a)

                           the volume of profitable sales of the product type represents 80 % or less of the total sales volume of this type; or

                           (b)

                           the weighted average price of this product type is below the unit cost of production.

               (38)

               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 prices used for the dumping margin calculations were converted to Indian currency using transaction by transaction conversion rates.

         (b)   Export price

               (39)

               The Commission used export prices from the AIP determined as explained in recitals 22-25 above.

         (c)   Comparison

               (40)

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

               (41)

               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 freight, insurance, credit cost, packing expenses and duties.

         (d)   Dumping margin

               (42)

               For the sampled 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.

               (43)

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

                           Company Name

                           Product Type Comparability
                           (%)

                           Dumping Margin in OIP
                           (%)

                           Dumping Margin in AIP
                           (%)

                           Evolution of Dumping Margin
                           (p.p.)

                           GARG Inox

                           90,3

                           11,8

                           5,2

                           – 6,6

                           KEI Industries

                           62,2

                           7,0

                           3,8

                           – 3,2

                           Nevatia Steel & Alloys

                           81,9

                           4,1

                           4,0

                           – 0,1

                           Venus group

                           96,6

                           11,6

                           12,4

                           0,8

                           Viraj Profiles

                           86,9

                           6,8

                           0,4

                           – 6,4

                           Raajratna Metal Industries

                           99,8

                           16,2

                           12,0

                           – 4,2

         3.   Injury elimination level

               (44)

               In accordance with the lesser duty rule under Article 9(4) of the basic Regulation, for Venus Group whose dumping margin increased, the Commission recalculated the injury margin.

               (45)

               The injury elimination level was determined on the basis of a comparison of the weighted average import price of Venus Group during the AIP, with the weighted average non-injurious price of the like product sold by the sampled Union producers on the Union market during the AIP. Any difference resulting from this comparison was then expressed as a percentage of the weighted average import CIF value.

               (46)

               On that basis, the injury margin for Venus Group increased from 23,4 % to 65,7 %.

         D.   CONCLUSION

               (47)

               The recalculation of the dumping margins according to the methodology described in recitals 31-38 above showed that for five out of six sampled companies the dumping margin decreased in the AIP. Therefore, for these companies the absorption reinvestigation should be terminated without amending the original measures. In the case of Venus Group the dumping margin calculated for the AIP increased compared to that established in the OIP, demonstrating in that way that absorption was taking place. Hence, anti-dumping measures imposed on imports of the product concerned by the Venus Group should be amended in accordance with Article 12(3) of the basic Regulation.

               (48)

               As regards Venus Group, in accordance with the lesser duty rule in Article 9(4) of the basic Regulation, the Commission first compared the injury margin and the dumping margin. The amount of the duties should be set at the level of the dumping margin. As the anti-subsidy investigation remains unaffected by the present reinvestigation the countervailing duty needs to be deducted in order to determine the new anti-dumping duty. Consequently, for Venus Group the new anti-dumping duty is 9,4 % (i.e. the currently applicable dumping margin of 12,4 % minus 3 % countervailing duty).

               (49)

               The revised rate of anti-dumping duty applicable, before duty, to the net free-at-Union-frontier price will be as follows:

                           Company

                           Dumping margin

                           Countervailing duty

                           Injury margin

                           Definitive anti-dumping duty rate

                           GARG Inox

                           11,8 %

                           3,4 %

                           22,6 %

                           8,4 %

                           KEI Industries

                           7,0 %

                           0,0 %

                           41,9 %

                           7,7 %

                           Macro Bars and Wires

                           0,0 %

                           3,4 %

                           30,3 %

                           0,0 %

                           Nevatia Steel & Alloys

                           4,1 %

                           3,4 %

                           23,8 %

                           0,7 %

                           Raajratna Metal Industries

                           16,2 %

                           3,7 %

                           17,2 %

                           12,5 %

                           Venus group

                           12,4 %

                           3,0 %

                           65,7 %

                           9,4 %

                           Viraj Profiles

                           6,8 %

                           0,0 %

                           32,1 %

                           6,8 %

                           Cooperating non-sampled companies

                           8,4 %

                           3,4 %

                           23,7 %

                           5,0 %

                           All other companies

                           16,2 %

                           3,7 %

                           65,7 %

                           12,5 %

               (50)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were duly taken into consideration where warranted.

               (51)

               Two interested parties submitted comments challenging the Commission's conclusions.

