title: Commission Implementing Regulation (EU) 2017/1589 of 19 September 2017 withdrawing the acceptance of the undertaking for one exporting producer under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures

text:
               20.9.2017

               EN

               Official Journal of the European Union

               L 241/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1589
   of 19 September 2017
   withdrawing the acceptance of the undertaking for one exporting producer under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Having regard to Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (3), and in particular Article 3 thereof,
   Having regard to Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (4), and in particular Article 2 thereof,
   Having regard to Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (5), and in particular Article 2 thereof,
   Having regard to Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (6), and in particular Article 2 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (7), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

               (2)

               A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

               (3)

               By Decision 2013/423/EU (8), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (9), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

               (4)

               By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

               (5)

               Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (10) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

                           —

                           Chinaland Solar Energy Co. Ltd covered by TARIC additional code B808 (‘Chinaland’).

               (6)

               By Implementing Decision 2014/657/EU (11), the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to hereafter as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (12) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (13) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (14) the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (16) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union
                   (17) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (18), the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (19), the Commission extended the definitive anti-dumping duty imposed by Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (15)

               By Implementing Regulation (EU) 2016/184 (20), the Commission extended the definitive countervailing duty imposed by Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

               (16)

               By Implementing Regulation (EU) 2016/1045 (21), the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (17)

               By Implementing Regulation (EU) 2016/1382 (22), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (18)

               By Implementing Regulation (EU) 2016/1402 (23), the Commission withdrew the acceptance of the undertaking for another three exporting producers.

               (19)

               By Implementing Regulation (EU) 2016/1998 (24), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

               (20)

               By Implementing Regulation (EU) 2016/2146 (25), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

               (21)

               Following the expiry and interim reviews referred to in recitals 10 to 12, the Commission maintained the measures in force by Implementing Regulation (EU) 2017/366 and Implementing Regulation (EU) 2017/367.

               (22)

               The Commission also initiated a partial interim review on the form of measures by a Notice of Initiation published in the Official Journal of the European Union
                   (26) on 3 March 2017.

               (23)

               By Implementing Regulation (EU) 2017/454 (27), the Commission withdrew the acceptance of the undertaking for four exporting producers.

               (24)

               By Implementing Decision (EU) 2017/615 (28), the Commission accepted a proposal by a group of exporting producers together with the CCCME concerning the implementation of the undertaking.

               (25)

               By Implementing Regulation (EU) 2017/941 (29), the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (26)

               By Implementing Regulation (EU) 2017/1408 (30), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

               (27)

               By Implementing Regulation (EU) 2017/1497 (31), the Commission withdrew the acceptance of the undertaking for one exporting producer.

               (28)

               By Implementing Regulation (EU) 2017/1524 (32), the Commission withdrew the acceptance of the undertaking for two exporting producers.

         B.   TERMS OF THE UNDERTAKING

               (29)

               The exporting producers agreed, inter alia, not to sell the product covered to the first independent customer in the Union below a certain minimum import price (‘the MIP’) within the associated annual level of imports to the Union (‘annual level’) laid down in the undertaking. The MIP is set on a cash equivalent basis. If the payment term is different from the cash equivalent basis, a certain deduction is applied to the invoice value when compliance with the MIP is compared.

               (30)

               The exporting producers also agreed to sell the product covered only by means of direct sales. For the purpose of the undertaking, a direct sale is defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking.

               (31)

               The undertaking sets out, in a non-exhaustive list, the breaches of the undertaking. This list of breaches includes indirect sales to the Union by companies other than those listed in the undertaking.

               (32)

               The undertaking also obliges the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to and re-sales in the Union (‘the quarterly reports’). This implies that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully comply with the terms of the undertaking. Reporting of re-sales in the Union is a particular obligation when the product covered is sold to the first independent customer through a related importer. Only these reports enable the Commission to monitor whether the re-sale price of the related importer to the first independent customer is in accordance the MIP.

               (33)

               The exporting producer is liable for the breach of any of its related parties, whether or not listed in the undertaking.

               (34)

               The undertaking further stipulates that the acceptance of the undertaking by the Commission is based on trust and any action which would harm the relationship of trust established with the Commission should justify the withdrawal of the undertaking.

         C.   MONITORING OF THE EXPORTING PRODUCER

               (35)

               While monitoring compliance with the undertaking, the Commission verified information submitted by Chinaland that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of Chinaland.

