title: Commission Implementing Regulation (EU) No 536/2012 of 21 June 2012 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

text:
               22.6.2012

               EN

               Official Journal of the European Union

               L 163/16

         COMMISSION IMPLEMENTING REGULATION (EU) No 536/2012
   of 21 June 2012
   fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty
   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 164(2) thereof,
   Whereas:

               (1)

               Article 162(1)(b) of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(s) and listed in Part XIX of Annex I to that Regulation and prices within the Union may be covered by an export refund where these goods are exported in the form of goods listed in Part V of Annex XX to that Regulation.

               (2)

               Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007.

               (3)

               In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

               (4)

               Article 162(2) of Regulation (EC) No 1234/2007 lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

               (5)

               The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 346/2012 (3). Since new refunds should be fixed, that Regulation should therefore be repealed.

               (6)

               In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (7)

               The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 and in Part XIX of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in Part V of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this Regulation.
   Article 2
   Implementing Regulation (EU) No 346/2012 is hereby repealed.
   Article 3
   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, 21 June 2012.

            For the Commission, On behalf of the President,

         Daniel CALLEJA

            Director-General for Enterprise and Industry

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

      (2)  OJ L 171, 6.7.2010, p. 1.

      (3)  OJ L 108, 20.4.2012, p. 34.

      ANNEX

         Rates of the refunds applicable from 22 June 2012 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

                  (EUR/100 kg)

                  CN code

                  Description

                  Destination (1)

                  Rate of refund

                  0407

                  Birds’ eggs, in shell, fresh, preserved or cooked:

                  – Other fresh eggs

                  0407 21 00

                  – – Of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  9,50

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 29

                  – – Other

                  0407 29 10

                  – – – Of poultry, other than of fowls of the species Gallus domesticus

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  9,50

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0407 90

                  – Other:

                  0407 90 10

                  – – Of poultry

                              (a)

                              On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

                  02

                  0,00

                  03

                  9,50

                  04

                  0,00

                              (b)

                              On exportation of other goods

                  01

                  0,00

                  0408

                  Birds’ eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

                  – Egg yolks:

                  0408 11

                  – – Dried:

                  ex 0408 11 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 19

                  – – Other:

                  – – – Suitable for human consumption:

                  ex 0408 19 81

                  – – – – Liquid:

                  not sweetened

                  01

                  0,00

                  ex 0408 19 89

                  – – – – Frozen:

                  not sweetened

                  01

                  0,00

                  – Other:

                  0408 91

                  – – Dried:

                  ex 0408 91 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

                  0408 99

                  – – Other:

                  ex 0408 99 80

                  – – – Suitable for human consumption:

                  not sweetened

                  01

                  0,00

         (1)  The destinations are as follows:

                  01

                  Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II of Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972.

                  02

                  Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia.

                  03

                  South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.

                  04

                  All destinations except Switzerland and those of 02 and 03.


title: Commission Implementing Regulation (EU) 2016/1114 of 8 July 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               9.7.2016

               EN

               Official Journal of the European Union

               L 186/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1114
   of 8 July 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 July 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  164,5

                  ZZ

                  164,5

                  0709 93 10

                  TR

                  134,9

                  ZZ

                  134,9

                  0805 50 10

                  AR

                  171,5

                  BO

                  220,8

                  CL

                  193,0

                  TR

                  134,0

                  UY

                  128,6

                  ZA

                  167,1

                  ZZ

                  169,2

                  0808 10 80

                  AR

                  152,5

                  BR

                  97,0

                  CL

                  123,0

                  CN

                  116,1

                  NZ

                  146,7

                  US

                  149,7

                  UY

                  67,7

                  ZA

                  107,7

                  ZZ

                  120,1

                  0808 30 90

                  AR

                  123,6

                  CL

                  118,4

                  CN

                  91,9

                  ZA

                  129,4

                  ZZ

                  115,8

                  0809 10 00

                  TR

                  212,6

                  ZZ

                  212,6

                  0809 29 00

                  TR

                  325,9

                  ZZ

                  325,9

                  0809 30 10 , 0809 30 90

                  TR

                  126,8

                  ZZ

                  126,8

         (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 244/2014 of 7 March 2014 entering a name in the register of protected designations of origin and protected geographical indications [Strachitunt (PDO)]

text:
               14.3.2014

               EN

               Official Journal of the European Union

               L 74/31

      COMMISSION IMPLEMENTING REGULATION (EU) No 244/2014
   of 7 March 2014
   entering a name in the register of protected designations of origin and protected geographical indications [Strachitunt (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Strachitunt’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Strachitunt’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 March 2014.

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

            Member of the Commission

      (1)  OJ L 343, 14.12 2012, p. 1.

      (2)  OJ C 290, 5.10.2013, p. 5.

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

         Class 1.3.   Cheeses

      ITALY
      Strachitunt (PDO)


title: Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia

text:
               14.5.2013

               EN

               Official Journal of the European Union

               L 129/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 430/2013
   of 13 May 2013
   imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia
   THE COUNCIL OF THE EUROPEAN UNION,
   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 9 thereof,
   Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Provisional measures

               (1)

               On 15 November 2012 by Regulation (EU) No 1071/2012 (2) (‘the provisional Regulation’) the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China (‘the PRC’) and Thailand.

               (2)

               The proceeding was initiated by a notice of initiation (3) published on 16 February 2012, following a complaint lodged on 3 January 2012 by the Defence Committee of Tube or Pipe Cast Fittings, of Malleable Cast Iron of the European Union (‘the complainant’) on behalf of producers representing more than 50 % of the total Union production of threaded tube or pipe cast fittings of malleable cast iron (‘threaded malleable fittings’).

               (3)

               As set out in recital 15 to the provisional Regulation, the investigation of dumping and injury covered the period from 1 January to 31 December 2011 (‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2008 to the end of the IP (‘period considered’).

         2.   Subsequent procedure

               (4)

               Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (‘provisional disclosure’), several interested parties made written submissions making their views on the provisional findings known. The parties who so requested were also granted the opportunity to be heard.

               (5)

               The Commission continued to seek and analyse all the information it deemed necessary for its definitive findings.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (6)

               One interested party claimed that the product they import should not be part of the product concerned, since its product had certain technical peculiarities. Those malleable fittings use tapered threads, contrary to the parallel threads of the other imported malleable fittings.

               (7)

               However, the investigation has shown that, apart from those technical specifications, those taper threaded fittings have the same physical and technical characteristics as the other imported malleable fittings. Furthermore, as concerns the use, the investigation has shown that the taper threaded fittings are used in a similar way to the other imported malleable fittings. Indeed, in one Member State where both types are used, they have been found to be interchangeable. The claim was therefore rejected.

               (8)

               One interested party claimed that white-heart malleable threaded fittings can be sold throughout the Union, while black-heart malleable threaded fittings can only be sold in Ireland, Cyprus, Malta and United Kingdom. Therefore, allegedly, black-heart and white-heart malleable threaded fittings do not compete fully on the Union market.