               (52)

               The complainant reiterated the claim it already made in the complaint that the drop in export prices is not a result of developments in raw material prices. It illustrated this statement by providing data showing the increase of the nickel price after the imposition of the definitive measures.

               (53)

               However, since the original measures were based on the findings of the original investigation period, the proper comparison that must be made is between the raw material prices during the original investigation period and the ones during the absorption investigation period. That comparison leads to a conclusion of decreasing raw material prices and the above claim therefore must be rejected.

               (54)

               For the one exporting producer not having applied for a new normal value determination, the complainant alleged that the Commission made a calculation error. However, the complainant applied an INR/EUR exchange rate of the beginning of the AIP to the prices found during the OIP and an INR/EUR exchange rate of the end of the AIP to the prices found during the AIP, invalidating its reasoning. The claim therefore had to be rejected.

               (55)

               The exporting producer for which the anti-dumping duty will be amended claimed that the Commission did not carry out the evaluation of the alleged insufficient movement in prices in a way that is compatible with the meaning and purpose of Article 12 of the basic Regulation. More specifically, in its price comparison, the Commission should have taken the exchange rate evolution into account as well as the evolution of production costs that it has observed at the level of the other exporting producers, who requested the application of Article 12(5), on the basis of a required spirit of good administration.

               (56)

               In fact, this type of claim refers to costs of production, and can only be taken into account in the context of a reexamination of normal value. However, pursuant to Article 12(5) of the basic Regulation, alleged changes in normal value shall only be taken into account where complete information on revised normal values is made available to the Commission. This was not the case and the claim is rejected.

               (57)

               The same exporting producer also made a number of comments and claims regarding the determination of its dumping margin based on export prices during the AIP and normal values determined during the OIP.

               (58)

               It requested the Commission to exclude transactions made by its related importer during the first month of the AIP since these sales referred to goods shipped by the Indian exporting producers of the Venus group prior to the AIP on the basis of prices determined equally before the AIP. It underscored this argument by arguing that the sales from India to the related importer and from the related importer to the Union unrelated customers are back to back sales.

               (59)

               In the first place it should be noted that the Commission does not consider the exporting producer's sales process to the Union a back to back operation. Sales from India during the AIP to the related importer could be made by any of the Indian exporting producers of the exporting producer's group and also clubbed together for shipment and the corresponding imported products were in a large number of cases sold to different Union customers and partially entered into the stocks of the related importer. From the opposite point of view, it means that a sale to an unrelated Union customer reported by the related importer during the AIP could be part of one or more direct deliveries from India, from one or more Indian exporting producers of the group, a sale from stock or a combination of both. These circumstances do not qualify such imports as back to back sales.

               (60)

               More fundamental however is the pricing mechanism where the base price fixed during the initial price agreement will on occasion be adjusted by applying the alloy surcharge in force at the moment of delivery. That contradicts the statement that prices are fixed well before the AIP. As a consequence, the request to eliminate the sales by the related importer of the first month of the AIP has to be rejected.

               (61)

               The same exporting producer invited the Commission to accept a reworked listing of sales transactions made by the related importer, corrected for the product types in the same way as the corrections that were made during the on-site investigations in India. It argues that such would be an acceptable approach as all sales are back to back.

               (62)

               The Commission could not accept a new submission of sales transactions at this late stage of the procedure as it was not in a position to verify this submission. Moreover, as mentioned above, the investigation showed that the sales transactions cannot be qualified as back to back sales. It should be noted that the exporting producer had ample time between the on-site investigations in India (first week of March 2015) and the on-site investigation at the German related importer (mid-April) to submit revised sales listings.

               (63)

               The same exporting producer noted that for a particular product type the Commission did not use the normal value established in the original investigation.

               (64)

               The Commission confirmed this observation and revised the dumping margins of the absorption investigation by using the normal values as they were established in the initial investigation.

               (65)

               The same exporting producer claimed that its SGA was arbitrarily determined at 5 % and should have been based on the data collected during the on-site investigation of its related importer and should not include transportation costs and other discounts, already deducted from the resale prices while constructing the export prices.

               (66)

               This claim was found to be justified as the on-site investigation had established a lower SGA than the 5 % used for this exporting producer's dumping calculation.

               (67)

               The exporting producer also claimed that the 5 % profit margin taken into account is excessive for this type of industry and that the Commission in similar circumstances would take profit margins of no more than 1 to 2 %.