               (36)

               The Commission also received evidence from customs authorities of one Member State on the basis of Articles 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(9) and 24(7) of the basic anti-subsidy Regulation.

               (37)

               The findings listed in recitals 38 to 40 address the problems identified for Chinaland which oblige the Commission to withdraw acceptance of the undertaking for this exporting producer.

         D.   GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING

               (38)

               In its quarterly reports, Chinaland had reported sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. These transactions amounted in value to around 20 % of its total sales to the Union. Based on the information available to the Commission, the importer involved in these transactions was related to Chinaland. In particular, several sales transactions of this allegedly unrelated importer were carried out by two of Chinaland's officials. In their communication with final customers, these officials stated that this allegedly unrelated customer was a Union company belonging to Chinaland. Email accounts of these officials also hint to Chinaland. The Commission analysed this trade pattern. As this importer is not listed as related party in the undertaking, Chinaland had breached the terms of the undertaking as described in recital 30.

               (39)

               In addition, sales made by this importer to the first independent customer in the Union were carried out at prices below the MIP. Therefore, Chinaland breached the terms of the undertaking as described in recitals 29 and 33.

               (40)

               None of the re-sales by the related importer was reported to the Commission. Consequently, Chinaland also breached the terms of the undertaking as described in recitals 32 and 33.

               (41)

               The Commission analysed the findings set out in recitals 38 to 40 and concluded that these also harmed the relationship of trust established with the Commission.

         E.   INVALIDATION OF UNDERTAKING INVOICES

               (42)

               The indirect sales transactions made by Chinaland are linked to the following undertaking invoices:

                           Number of commercial invoice accompanying goods subject to the undertaking

                           Date

                           CHN160765

                           8.10.2016

                           CHN160839

                           18.8.2016

                           CHN160759

                           18.8.2016

                           CHN160739

                           27.7.2016

                           CHN160608

                           25.7.2016

                           CHN160743

                           27.7.2016

                           CHN160815

                           18.8.2016

                           CHN160730

                           9.8.2016

                           CHN160760

                           18.8.2016

                           CHN160833-2

                           20.8.2016

                           CHN160648

                           9.8.2016

                           CHN160818

                           18.8.2016

                           CHN160828

                           22.8.2016

                           CHN160834

                           13.8.2016

                           CHN160755

                           13.8.2016

                           CHN160738

                           27.7.2016

                           CHN160737

                           9.8.2016

                           CHN160764

                           16.8.2016

                           CHN160803

                           27.9.2016

                           CHN160804

                           9.8.2016

                           CHN160719

                           22.7.2016

                           CHN160736

                           13.7.2016

                           CHN160631

                           6.7.2016

                           CHN160901

                           20.8.2016

                           CHN160731

                           9.8.2016

                           CHN160822

                           22.8.2016

                           CHN160718

                           13.7.2016

                           CHN160835

                           13.8.2016

                           CHN160314

                           7.4.2016

                           CHN160528

                           16.6.2016

                           CHN160628

                           25.6.2016

                           CHN160436

                           27.4.2016

                           CHN160632

                           29.6.2016

                           CHN160513

                           2.6.2016

                           CHN160622

                           12.6.2016

                           CHN160430

                           3.5.2016

                           CHN160405

                           7.4.2016

                           CHN160507-1

                           25.4.2016

                           CHN160505

                           29.4.2016

                           CHN160551

                           18.6.2016

                           CHN150739

                           6.1.2016

                           CHN151131

                           15.1.2016

                           CHN160322

                           25.3.2016

                           CHN160337

                           24.3.2016

                           CHN160313

                           28.3.2016

               (43)

               Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, these invoices are declared invalid. The customs debt incurred at the time of acceptance of the declaration for release into free circulation should be recovered by the national customs authorities under Article 105(3) to (6) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (33) laying down the Union Customs Code, when the withdrawal of the undertaking in relation to the exporting producer enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.