               (9)

               However, the investigation has shown that the majority of imports of black-heart malleable threaded fittings originating in the countries concerned go to continental European countries such as Germany, Italy, Poland or Spain. It is therefore concluded that black-heart and white heart malleable threaded fittings fully compete on the Union market, and not only in a limited number of Member States.

               (10)

               An importer reiterated its claim that bodies of compression fittings should not fall under the definition of the product concerned. That importer argued that bodies of compression fittings have a different use and provided supporting evidence that the thread on the body of compression fittings can be easily distinguished from the thread on a standard fitting, because it is done according to a different ISO standard (4). After considering the evidence that was submitted, it was concluded that the product scope should be limited accordingly.

               (11)

               Two other interested parties argued for exclusion from the product scope of malleable iron electrical conduit fittings and, in particular, malleable iron threaded circular junction boxes that are a key component of all electrical conduit tube and conduit fittings installations. They claimed that such junction boxes serve different purposes (i.e. containment and protection of electrical wiring systems, as opposed to ensuring leak-less flow of gas or water as in the case of standard fittings investigated in this proceeding). They are also easily distinguishable from other fittings (rather than having to be absolutely gas or liquid tight they have light lids when assembled into a system after importation to allow easy access to cables). After careful consideration of those arguments, it was concluded that malleable iron threaded circular junction boxes without a lid should be excluded from the product scope.

               (12)

               In view of the above, it was deemed appropriate to revise the product scope definition determined in the provisional Regulation. Therefore, the product concerned is definitively defined as threaded tube or pipe cast fittings, of malleable cast iron, currently falling within CN code ex 7307 19 10, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without a lid.

               (13)

               In the absence of any other comments concerning the product concerned and the like product, the findings in recitals 17 to 21 and 23 to 28 to the provisional Regulation are hereby confirmed.

         C.   SAMPLING

               (14)

               Following provisional disclosure, no comments concerning sampling of Union producers, exporting producers in the PRC and unrelated importers were received. Consequently, the findings set out in recitals 29 to 31 to the provisional Regulation are hereby confirmed.

         D.   DUMPING

   1.   People’s Republic of China

   1.1.   Market economy treatment and individual treatment

               (15)

               In the absence of any comments concerning market economy treatment and individual treatment, the provisional findings in recitals 32 to 46 to the provisional Regulation are hereby confirmed.

         1.2.   Analogue country

               (16)

               In the absence of any comments concerning the analogue country, the findings in recitals 47 to 53 to the provisional Regulation are hereby confirmed.

         1.3.   Normal value, export price, comparison

               (17)

               One Chinese exporting producer claimed that the normal value should be calculated on the basis of the domestic sales by the sole cooperating analogue country producer, even if they are not made in representative quantities as set out in Article 2(2) of the basic Regulation. The claim can be accepted in the case of an analogue country. Accordingly, domestic sales in the ordinary course of trade by the sole cooperating analogue country producer were used to establish the normal value.

               (18)

               The same Chinese exporting producer claimed that the dumping margin should be established using all export sales, and not only for the product types directly comparable with the types sold by the analogue country producer on its domestic market. This claim was accepted. For these not directly comparable product types, the normal value was based on the arithmetical average normal value for the matching product types, adjusted by the market value of the differences in the physical characteristics pursuant to Article 2(10)(a) of the basic Regulation.

               (19)

               In the absence of any other comments concerning the normal value, export price and comparison, the findings in recitals 54, 59 to 61 and 64 to 67 to the provisional Regulation are hereby confirmed.

         1.4.   Dumping margins

               (20)

               For the sampled companies, the weighted average normal value of each type of the like product established for the analogue country was compared with the weighted average export price of the corresponding type of the product concerned, as provided for in Article 2(11) and (12) of the basic Regulation.

               (21)

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

                           Company

                           Dumping Margin (%)

                           Hebei Jianzhi

                           57,8

                           Jinan Meide

                           40,8

                           Qingdao Madison

                           24,6

               (22)

               The weighted average dumping margin of the cooperating exporting producers not included in the sample was calculated in accordance with the provisions of Article 9(6) of the basic Regulation. Accordingly, that margin was established on the basis of the margins established for the sampled exporting producers.

               (23)

               On that basis, the dumping margin for the cooperating companies not included in the sample was established at 41,1 %.

               (24)

               With regard to all other exporting producers in the PRC, the dumping margins were established on the basis of the facts available in accordance with Article 18 of the basic Regulation. To that end the level of cooperation was first established by comparing the volume of exports to the Union reported by the cooperating exporting producers with the volume of Chinese exports, as established in recital 51 below.

               (25)

               As the cooperation accounted for more than 50 % of total Chinese exports to the Union and the industry can be considered fragmented due to the high number of exporting producers in the PRC, the level of cooperation can be considered high. Therefore, the residual dumping margin was set at the level of the sampled company with the highest dumping margin.

               (26)

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

                           Company

                           Dumping Margin (%)

                           Hebei Jianzhi

                           57,8

                           Jinan Meide

                           40,8

                           Qingdao Madison

                           24,6

                           Other cooperating companies

                           41,1

                           All other companies

                           57,8

         2.   Indonesia

   2.1.   Normal value, export price and comparison

               (27)

               In the absence of any comments concerning normal value, export price and comparison, the findings in recitals 75 to 87 and 91 to the provisional Regulation with regard to Indonesia are hereby confirmed.

         2.2.   Dumping margins

               (28)

               Given that the level of cooperation was considered high (the volume of exports of the sole cooperating Indonesian company represented more than 80 % of total Indonesian exports to the Union during the IP), the dumping margin for all other Indonesian exporting producers was set at the same level as for the cooperating company.

               (29)

               On this basis the definitive dumping margins for the Indonesian companies expressed as a percentage of the CIF Union frontier price, duty unpaid, are as follows:

                           Company

                           Dumping Margin (%)

                           PT. Tri Sinar Purnama

                           11,0

                           All other companies

                           11,0

         3.   Thailand

   3.1.   Normal value, export price and comparison

               (30)

               No comments were received that would lead to any change in the methodology applied or the actual dumping calculation performed with regard to Thailand.

               (31)

               Consequently, the findings in recitals 75 to 88 of the provisional Regulation concerning normal value, export price and comparison with regard to Thailand are hereby confirmed.

         3.2.   Dumping margins

               (32)

               A review and fine-tuning of the dumping calculation resulted in a slightly lower dumping margin of 15,5 % for one of the Thai exporting producers. The dumping margin for the other cooperating exporting producer is definitively confirmed at the provisional level.

               (33)

               Given that the level of cooperation was considered high (the volume of exports of the two cooperating Thai companies represented more than 80 % of total Thai exports to the Union during the IP), the dumping margin for all other Thai exporting producers was set at the level of the highest dumping margin of the two cooperating companies.