               (68)

               In the absence of cooperation by unrelated importers in the absorption investigation, the Commission decided to rely upon the data collected in the original investigation as such data were considered sufficiently recent because they were based on the OIP ending March 2012. The profit ratios forwarded by the exporting producer in support of its claim were average earnings before tax ratios based on the financial years 2011 to 2013, mainly based on financial data collected from southern European countries where the economic context during that period was not optimal. The Commission therefore decided to use the findings of the original investigation, namely 2,65 % as the appropriate profit for an unrelated importer. This percentage was consequently used while constructing the export prices based on resale prices quoted by the related importer on the Union market.

               (69)

               Finally, the exporting producer claimed that the Commission erroneously determined the CIF values at the level of the related importer as the CIF values established are lower than what the related importer declared at Union Customs, and on which the imposition of the anti-dumping duty was based.

               (70)

               The Commission established CIF values based on the findings of the investigation, as the value declared at Union Customs is in any case a transfer price within the group. It was found in particular that there is no systemic relation between the resale price on the Union market and the transfer price, as the alloy surcharge finally added to the base price for resale on occasion does not correspond to the alloy surcharge taken into account while establishing the transfer price. The claim therefore was rejected.

               (71)

               In order to minimise the risk of circumvention due to the high difference in the duty rates, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures, which only apply to company for which an individual duty rate is introduced, include the following: the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other producers.

               (72)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Council Implementing Regulation (EU) No 1106/2013, Article 1 is amended as follows:

               (a)

               paragraph 2 shall be replaced by the following:
               ‘2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and manufactured by the companies listed below shall be as follows:

                           Company

                           Duty (%)

                           TARIC additional code

                           Garg Inox, Bahadurgarh, Haryana and Pune, Maharashtra

                           8,4

                           B931

                           KEI Industries Ltd, New Delhi

                           7,7

                           B925

                           Macro Bars and Wires, Mumbai, Maharashtra

                           0,0

                           B932

                           Nevatia Steel & Alloys, Mumbai, Maharashtra

                           0,7

                           B933

                           Raajratna Metal Industries, Ahmedabad, Gujarat

                           12,5

                           B775

                           Venus Wire Industries Pvt. Ltd, Mumbai, Maharashtra

                           9,4

                           B776

                           Precision Metals, Mumbai, Maharashtra

                           9,4

                           B777

                           Hindustan Inox Ltd, Mumbai, Maharashtra

                           9,4

                           B778

                           Sieves Manufacturer India Pvt. Ltd, Mumbai, Maharashtra

                           9,4

                           B779

                           Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra

                           6,8

                           B780

                           Companies listed in the Annex

                           5,0

                           See Annex

                           All other companies

                           12,5

                           B999’

               (b)

               the following paragraph 4 is added:
               ‘4.   The application of the individual duty rate specified for the companies mentioned in paragraph 2 and in the Annex shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: “I, the undersigned, certify that the (volume) of stainless steel wires sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in India. I declare that the information provided in this invoice is complete and correct.” If no such invoice is presented, the duty rate applicable to “all other companies” shall apply.’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 September 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 298, 8.11.2013, p. 1).

      (3)  Council Implementing Regulation (EU) No 861/2013 of 2 September 2013 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 240, 7.9.2013, p. 1).

      (4)  OJ C 433, 3.12.2014, p. 8.


title: Commission Implementing Regulation (EU) No 801/2011 of 9 August 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements  Text with EEA relevance

text:
               10.8.2011

               EN

               Official Journal of the European Union

               L 205/27

         COMMISSION IMPLEMENTING REGULATION (EU) No 801/2011
   of 9 August 2011
   amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of Article 8(1), and Article 8(4), thereof,
   Whereas:

               (1)

               Commission Regulation (EU) No 206/2010 (2) lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. It also lays down the lists of third countries, territories or parts thereof from which those consignments may be introduced into the Union.

               (2)

               Regulation (EU) No 206/2010 provides that consignments of fresh meat intended for human consumption are to be imported into the Union only if they come from the third countries, territories or parts thereof listed in Part 1 of Annex II to that Regulation for which there is a model veterinary certificate corresponding to the consignment concerned listed in that Part.

               (3)

               Four parts of the territory of Botswana are listed in Part 1 of Annex II to Regulation (EU) No 206/2010 as regions from which imports of fresh de-boned and matured meat from ungulates into the Union are authorised. Those regions consist of a number of veterinary disease control zones.