               (44)

               In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, No 7 of Implementing Regulation (EU) No 1238/2013, Article (2)(1)(b) read in conjunction with Annex III, No 7 of Implementing Regulation (EU) 2017/367 and to Article 2(1)(b) read in conjunction with Annex 2, No 7 of Implementing Regulation (EU) No 1239/2013, Article 2(2)(b) read in conjunction with Annex 2, No 7 of Implementing Regulation (EU) 2017/366, imports are only exempted from duties if the invoice indicates the price and possible rebates for the product covered. Where those conditions are not complied with, duties are due, even where the commercial invoice accompanying the goods has not been invalidated by the Commission.

         F.   ASSESSMENT OF PRACTICABILITY OF THE OVERALL UNDERTAKING

               (45)

               The undertaking stipulates that a breach by an individual exporting producer does not automatically lead to the withdrawal of the acceptance of the undertaking for all exporting producers. In such a case, the Commission should assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (46)

               The Commission accordingly assessed the impact of the breaches by Chinaland on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (47)

               This case is similar to previous withdrawal cases. The Commission had already informed the CCCME on those occasions that should breaches of a similar pattern persist in the future, the Commission might re-assess the overall practicability of the undertaking (34). The Commission continues to reserve its right to do so.

         G.   WRITTEN SUBMISSIONS AND HEARINGS

               (48)

               Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation.

               (49)

               Chinaland submitted comments after the disclosure. It contested the relationship with the importer in the Union.

               (50)

               Chinaland further alleged that the importer in the Union was owned by another person than the exporting producer. Chinaland also alleged that the two officials (referred to in recital 38 above) were pursuing their personal interests without authorisation of Chinaland in referring to the affiliation between the importer and Chinaland. The Commission, however, considers that, in absence of evidence to the contrary, communications of the exporter's officials towards third parties made within their usual business activities are to be attributed to Chinaland. As Chinaland failed to disprove this presumption, the claim is therefore rejected.

               (51)

               Chinaland also contested the invalidation of invoices. It claimed that the Commission cannot impose duties/order customs to levy duties on imports released for free circulation before the date of the withdrawal of the acceptance of the undertaking if imports have not been registered. That claim is made by reference to Articles 8 and 13 of the basic anti-dumping and anti-subsidy Regulations. That understanding is, however, not correct. According to Article 8(10) of the basic anti-dumping Regulation and Article 13(10) of the basic anti-subsidy Regulation, a provisional duty may be imposed retroactively for a limited period where registration of imports occurred. Those provisions, however, address a different point in time during an anti-dumping or anti-subsidy investigation. The articles do not apply to the case at hand where the investigations were already completed in 2013 with the imposition of definitive anti-dumping and countervailing duties and the voluntary commitment, by some exporting producers of the product concerned, including Chinaland, for a price undertaking in lieu of the payment of those duties to remove the injury arising from their dumping practices. In any case, the retroactive invalidation of invoices and the related claim for the payment of outstanding duties is not effected under those provisions. The claim is, therefore, rejected.

               (52)

               Chinaland also claimed that the Commission could not impose duties retroactively without falling foul of the principle of non-retroactivity, having allegedly itself recognised in another case, that there would be no legal basis for such a retroactive withdrawal (35). Chinaland also cites a previous decision according to which it allegedly deserves like treatment (36). First, it should be noted that all Commission decisions withdrawing the acceptance of an undertaking are taken on a case-by-case basis. Decisions taken within these individual cases are, accordingly, limited and specific to the circumstances at hand, so that a like casting of reasoning therein on a different case cannot be done. In any case, Chinaland has advanced no arguments on how its case resembles that of the exporting producer concerned by Implementing Regulation (EU) 2015/866. Second, it is true that the activities of the European institutions are subject to the general principles of law, in particular those of legal certainty and non-retroactivity. However, the Commission recalls that settled case-law of the Court of Justice recognises that an economic operator cannot entertain a legitimate expectation that an ‘existing situation’ which is capable of being altered by decisions taken by the Union institutions within the limits of their discretion will be maintained (37). The principle of legitimate expectations does not protect situations in which no legitimate expectations existed, especially where the economic operator was warned from the outset about the consequences of breach of an undertaking through particular transactions. Against this background it becomes obvious that in scenarios where incorrect or incomplete undertaking invoices are presented, the ordinary anti-dumping/countervailing duty otherwise due for the exporting producer in question takes hold as if the latter had not presented an undertaking invoice and that the duties that were not paid as a cause of this presentation of undertaking invoices must become due as if no exemption thereof existed. Third, this type of invalidation of undertaking invoices and related exposure to the duties not paid is not a retroactive imposition of measures within the meaning of European Union law, nor does it fall within Articles 10(5) and 16(5) of the basic anti-dumping and anti-subsidy Regulations. The fact that Chinaland offers no definition of ‘retroactivity’ that would deviate from the established general principle of European Union law recalled by reference to case-law above underscores this. In light of the above reasons, the claims forwarded by Chinaland against the withdrawal of the acceptance of the undertaking are rejected.