               (34)

               On this basis the definitive dumping margins for the Thai companies expressed as a percentage of the CIF Union frontier price, duty unpaid, are as follows:

                           Company

                           Dumping Margin (%)

                           BIS Pipe Fitting Industry Co., Ltd

                           15,5

                           Siam Fittings Co., Ltd

                           50,7

                           All other companies

                           50,7

         E.   INJURY

   1.   Union production

               (35)

               In the absence of any comments with regard to Union production, recital 94 to the provisional Regulation is hereby confirmed. It is added that during the period considered the like product was manufactured by three more producers in the Union that ceased production between 2008 and 2009, and another producer which ceased production around the end of the period considered.

         2.   Definition of the Union industry

               (36)

               Interested parties claimed that both sampled groups of Union producers are importing the product concerned, and should not therefore be considered part of the Union industry pursuant to Article 4(1)(a).

               (37)

               In this respect, it was established that both sampled groups of Union producers do indeed import the product concerned. However, first, it should be noted that the finding that a Union producer is also an importer of the product concerned does not lead automatically to the exclusion of this Union producer from the Union industry, and second, for each of the Union producers, these imports were minor compared to the total production and sales of the groups of companies. It is therefore confirmed that both groups of companies are considered part of the Union industry.

               (38)

               In addition, one interested party claimed that one Union producer should not be considered part of the Union industry, since the Union producer is allegedly related to an importer of the product concerned. However, first, it should be noted that the finding of a relationship/ link between a Union producer and an exporter does not lead automatically to the exclusion of that Union producer from the Union industry, and second, no evidence was provided that the relationship/link between the Union producer and the importer, if any, would meet the criteria of Article 4(2) of the basic Regulation. Furthermore, the quantities imported by the allegedly related importer are only a small fraction of the quantities produced and sold by the allegedly related Union producer. Therefore, even if a relationship/link were to be found to exist between the Union producer and the importer, the Union producer would still be considered part of the Union industry.

               (39)

               With regard to the definition of the Union industry for the purposes of the injury assessment, all Union producers manufacturing the like product during the period considered are considered to constitute the Union industry and they will therefore be referred to as the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

         3.   Union consumption

               (40)

               One interested party commented on the fact that during the whole period considered, the production of the Union industry exceeds its sales. At the same time, a decrease in stocks was reported, which is implausible as production exceeding sales should lead to an increase in stocks.

               (41)

               It is noted in this respect that indeed, while at the provisional stage production and stocks were found to have been reported correctly, an error occurred in reporting the Union sales of the Union industry and some sales volumes of the non-sampled Union producers were not completely taken account of. This was corrected and as a consequence, the Union consumption and market shares on the Union market also had to be revised accordingly. Due to the shut-down of three Union producers during the period considered mentioned in recital 113 to the provisional Regulation, the revision with regard to the Union consumption has a more significant impact at the beginning of the period considered.

               (42)

               Union consumption significantly decreased by 28 % between 2008 and 2009, subsequently increasing by 7 percentage points to a level of 21 % below the consumption at the beginning of the period considered.

                              Union consumption (tonnes)

                           2008

                           2009

                           2010

                           IP

                           Union consumption

                           84 270

                           60 807

                           60 640

                           66 493

                              Index

                              100

                              72

                              72

                              79

                                          Source:

                                       Complaint data, Eurostat and questionnaire replies.

         4.   Imports from the countries concerned

   4.1.   Cumulative assessment of the effects of the imports concerned

               (43)

               With regard to the volumes of the dumped imports from Indonesia, it is definitively confirmed that they constituted only around 2,5 % of all imports of the like product to the Union during the IP. Therefore, they can be considered as not constituting a cause of material injury to the Union industry in the sense of Article 9(3) of the basic Regulation or the provisions of the WTO Anti-Dumping Agreement.

               (44)

               In the light of the above, it is definitively decided not to cumulate those imports with the dumped imports from the PRC and Thailand.

               (45)

               Regarding the cumulative assessment of imports from the PRC and Thailand for the purpose of the injury and causation analysis, interested parties claimed that Thai imports should not be cumulatively assessed with Chinese imports for a number of reasons.

               (46)

               Firstly, it was argued that the sales quantity of Thai imports is much lower than that of Chinese imports, and that the sales quantity of Thai imports is decreasing in absolute terms. However, the quantity of Thai imports is not negligible, and therefore sufficient to allow cumulation. In addition, even though the Thai imports are decreasing in absolute terms as demonstrated in the table in recital 51 below, they were gaining 19 % of market share during the period considered, as demonstrated in the table in recital 52 below.

               (47)

               In terms of prices, it was argued that Thai imports are sold, on average, at higher prices than Chinese imports. While this is correct, Thai imports are nevertheless significantly undercutting Union industry prices. Furthermore, the price difference between Thai imports and Chinese imports was constantly decreasing during the period considered from 698 EUR/tonne in 2008 to 472 EUR/tonne during the IP, as shown in the table of recital 108 to the provisional Regulation.

               (48)

               In the absence of any other claim or comments, the content of recitals 98 to 105 to the provisional Regulation is hereby confirmed.

         4.2.   Volume, market share of the dumped imports concerned, their import prices and undercutting

               (49)

               Some interested parties claimed that the import volumes for the PRC stated in recital 106 of the provisional Regulation are too high, as the relevant CN code includes all types of malleable cast iron fittings, not only threaded fittings.

               (50)

               In this respect, it is noted that not the full quantities reported in the CN code were presumed to be threaded fittings. The volumes reported in the provisional Regulation were already corrected downwards, based on information provided by national customs authorities. These volumes were in line with the information contained in the complaint. Interested parties had sufficient time to comment on this. However, no information in this regard was submitted by any interested party either before the publication of the provisional Regulation, nor within the time limit granted for submitting comments to the provisional Regulation. The Chinese Chamber of Commerce provided some quantified information concerning the allegedly correct level of Chinese imports very late in the procedure, almost two months after the deadline for submitting comments to the provisional Regulation, which means it was provided only almost one year after the initiation of the investigation, when the import figures were disclosed for the first time in the non-limited version of the complaint. The submission of this information outside the deadline does not allow for its verification through an objective process of examination without unduly extending the period of the investigation beyond the overriding 15-month deadline as laid down in Article 6(9) of the basic Regulation. In any case, this information appears to substantially understate the Chinese import quantities, since it is based on estimates concerning exports of cooperating companies only and could not therefore be regarded as accurate. This claim therefore was rejected.

               (51)

               However, a number of importers provided information concerning their imports of products other than the product concerned imported under the same CN code during the period considered. This information could be taken into account, and the import volumes from the countries concerned were revised downwards accordingly.