               (4)

               On 5 May 2011, Botswana informed the Commission of a suspicion of foot-and-mouth disease based on clinical signs found in eight cattle on a farm. The outbreaks were confirmed, and notified to the Commission, on 11 May 2011 based on the isolation of a SAT2 foot-and-mouth disease virus.

               (5)

               The outbreaks occurred in the veterinary disease control zone 6, which forms part of one of the four parts of the territory of Botswana from which imports of fresh de-boned and matured meat from ungulates into the Union are authorised.

               (6)

               Due to the risk of introduction of foot-and-mouth disease through imports into the Union of fresh meat from species susceptible to that disease, and considering the guarantees given by Botswana allowing for regionalisation of the country, the authorisation of Botswana to export fresh de-boned and matured meat from ungulates into the Union from the affected part of its territory should be suspended as from 11 May 2011, the date of confirmation of the outbreaks of foot-and-mouth disease.

               (7)

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

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Part 1 of Annex II to Regulation (EU) No 206/2010 the entry for Botswana is replaced by the following:

                  ‘BW – Botswana

                  BW-0

                  Whole country

                  EQU, EQW

                  BW-1

                  The veterinary disease control zones 3c, 4b, 5, 6, 8, 9 and 18

                  BOV, OVI, RUF, RUW

                  F

                  1

                  11 May 2011

                  1 December 2007

                  BW-2

                  The veterinary disease control zones 10, 11, 13 and 14

                  BOV, OVI, RUF, RUW

                  F

                  1

                  7 March 2002

                  BW-3

                  The veterinary disease control zone 12

                  BOV, OVI, RUF, RUW

                  F

                  1

                  20 October 2008

                  20 January 2009

                  BW-4

                  The veterinary disease control zone 4a, except the intensive surveillance buffer zone of 10 km along the boundary with the foot-and-mouth disease vaccination zone and wildlife management areas

                  BOV

                  F

                  1

                  18 February 2011’

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 73, 20.3.2010, p. 1.


title: Commission Implementing Regulation (EU) 2015/1418 of 20 August 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               21.8.2015

               EN

               Official Journal of the European Union

               L 220/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1418
   of 20 August 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, 20 August 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  156,5

                  ZZ

                  156,5

                  0709 93 10

                  TR

                  124,7

                  ZZ

                  124,7

                  0805 50 10

                  AR

                  126,2

                  BO

                  154,5

                  CL

                  153,9

                  UY

                  144,0

                  ZA

                  149,9

                  ZZ

                  145,7

                  0806 10 10

                  EG

                  238,9

                  TR

                  167,5

                  US

                  339,9

                  ZZ

                  248,8

                  0808 10 80

                  AR

                  234,3

                  BR

                  97,6

                  CL

                  147,4

                  NZ

                  152,0

                  US

                  110,0

                  UY

                  141,9

                  ZA

                  122,1

                  ZZ

                  143,6

                  0808 30 90

                  AR

                  155,3

                  CL

                  135,1

                  CN

                  85,3

                  NZ

                  109,3

                  TR

                  132,9

                  ZA

                  119,6

                  ZZ

                  122,9

                  0809 30 10, 0809 30 90

                  MK

                  79,3

                  TR

                  126,3

                  ZZ

                  102,8

                  0809 40 05

                  BA

                  42,6

                  IL

                  99,6

                  MK

                  36,8

                  XS

                  57,7

                  ZZ

                  59,2

         (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) No 753/2013 of 2 August 2013 amending Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products

text:
               6.8.2013

               EN

               Official Journal of the European Union

               L 210/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 753/2013
   of 2 August 2013
   amending Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (1), and in particular Article 121, first paragraph, points (k) and (m), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Croatia acceded to the European Union on 1 July 2013.

               (2)

               The wine legislation applicable in Croatia contains no provisions on protected designations of origin and geographical indications or on the labelling of wine products, particularly those provided for by Commission Regulation (EC) No 607/2009 (2). To allow the economic operators established in Croatia to continue to sell products made in line with the provisions applicable in Croatia before it acceded to the Union, the operators must be given the option of using up stocks of wine produced in line with the rules applying prior to accession.

               (3)

               In view of its accession to the European Union on 1 July 2013, Croatia, in conformity with Article 62(3) of Regulation (EC) No 607/2009, has requested that the wine grape variety names ‘Alicante Bouschet’, ‘Burgundac crni’, ‘Burgundac sivi’, ‘Burgundac bijeli’, ‘Borgonja istarska’ and ‘Frankovka’ traditionally used to market wines produced in that country, which consist of or contain a protected designation of origin or geographical indication, may continue to appear on the labels of Croatian wines with a protected designation of origin or geographical indication. Following verification, the Commission agrees that the name of Croatia be included, with the date of accession, in Annex XV Part A of the above Regulation with regard to the names of the wine grape varieties to which this request refers.