         H.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

               (53)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission concluded that the acceptance of the undertaking for Chinaland should be withdrawn.

               (54)

               Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 and maintained by Article 1 of Implementing Regulation (EU) 2017/366 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Chinaland as of the day of entry into force of this Regulation.

               (55)

               The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate, on the basis of Article 4(3) of the Treaty, the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings.

               (56)

               For information purposes the table in the Annex II to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Acceptance of the undertaking in relation to the following company is hereby withdrawn:

               Name of the company

               TARIC additional code

               CHINALAND SOLAR ENERGY CO. LTD

               B808

         Article 2
   1.   The undertaking invoices listed in Annex I to this Regulation are declared invalid.
   2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 shall be collected.
   Article 3
   1.   Where customs authorities of the Member States have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by one of the companies from which the undertaking was initially accepted by Implementing Decision 2013/707/EU does not correspond to the price paid and that therefore those companies may have violated the undertaking, the customs authorities of the Member States may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price (‘MIP’) on the day when the undertaking invoice was issued.
   2.   Where that verification reveals that the price paid is lower than the MIP, the duties due as a consequence under Article 8(9) of Regulation (EU) 2016/1036 and Article 13(9) of Regulation (EU) 2016/1037 shall be collected.
   Where that verification reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.
   3.   The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 September 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 176, 30.6.2016, p. 55.

      (3)  OJ L 325, 5.12.2013, p. 1.

      (4)  OJ L 56, 3.3.2017, p. 131.

      (5)  OJ L 325, 5.12.2013, p. 66.

      (6)  OJ L 56, 3.3.2017, p. 1.

      (7)  OJ L 152, 5.6.2013, p. 5.

      (8)  OJ L 209, 3.8.2013, p. 26.

      (9)  OJ L 209, 3.8.2013, p. 1.

      (10)  OJ L 325, 5.12.2013, p. 214.

      (11)  OJ L 270, 11.9.2014, p. 6.

      (12)  OJ L 139, 5.6.2015, p. 30.

      (13)  OJ L 218, 19.8.2015, p. 1.

      (14)  OJ L 295, 12.11.2015, p. 23.

      (15)  OJ C 405, 5.12.2015, p. 8.

      (16)  OJ C 405, 5.12.2015, p. 20.

      (17)  OJ C 405, 5.12.2015, p. 33.

      (18)  OJ L 23, 29.1.2016, p. 47.

      (19)  OJ L 37, 12.2.2016, p. 76.

      (20)  OJ L 37, 12.2.2016, p. 56.

      (21)  OJ L 170, 29.6.2016, p. 5.

      (22)  OJ L 222, 17.8.2016, p. 10.

      (23)  OJ L 228, 23.8.2016, p. 16.

      (24)  OJ L 308, 16.11.2016, p. 8.

      (25)  OJ L 333, 8.12.2016, p. 4.

      (26)  OJ C 67, 3.3.2017, p. 16.

      (27)  OJ L 71, 16.3.2017, p. 5.

      (28)  OJ L 86, 31.3.2017, p. 14.

      (29)  OJ L 142, 2.6.2017, p. 43.

      (30)  OJ L 201, 2.8.2017, p. 3.

      (31)  OJ L 218, 24.8.2017, p. 10.

      (32)  OJ L 230, 6.9.2017, p. 11.

      (33)  OJ L 269, 10.10.2013, p. 1.

      (34)  Implementing Regulation (EU) 2016/1402, recital 37.

      (35)  Implementing Regulation (EU) 2015/1403, recitals 30 to 32.

      (36)  Implementing Regulation (EU) 2015/866, recitals 88 and 89.

      (37)  Judgment of 17 October 1996, Konservenfabrik Lubella v Hauptzollamt Cottbus, C-64/95, EU:1996:388, paragraph 31. See also, more recently, Judgment of 10 December 2015, SIA Veloserviss, Case C-427/14, EU:C:2015:803, at paragraph 39.