                              Union import volume (tonnes)

                           2008

                           2009

                           2010

                           IP

                           PRC

                           24 180

                           20 876

                           20 416

                           28 894

                              Index

                              100

                              86

                              84

                              119

                           Thailand

                           3 723

                           2 681

                           3 331

                           3 485

                              Index

                              100

                              72

                              89

                              94

                           Two countries concerned

                           27 903

                           23 558

                           23 747

                           32 379

                              Index

                              100

                              84

                              85

                              116

                                          Source:

                                       Complaint data, Eurostat and questionnaire replies.

               (52)

               As a consequence of the issue concerning the Union sales of the Union industry mentioned in recital 41 above, the market share of the dumped imports from the two countries concerned had to be revised as well. The market share of dumped imports from the two countries concerned has increased by 15,6 percentage points from 33,1 % to 48,7 % during the period considered. This market share growth took place to a large extent between 2010 and the IP, during a period of recovering demand.

                              Union market share

                           2008

                           2009

                           2010

                           IP

                           PRC

                           28,7 %

                           34,3 %

                           33,7 %

                           43,5 %

                              Index

                              100

                              120

                              117

                              151

                           Thailand

                           4,4 %

                           4,4 %

                           5,5 %

                           5,2 %

                              Index

                              100

                              100

                              124

                              119

                           Two countries concerned

                           33,1 %

                           38,7 %

                           39,2 %

                           48,7 %

                              Index

                              100

                              117

                              118

                              147

                                          Source:

                                       Complaint data, Eurostat and questionnaire replies.

               (53)

               One interested party requested the aggregated sales price information by product type for the Union industry should be disclosed. However, since the sample of Union producers was comprised of only two groups of producers, as indicated in recital 111 of the provisional Regulation, for confidentiality reasons the actual aggregated information could not be disclosed. This reason also applies to the disclosure of the aggregated sales price by product type.

               (54)

               Interested parties claimed that the imports from the countries concerned enter the Union at a different level of trade than the goods sold by the Union producers. Indeed, it was confirmed that this is the case, and the Union industry and the importers typically share a substantial number of customers. The claim could therefore be accepted and an allowance in the form of an adjustment for level of trade was applied.

               (55)

               As a result the undercutting margins given in recital 110 to the provisional Regulation were revised downwards. Nevertheless, the undercutting margins found typically remain substantial at 25 % to 45 %, with the sole exception of one Thai exporter where the undercutting margin found was around 10 %.

               (56)

               In the absence of any other claim or comments, the content of recitals 108 to 109 to the provisional Regulation is hereby confirmed.

         5.   Situation of the Union industry

               (57)

               In the absence of any claim or comments, recital 111 to the provisional Regulation is hereby confirmed.

         5.1.   Production, production capacity and capacity utilisation

               (58)

               In the absence of any comments with regard to production, production capacity and capacity utilisation, recitals 112 to 114 to the provisional Regulation are hereby confirmed.

         5.2.   Stocks

               (59)

               In the absence of any comments with regard to stocks, recital 115 to the provisional Regulation is hereby confirmed.

         5.3.   Sales volume and market share

               (60)

               As a consequence of the issue mentioned in recital 41 above, the sales volume and market share of the Union industry had to be revised as well. The sales volume of all Union producers on the Union market significantly decreased by 36 % between 2008 and 2009 due to a decreasing demand. After 2009, however, the demand in the Union increased by around 6 000 tonnes, as mentioned in recital 42 above, but the Union sales further decreased by another 5 percentage points or 2 440 tonnes until the end of the period considered.

                              Union sales volume (tonnes)

                              All producers

                           2008

                           2009

                           2010

                           IP

                           Union sales

                           48 823

                           31 069

                           30 466

                           28 629

                              Index

                              100

                              64

                              62

                              59

                                          Source:

                                       Questionnaire replies sampled Union producers, complaint.

               (61)

               The market share of the Union industry continuously decreased by 26 % or 14,8 percentage points during the period considered, while the dumped imports gained 15,6 percentage points of market share during the same period, as indicated in recital 52 above.

                              Union market share

                              All producers

                           2008

                           2009

                           2010

                           IP

                           Market share

                           57,9 %

                           51,1 %

                           50,2 %

                           43,1 %

                              Index

                              100

                              88

                              87

                              74

                                          Source:

                                       Complaint data, Eurostat and questionnaire replies.

               (62)

               One interested party claimed that the market shares in the non-domestic market segment in the United Kingdom would show different market shares, with the Union industry holding a larger market share, while the market share of Chinese imports would be smaller on this particular segment of the Union market.

               (63)

               It may very well be the case that the Union industry holds a higher market share in a particular market segment in a single Member State. It is indeed normal that the various economic operators do not have the same market shares in all market segments of all Member States. However, the present injury analysis covers the Union market as a whole. In this respect, it was indeed confirmed that the market share of the Union industry significantly decreased, as explained above.

         6.   Conclusion on injury

               (64)

               In the absence of any other claim or comments, the content of recitals 118 to 133 to the provisional Regulation including the conclusion that Union industry has suffered material injury within the meaning of Article 3(5) of the basic Regulation is hereby confirmed.

         F.   CAUSATION

   1.   Effect of other factors

   1.1.   Imports from other third countries

               (65)

               As a consequence of the issue concerning the Union sales of the Union industry mentioned in recital 41 above, the market share of the other third countries had to be revised as well. For the other third countries, there were limited imports throughout the whole period considered. The total market share of imports from countries other than the two countries concerned has decreased during the period considered by 0,8 percentage points, from 9,0 % to 8,2 %.

               (66)

               The next largest sources of imports during the IP were Brazil, Indonesia and Turkey, which held market shares between 1,3 % and 1,5 %, and all of these countries had stable or decreasing market shares during the period considered.

                              Import market share

                           2008

                           2009

                           2010

                           IP

                           Brazil

                           3,1 %

                           3,6 %

                           3,9 %

                           1,5 %

                           Indonesia

                           1,5 %

                           2,4 %

                           1,9 %

                           1,5 %

                           Turkey

                           1,3 %

                           1,9 %

                           1,8 %

                           1,3 %

                           Other Countries

                           3,0 %

                           2,3 %

                           3,1 %

                           3,9 %

                           Total

                           9,0 %

                           10,2 %

                           10,6 %

                           8,2 %

                              Index

                              100

                              114

                              118

                              92

                                          Source:

                                       Eurostat.

               (67)

               Due to the limited volumes and the stable trend, it can be concluded that imports from third countries other than the countries concerned have not contributed to the injury suffered by the Union industry during the IP.

         1.2.   Development of Union consumption

               (68)

               Interested parties argued that the Union consumption developed negatively due to the emergence of substitute products manufactured with different materials other than malleable cast iron, such as plastic, stainless steel, carbon steel and copper, as well as new connection technologies. As a consequence, some Union producers have broadened their product range, which now also includes some of these substitute products.