               (4)

               Croatia has also requested that the wine grape variety names and their synonyms ‘Aglianico crni’, ‘Nebbiolo’, ‘Primitivo’, ‘Rajnski rizling’, ‘Radgonska ranina’, ‘Sangiovese’, ‘Stajerska belina’, ‘Stajerka’ and ‘Vermentino’, that partially contain a protected designation of origin or geographical indication and directly refer to the geographical element of the protected designation of origin or geographical indication in question, may appear on the label of a Croatian product with a protected designation of origin or geographical indication. Following verification, the Commission agrees that the name of Croatia be included, with the date of accession, in Annex XV Part B of the above Regulation with regard to the names of the wine grape varieties to which this request refers.

               (5)

               Regulation (EC) No 607/2009 should be amended accordingly.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 607/2009 is amended as follows:

               1.

               In Article 73, the following paragraph 4 is added:
               ‘4.   Wines produced in Croatia before 30 June 2013, that comply with the relevant provisions applicable in Croatia on that date, may be marketed until stocks are exhausted. These products may be labelled under the provisions applicable in Croatia on 30 June 2013.’

               2.

               Annex XV is amended in accordance with 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.

   It shall apply from 1 July 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 August 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 193, 24.7.2009, p. 60.

      ANNEX
      Annex XV to Regulation (EC) No 607/2009 is amended as follows:

                  1.

                  Part A is amended as follows:

                              a)

                              the name ‘Croatia’ is added to the fourth column of line 2.

                              b)

                              after line 14 the following line 14a is added:

                                          ‘14a

                                          Bourgogne (FR)

                                          Borgonja istarska

                                          Croatia’

                              c)

                              after line 15 the following line 15a is added:

                                          ‘15a

                                          Bourgogne (FR)

                                          Burgundac bijeli

                                          Croatia’

                              d)

                              line 16 is deleted.

                              e)

                              the name ‘Croatia’ is added to the fourth column of line 17.

                              f)

                              the name ‘Croatia’ is added to the fourth column of line 39.

                  2.

                  Part B is amended as follows:

                              a)

                              after line 2 the following line 2a is added:

                                          ‘2a

                                          Aglianico del Taburno (IT)

                                          Aglianico crni

                                          Croatia’

                              b)

                              the name ‘Croatia’ is added to the fourth column of line 33.

                              c)

                              the name ‘Croatia’ is added to the fourth column of line 37.

                              d)

                              the name ‘Croatia’ is added to the fourth column of line 39.

                              e)

                              the name ‘Croatia’ is added to the fourth column of line 45.

                              f)

                              the name ‘Croatia’ is added to the fourth column of line 51.

                              g)

                              the name ‘Croatia’ is added to the fourth column of line 52.

                              h)

                              after line 52 the following line 52a is added:

                                          ‘52a

                                          Štajerska Slovenija (SV)

                                          Štajerka

                                          Croatia’

                              i)

                              the name ‘Croatia’ is added to the fourth column of line 58.


title: Commission Implementing Regulation (EU) 2016/1713 of 20 September 2016 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2016/2017 marketing year

text:
               24.9.2016

               EN

               Official Journal of the European Union

               L 258/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1713
   of 20 September 2016
   fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2016/2017 marketing year
   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 139(2) and point (g) of the first paragraph of Article 144 thereof,
   Whereas:

               (1)

               According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission.

               (2)

               Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

               (3)

               For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

               (4)

               For the 2016/2017 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

               (5)

               Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favourable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

               (6)

               In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

               (7)

               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
   1.   For the 2016/2017 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 650 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.
   2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations excluding:

               a)

               third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo (3), Liechtenstein, Montenegro, San Marino and Serbia;

               b)

               territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

               c)

               European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.

         Article 2
   Fixing the quantitative limit for out-of-quota isoglucose exports
   1.   For the 2016/2017 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10, 1702 60 10 and 1702 90 30.
   2.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the conditions laid down in Article 4 of Regulation (EC) No 951/2006.
   Article 3
   Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 October 2016.
   It shall expire on 30 September 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 September 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24).

      (3)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.