               (69)

               In this respect, it is noted that the substitution effects were addressed in recital 146 to the provisional Regulation. These substitution effects had a negative impact on the Union consumption, which as a consequence had an effect on production and sales volume of the Union producers.

               (70)

               However, as already indicated in the provisional Regulation, the injurious effect of the shrinking Union consumption was aggravated by the steady increase of dumped imports which gained 15,6 percentage points of market share in a shrinking market. As indicated in recital 60 above, the demand in the Union increased by around 6 000 tonnes between 2009 and the IP, but the Union industry’s sales further decreased by another 2 440 tonnes until the end of the period considered in a recovering market.

               (71)

               On the basis of the above, it is concluded that the negative development of Union consumption does not break the causal link between the dumped imports and the injury suffered by the Union industry.

         1.3.   Decrease in production capacity not due to dumped imports

               (72)

               Interested parties claimed that the decrease in the Union production capacity mentioned in recital 113 to the provisional Regulation is due to the shutdown of three Union producers between 2008 and 2009 due to the economic crisis. This decrease can therefore allegedly not be attributed to imports from the countries concerned.

               (73)

               In this respect, it is pointed out that it was already mentioned in recital 113 to the provisional Regulation that the main reason for the reduction of the production capacity was the shutdown of three Union producers.

               (74)

               However, the shutdown of the three Union producers cannot only be seen as an effect of decreasing demand. During the period considered, the shrinking Union market referred to in recital 42 above has been subject to continuously increasing imports from the countries concerned, which gained 15,6 percentage points of market share, as explained in recital 52 above. It is therefore clear that not only the decreasing demand has contributed to the shutdown of three Union producers and thereby to the decrease of the production capacity of the Union industry. There is also a clear link between the decrease in the Union production capacity and the increasing market share of dumped imports.

         1.4.   Imports of the product concerned by Union producers

               (75)

               Interested parties claimed that the injury suffered by Union producers was self-inflicted, as they allegedly imported significant quantities of the product concerned. This claim was not supported by the findings of the investigation. Information supplied by both the Union producers and the cooperating exporters showed that, for each of the sampled groups of Union producers, these imports were minor compared to their total production and sales of own-produced goods as already indicated in recital 37 above. Given the insignificance of the volumes of imports of the product concerned by the Union industry, it was concluded that those imports did not contribute to the injury suffered by the Union industry. Consequently, the claim was rejected.

         1.5.   Use of 2008 as a starting year

               (76)

               Interested parties claimed that the deteriorating trend of the EU industry is largely based on the use of 2008 as a reference point for the period considered. Allegedly, 2008 was an exceptionally good year for the Union industry. However, information included in the complaint suggests that the situation of the EU industry in 2007 was similar or better than the situation in 2008. It is therefore concluded that the finding of injury does not depend on the use of 2008 as a starting year.

         2.   Conclusion on causation

               (77)

               Account taken of the above and in the absence of any other claim or comments, the content of recitals 134 to 153 to the provisional Regulation is hereby confirmed.

               (78)

               In conclusion, it is confirmed that the material injury of the Union industry, which is characterised by decreasing profitability, production volumes, capacity utilisation, sales volumes and market share was caused by the dumped imports concerned. Indeed, the effect of decreasing demand on the Union industry’s negative developments in terms of production capacity, production and sales was limited.

               (79)

               Given the above analysis, which has properly distinguished and separated the effects of all the known factors on the situation of the Union industry from the injurious effects of the dumped imports, it is hereby confirmed that these other factors as such do not reverse the fact that the assessed injury must be attributed to the dumped imports.

         G.   UNION INTEREST

               (80)

               In the absence of any comments, recitals 154 to 164 to the provisional Regulation, including the conclusion that no compelling reasons exist against the imposition of measures on the dumped imports from the countries concerned are hereby confirmed.

         H.   DEFINITIVE MEASURES

   1.   Injury elimination level

               (81)

               The injury elimination levels were adjusted to take into account the level of trade adjustment made in the calculation of undercutting as set out in recitals 54 and 55 above. In the absence of any other specific comments, recitals 165 to 170 to the provisional Regulation are hereby confirmed.

         2.   Definitive measures

               (82)

               In view of the conclusions reached with regard to dumping, injury, causation and Union interest, and in accordance with Article 9 of the basic Regulation, it is considered that a definitive anti-dumping duty should be imposed on imports of the product concerned originating in the PRC and Thailand at the level of the lowest of the dumping and injury margins found, in accordance with the lesser duty rule, which is in all, but one, cases the dumping margin.

               (83)

               Given the high level of cooperation of the Chinese and Thai exporting producers, the ‘all other companies’ duty for both countries was set at the level of the highest duty to be imposed on the companies, respectively, sampled or cooperating in the investigation from the respective country. The ‘all other companies’ duty will be applied to those companies that had not cooperated in the investigation and to companies that have not had exports of the product concerned to the Union during the IP.

               (84)

               For the cooperating non-sampled Chinese companies listed in the Annex to this Regulation, the definitive duty rate is set at the weighted average of the rates of the sampled companies.

               (85)

               The rates of the definitive anti-dumping duties are as follows:

                  People’s Republic of China

                           Company

                           Dumping margin (%)

                           Injury margin (%)

                           Duty Rate (%)

                           Hebei Jianzhi Casting Group Ltd

                           57,8

                           96,1

                           57,8

                           Jinan Meide Casting Co., Ltd

                           40,8

                           84,4

                           40,8

                           Qingdao Madison Industrial Co., Ltd

                           24,6

                           89,4

                           24,6

                           Other cooperating companies

                           41,1

                           86,3

                           41,1

                           All other companies

                           57,8

                  Thailand

                           Company

                           Dumping margin (%)

                           Injury margin (%)

                           Duty Rate (%)

                           BIS Pipe Fitting Industry Co., Ltd

                           15,5

                           43,1

                           15,5

                           Siam Fittings Co., Ltd

                           50,7

                           14,9

                           14,9

                           All other companies

                           15,5

               (86)

               The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during this investigation with respect to these companies. These duty rates (as opposed to the country-wide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of product concerned originating in the PRC and Thailand and produced by the companies and thus by the specific legal entities mentioned. Imported product concerned produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

               (87)

               Any claim requesting the application of an individual company anti-dumping duty rate (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (5) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.

               (88)

               With regard to the PRC, in order to ensure equal treatment between any new exporters and the cooperating companies not included in the sample, provision should be made for the weighted average duty imposed on the latter companies to be applied to any new exporters which would otherwise be entitled to a review pursuant to Article 11(4) of the basic Regulation as that Article does not apply where sampling has been used.

               (89)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the PRC and Thailand, and the definitive collection of the amounts secured by way of the provisional duty (‘final disclosure’). They were also granted a period within which they could make representations subsequent to this disclosure.

               (90)

               Given that following the final disclosure no new arguments that would influence the outcome of the assessment of the case were brought forward, no modification of the findings as detailed above is warranted.

         I.   UNDERTAKING

               (91)

               One cooperating Thai exporting producer offered a price undertaking in accordance with Article 8(1) of the basic Regulation. However, the product concerned exists in a multitude of product types (the exporting producer reported over 900 product types sold to the EU), for which prices vary significantly (by up to 200 % within the most sold types but some less sold product types may be even 10 times as expensive as others), thus posing a very high risk of cross-compensation. In addition, the product types may evolve in design and finishing. It was therefore considered that the product is not suitable for a price undertaking. Also, it has been the Commissions consistent practice during the last years not to accept undertakings in cases where the product exists in such a multitude of types. Consequently, the undertaking offer was rejected.

         J.   DEFINITIVE COLLECTION OF THE PROVISIONAL DUTY

               (92)

               In view of the magnitude of the dumping margin found and given the level of the injury caused to the Union industry, it is considered necessary that the amounts secured by way of a provisional anti-dumping duty imposed by the provisional Regulation should be definitively collected. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of provisional duties should be definitively collected, while the amounts secured in excess of the definitive rate of anti-dumping duties should be released.

               (93)

               As bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid are now excluded from the product scope (see recitals 8 and 11 above), the amounts provisionally secured on imports of bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid should be released.

         K.   TERMINATION OF THE PROCEEDING WITH REGARD TO INDONESIA

               (94)

               As explained in recital 43 above, the volumes of the dumped imports from Indonesia can be considered as not constituting a cause of material injury to the Union industry. Consequently, it is considered that protective measures are not necessary and that the proceeding with regard to Indonesia should be terminated.

               (95)

               All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the termination and no objections were raised,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling within CN code ex 7307 19 10 (TARIC code 7307191010) and originating in the People’s Republic of China (‘PRC’) and Thailand.
   2.   The rate of the definitive anti-dumping duty applicable to the net free-at-Union-frontier price, before duty, of the product described in paragraph 1 and manufactured by the companies listed below, shall be as follows:

               Country

               Company

               Duty Rate (%)

               TARIC additional code

               PRC

               Hebei Jianzhi Casting Group Ltd — Yutian County

               57,8

               B335

               Jinan Meide Casting Co., Ltd — Jinan

               40,8

               B336

               Qingdao Madison Industrial Co., Ltd — Qingdao

               24,6

               B337

               Hebei XinJia Casting Co., Ltd — XuShui County

               41,1

               B338

               Shijiazhuang Donghuan Malleable Iron Castings Co., Ltd — Xizhaotong Town

               41,1

               B339

               Linyi Oriental Pipe Fittings Co., Ltd — Linyi City

               41,1

               B340

               China Shanxi Taigu County Jingu Cast Co., Ltd — Taigu County

               41,1

               B341

               Yutian Yongli Casting Factory Co., Ltd — Yutian County

               41,1

               B342

               Langfang Pannext Pipe Fitting Co., Ltd — LangFang, Hebei

               41,1

               B343

               Tangshan Daocheng Casting Co., Ltd — Hongqiao Town, Yutian County

               41,1

               B344

               Tangshan Fangyuan Malleable Steel Co., Ltd — Tangshan

               41,1

               B345

               Taigu Tongde Casting Co., Ltd — Nanyang Village, Taigu

               41,1

               B346

               All other companies

               57,8

               B999

               Thailand

               BIS Pipe Fitting Industry Co., Ltd — Samutsakorn

               15,5

               B347

               Siam Fittings Co., Ltd — Samutsakorn

               14,9

               B348

               All other companies

               15,5

               B999

         3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   1.   Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EU) No 1071/2012 on imports of threaded tube or pipe cast fittings, of malleable cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling within CN code ex 7307 19 10 (TARIC code 7307191010) and originating in the PRC and Thailand, shall be definitively collected. The amounts secured in excess of the rates of the definitive anti-dumping duties shall be released.
   2.   The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EU) No 1071/2012 on imports of bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid and originating in the PRC and Thailand, shall be released.
   Article 3
   Where any new exporting producer in the PRC provides sufficient evidence to the Commission that:

               —

               it did not export to the Union the product described in Article 1(1) during the investigation period (1 January-31 December 2011),

               —

               it is not related to any of the exporters or producers in the PRC which are subject to the measures imposed by this Regulation,

               —

               it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

         Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 41,1 %.
   Article 4
   The anti-dumping proceeding concerning imports of threaded tube or pipe cast fittings, of malleable cast iron, currently falling within CN code ex 7307 19 10 and originating in Indonesia is hereby terminated.
   Article 5
   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, 13 May 2013.

            For the Council

            The President

         S. COVENEY

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

      (2)  OJ L 318, 15.11.2012, p. 10.

      (3)  OJ C 44, 16.2.2012, p. 33.

      (4)  Compression fittings use ISO DIN 13 metric threads, while standard threaded fittings usually use ISO 7/1 and ISO 228/1 threads.

      (5)  European Commission, Directorate-General for Trade, Directorate H, Office N105, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË.


title: Commission Implementing Regulation (EU) No 629/2013 of 28 June 2013 laying down further exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/13 marketing year

text:
               29.6.2013

               EN

               Official Journal of the European Union

               L 179/55

         COMMISSION IMPLEMENTING REGULATION (EU) No 629/2013
   of 28 June 2013
   laying down further exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/13 marketing year
   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 64(2) and Article 186, in conjunction with Article 4 thereof,
   Whereas:

               (1)

               During the 2011/12 sugar marketing year, the Union average bulk white sugar ex-factory price reached a level of 175 % of the reference price of EUR 404/tonne and was approximately EUR 275/tonne higher than the world market price. The Union price is now stable at a level of around EUR 700/tonne, which is the highest level reached since the reform of the sugar market organisation and disturbs the optimal fluidity of the sugar supply on the Union market. The expected increase of this already high price level at the beginning of the 2012/13 marketing year substantiated the risk of serious market disturbances which had to be prevented by the necessary measures. On 18 January, 15 February and 22 March 2013 the Commission adopted Implementing Regulations (EU) No 36/2013 (2), (EU) No 131/2013 (3) and (EU) No 281/2013 (4) providing exceptional measures intended to address the market disturbance. Notwithstanding the measures taken, the current prices registered on the market show that it is necessary to adopt further measures to address the persisting market disturbance.

               (2)

               Based on the estimated supply and demand for 2012/13, the ending stocks for the sugar market are expected to be lower by at least 500 000 tonnes than in 2011/12. This figure already takes into account the imports from third countries benefiting from certain preferential agreements.

               (3)

               On the other hand, the expectations of a good harvest lead to estimate the production of nearly 4 600 000 tonnes in excess of the sugar quota set out in Article 56 of Regulation (EC) No 1234/2007. Taking account of the foreseeable contractual commitments of sugar producers in respect of certain industrial uses provided for in Article 62 of that Regulation and of the 2012/13 export commitments for out-of-quota sugar, substantial quantities of out-of-quota sugar of at least 1 200 000 tonnes would still be available. Part of this sugar could be made available to alleviate the tight supply of the Union sugar food market and to avoid excessive price increases.

               (4)

               In order to ensure the fluidity of the market, it is necessary to release out-of-quota sugar. It should be possible to take such a measure each time it is necessary during the marketing year 2012/13.

               (5)

               Pursuant to Articles 186 and 188 of Regulation (EC) No 1234/2007 measures may be taken, when necessary, to remedy market disturbances or the risk of disturbances, where, in particular, these result from a significant rise of prices in the Union, provided that this objective cannot be reached by means of other measures available under that Regulation. Given the current market circumstances, Regulation (EC) No 1234/2007 does not provide for any specific measures aimed at limiting the high sugar price trend and allowing sugar supply at reasonable prices on the Union market, other than those based on Article 186 of that Regulation.

               (6)

               Article 64(2) of Regulation (EC) No 1234/2007 empowers the Commission to fix the surplus levy on sugar and isoglucose produced in excess of the quota at a sufficiently high level in order to avoid the accumulation of surplus quantities. Article 3(1) of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (5) has fixed that levy at EUR 500 per tonne.

               (7)

               For a limited quantity of sugar produced in excess of the quota, a reduced surplus levy should be fixed at a level per tonne allowing for a fair treatment of Union sugar producers, ensuring the good functioning of the Union sugar market and helping to reduce the difference between Union and world market sugar prices without creating risks of accumulation of surpluses in the Union market.

               (8)

               As Regulation (EC) No 1234/2007 fixes quotas for both sugar and isoglucose, a similar measure should apply for an appropriate quantity of isoglucose produced in excess of the quota because the latter product is, to some extent, a commercial substitute for sugar.

               (9)

               With a view to increasing the supply, sugar and isoglucose producers should apply to the competent authorities of the Member States for certificates allowing them to sell certain quantities, produced above the quota limit, on the Union market with a reduced surplus levy.

               (10)

               The reduced surplus levy should be paid after the application is admitted and before the certificate is issued.

               (11)

               The validity of the certificates should be limited in time to encourage a fast improvement of the supply situation.

               (12)

               Fixing upper limits of the quantities for which each producer can apply in one application period and restricting the certificates to products of the applicant’s own production should prevent speculative actions within the system created by this Regulation.

               (13)

               With their application, sugar producers should commit themselves to pay the minimum price for sugar beet used to produce the quantity of sugar for which they apply. The minimum eligibility requirements for applications should be specified.

               (14)

               The competent authorities of the Member States should notify the Commission of the applications received. In order to simplify and standardise those notifications, models should be made available.

               (15)

               The Commission should ensure that certificates are granted only within the quantitative limits fixed in this Regulation. Therefore, if necessary, the Commission should be able to fix an allocation coefficient applicable to the applications received.

               (16)

               Member States should immediately inform the applicants whether the quantity applied for was fully or partially granted.

               (17)

               The competent authorities should notify the Commission of the quantities for which certificates with a reduction of the surplus levy have been issued. For this purpose, models should be made available by the Commission.

               (18)

               Sugar quantities released on the Union market of quantities in excess of the certificates issued under this Regulation should be subject the surplus levy set out in Article 64(2) of Regulation (EC) No 1234/2007. It is therefore appropriate to provide that any applicant not fulfilling his commitment to release on the Union market the quantity covered by a certificate delivered to him, should also pay an amount of EUR 500 per tonne. This consistent approach is aimed at preventing abuse of the mechanism introduced by this Regulation.

               (19)

               For the purpose of establishing average prices for quota and out-of-quota sugar on the Union market in accordance with Article 13(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (6), sugar covered by a certificate issued pursuant to this Regulation should be considered as quota sugar.

               (20)

               In accordance with Article 2(1)(a) of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (7) contributions and other duties provided for within the framework of the common organisation of the markets in the sugar sector are to constitute own resources. It is therefore necessary to set the date of establishment of the amounts in question within the meaning of Article 2(2) and Article 6(3)(a) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the Communities’ own resources (8).

               (21)

               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
   Temporary reduction of the surplus levy
   1.   By way of derogation from Article 3(1) of Regulation (EC) No 967/2006, the amount of the surplus levy for a maximum quantity of 150 000 tonnes of sugar in white sugar equivalent and 8 000 tonnes of isoglucose in dry matter, produced in excess of the quota fixed in Annex VI to Regulation (EC) No 1234/2007 and released on the Union market in the 2012/13 marketing year, shall be fixed at EUR 148 per tonne.
   2.   The reduced surplus levy provided for in paragraph 1 shall be paid after the application referred to in Article 2 is admitted and before the certificate referred to in Article 6 is issued.
   Article 2
   Application for certificates
   1.   In order to benefit from the conditions specified in Article 1, sugar and isoglucose producers shall apply for a certificate.
   2.   Applicants may be only undertakings producing beet and cane sugar or isoglucose, which are approved in accordance with Article 57 of Regulation (EC) No 1234/2007 and have been allocated a production quota for the 2012/13 marketing year, in accordance with Article 56 of that Regulation.
   3.   Each applicant may submit not more than one application for sugar and one for isoglucose per application period.
   4.   Applications for certificates shall be submitted by fax or electronic mail to the competent authority in the Member State in which the undertaking was approved. The competent authorities of the Member States may require that electronic applications be accompanied by an advance electronic signature within the meaning of Directive 1999/93/EC of the European Parliament and of the Council (9).
   5.   To be admissible, the applications shall fulfil the following conditions:

               (a)

               the applications shall indicate:

                           (i)

                           the name, address and VAT number of the applicant; and

                           (ii)

                           the quantities applied for, expressed in tonnes of white sugar equivalent and tonnes of isoglucose in dry matter, rounded to no decimal places;

               (b)

               the quantities applied for in this application period, expressed in tonnes of white sugar equivalent and tonnes of isoglucose in dry matter, shall not exceed 50 000 tonnes in the case of sugar and 2 500 tonnes in the case of isoglucose;

               (c)

               if the application concerns sugar, the applicant shall commit himself to pay the minimum beet price, set out in Article 49 of Regulation (EC) No 1234/2007, for the quantity of sugar covered by certificates issued in accordance with Article 6 of this Regulation;

               (d)

               the application shall be written in the official language or one of the official languages of the Member State in which the application is lodged;

               (e)

               the application shall indicate a reference to this Regulation and the expiry date for the submission of the applications;

               (f)

               the applicant shall not introduce any additional conditions to those laid down in this Regulation.

         6.   An application which is not submitted in accordance with paragraphs 1 to 5 shall not be admissible.
   7.   An application may not be withdrawn or amended after its submission, even if the quantity applied for is granted only partially.
   Article 3
   Submission of applications
   The period during which applications may be submitted shall end on 10 July 2013 at 12 noon, Brussels time.
   Article 4
   Transmission of applications by the Member States
   1.   The competent authorities of the Member States shall decide on the admissibility of applications on the basis of the conditions set out in Article 2. Where the competent authorities decide that an application is inadmissible, they shall inform the applicant without delay.
   2.   The competent authority shall notify the Commission on Friday at the latest, by fax or electronic mail, of the admissible applications submitted during the preceding application period. That notification shall not contain the data referred to in Article 2(5)(a)(i). Member States that received no applications but have sugar or isoglucose quota allocated to them in the 2012/13 marketing year, shall also send their nil returns notifications to the Commission within the same time limit.
   3.   The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States.
   Article 5
   Exceeded limits
   When the information notified by the competent authorities of the Member States pursuant to Article 4(2) indicates that the quantities applied for exceed the limits set out in Article 1, the Commission shall:

               (a)

               fix an allocation coefficient, which the Member States shall apply to the quantities covered by each notified certificate application;

               (b)

               reject applications not yet notified.

         Article 6
   Issue of certificates
   1.   Without prejudice to Article 5, on the 10th working day following a week where the application period ended, the competent authority shall issue certificates for the applications notified to the Commission, in accordance with Article 4(2).
   2.   Each Monday Member States shall notify the Commission of the quantities of sugar and/or isoglucose for which they issued certificates in the preceding week.
   3.   A template of the certificate is set out in the Annex.
   Article 7
   Validity of certificates
   Certificates shall be valid until the end of the second month following the month of issue.
   Article 8
   Transferability of certificates
   Neither the rights nor the obligations deriving from the certificates shall be transferable.
   Article 9
   Price reporting
   For the purpose of Article 13(1) of Regulation (EC) No 952/2006, the quantity of sugar sold which is covered by a certificate issued pursuant to this Regulation shall be considered as quota sugar.
   Article 10
   Monitoring
   1.   Applicants shall add to their monthly notifications provided for in Article 21(1) of Regulation (EC) No 952/2006 the quantities for which they received certificates in accordance with Article 6 of this Regulation.
   2.   Before 31 October 2013, each holder of a certificate under this Regulation shall submit to the competent authorities of the Member States proof that all quantities covered by his certificates were released on the Union market. Each tonne covered by a certificate but not released on the Union market for reasons other than force majeure, shall be subject to payment of an amount of EUR 352/tonne.
   3.   Member States shall notify the Commission of the quantities not released on the Union market.
   4.   Member States shall calculate and notify the Commission of the difference between the total quantity of sugar and isoglucose produced by each producer in excess of the quota and the quantities which have been disposed by the producers in accordance with the second subparagraph of Article 4(1) of Regulation (EC) No 967/2006. If the remaining quantities of out-of-quota sugar or isoglucose of a producer are less than the quantities issued for that producer for under this Regulation, the producer shall pay an amount of EUR 500/tonne on that difference.
   5.   The notifications provided for in paragraphs 3 and 4 shall be made not later than 30 June 2014.
   Article 11
   Date of establishment
   For the purposes of Article 2(2) and Article 6(3)(a) of Regulation (EC, Euratom) No 1150/2000, the date of establishment of the Union’s entitlement shall be the date on which the surplus levy is paid by the applicants in accordance with Article 1(2) of this Regulation.
   Article 12
   Entry into force
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   It shall expire on 30 June 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 June 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 16, 19.1.2013, p. 7.

      (3)  OJ L 45, 16.2.2013, p. 1.

      (4)  OJ L 84, 23.3.2013, p. 19.

      (5)  OJ L 176, 30.6.2006, p. 22.

      (6)  OJ L 178, 1.7.2006, p. 39.

      (7)  OJ L 163, 23.6.2007, p. 17.

      (8)  OJ L 130, 31.5.2000, p. 1.

      (9)  OJ L 13, 19.1.2000, p. 12.

      ANNEX

         Model for the certificate referred to in Article 6(3)


title: Commission Implementing Regulation (EU) No 393/2012 of 7 May 2012 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Thailand in the lists of third countries or parts thereof from which poultry and poultry products may be imported into and transit through the Union  Text with EEA relevance

text:
               9.5.2012

               EN

               Official Journal of the European Union

               L 123/27

         COMMISSION IMPLEMENTING REGULATION (EU) No 393/2012
   of 7 May 2012
   amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Thailand in the lists of third countries or parts thereof from which poultry and poultry products may be imported into and transit through the Union
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8 and point 4 of Article 8 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) provides that the commodities covered by it are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in Part 1 of Annex I thereto.

               (2)

               Thailand is currently listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as authorised for imports into the Union of specified pathogen-free eggs and egg products. Due to outbreaks of highly pathogenic avian influenza in 2004, imports into the Union of meat of poultry, farmed ratites and wild game-birds and eggs were prohibited as indicated by the entries in columns 6 and 6A of the table in Part 1 of Annex I to that Regulation.

               (3)

               In addition, Commission Decision 2005/692/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (3) provides that Member States are to suspend the importation from Thailand of certain products including meat of poultry, farmed ratites and wild game-birds, and eggs.

               (4)

               The animal health situation in Thailand has since improved, in particular as regards the control of highly pathogenic avian influenza in poultry. Commission experts have carried out several inspection missions in Thailand to assess the animal health situation and the disease control systems in place in that third country. The conclusion drawn from the last mission carried out in Thailand is that the overall system gives sufficient guarantees that the concerned products fulfil the relevant Union requirements.

               (5)

               In light of this, Decision 2005/692/EC as amended by Commission Implementing Decision 2012/248/EU of 7 May 2012 amending Decisions 2005/692/EC, 2005/734/EC, 2007/25/EC and 2009/494/EC as regards avian influenza (4) no longer suspends imports from Thailand into the Union of the products covered by Decision 2005/692/EC including meat of poultry, farmed ratites and wild game-birds, and eggs.

               (6)

               As a result, the entry for Thailand in Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended in order to reflect that imports of meat of poultry, farmed ratites and wild game-birds and eggs into, and transit through, the Union from Thailand are no longer prohibited.

               (7)

               However, the imports of eggs from Thailand should be subject to the submission by that third country of a Salmonella control programme.

               (8)

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

               (9)

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

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

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 226, 23.8.2008, p. 1.

      (3)  OJ L 263, 8.10.2005, p. 20.

      (4)  See page 42 of this Official Journal.

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

                     ‘TH-Thailand

                     TH-0

                     Whole country

                     SPF, EP

                     WGM

                     VIII

                     1.7.2012

                     POU, RAT

                     1.7.2012

                     E

                     1.7.2012

                     S4’