      ANNEX I
      List of undertaking invoices issued by CHINALAND SOLAR ENERGY CO. LTD which are declared invalid:

                  Number of commercial invoice accompanying goods subject to the undertaking

                  Date

                  CHN160765

                  8.10.2016

                  CHN160839

                  18.8.2016

                  CHN160759

                  18.8.2016

                  CHN160739

                  27.7.2016

                  CHN160608

                  25.7.2016

                  CHN160743

                  27.7.2016

                  CHN160815

                  18.8.2016

                  CHN160730

                  9.8.2016

                  CHN160760

                  18.8.2016

                  CHN160833-2

                  20.8.2016

                  CHN160648

                  9.8.2016

                  CHN160818

                  18.8.2016

                  CHN160828

                  22.8.2016

                  CHN160834

                  13.8.2016

                  CHN160755

                  13.8.2016

                  CHN160738

                  27.7.2016

                  CHN160737

                  9.8.2016

                  CHN160764

                  16.8.2016

                  CHN160803

                  27.9.2016

                  CHN160804

                  9.8.2016

                  CHN160719

                  22.7.2016

                  CHN160736

                  13.7.2016

                  CHN160631

                  6.7.2016

                  CHN160901

                  20.8.2016

                  CHN160731

                  9.8.2016

                  CHN160822

                  22.8.2016

                  CHN160718

                  13.7.2016

                  CHN160835

                  13.8.2016

                  CHN160314

                  7.4.2016

                  CHN160528

                  16.6.2016

                  CHN160628

                  25.6.2016

                  CHN160436

                  27.4.2016

                  CHN160632

                  29.6.2016

                  CHN160513

                  2.6.2016

                  CHN160622

                  12.6.2016

                  CHN160430

                  3.5.2016

                  CHN160405

                  7.4.2016

                  CHN160507-1

                  25.4.2016

                  CHN160505

                  29.4.2016

                  CHN160551

                  18.6.2016

                  CHN150739

                  6.1.2016

                  CHN151131

                  15.1.2016

                  CHN160322

                  25.3.2016

                  CHN160337

                  24.3.2016

                  CHN160313

                  28.3.2016

      ANNEX II
      List of companies:

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Anhui Chaoqun Power Co. Ltd

                  B800

                  Anji DaSol Solar Energy Science Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Anhui Titan PV Co. Ltd

                  B803

                  Xi'an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG'O SOLAR EQUIPMENT

                  B804

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Shangyou Lianyi Electronic Co. Ltd

                  B807

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
                  HUOSHAN KEBO ENERGY TECHNOLOGY CO. LTD

                  B812

                  CSG PVtech Co. Ltd

                  B814

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  EOPLLY New Energy Technology Co. Ltd
                  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
                  JIANGSU EOPLLY IMPORT EXPORT CO. LTD

                  B817

                  Zheijiang Era Solar Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun New Material Co. Ltd

                  B824

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD

                  B828

                  Himin Clean Energy Holdings Co. Ltd

                  B829

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd
                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi Risun Solar Energy Co. Ltd

                  B841

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  King-PV Technology Co. Ltd

                  B848

                  Kinve Solar Power Co. Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Jinshi Solar Electrical Science Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo South New Energy Technology Co. Ltd

                  B861

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science Technology Co. Ltd

                  B863

                  Perfectenergy (Shanghai) Co. Ltd

                  B864

                  Perlight Solar Co. Ltd

                  B865

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai Chaori Solar Energy Science Technology Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  Shanghai ST Solar Co. Ltd
                  Jiangsu ST Solar Co. Ltd

                  B876

                  Shenzhen Sacred Industry Co. Ltd

                  B878

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD
                  NINGBO SUN EARTH SOLAR POWER CO. LTD
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  TDG Holding Co. Ltd

                  B884

                  Tianwei New Energy Holdings Co. Ltd
                  Tianwei New Energy (Chengdu) PV Module Co. Ltd
                  Tianwei New Energy (Yangzhou) Co. Ltd

                  B885

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Shanghai Topsolar Green Energy Co. Ltd

                  B877

                  Shenzhen Sungold Solar Co. Ltd

                  B879

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Taichang Electronic Co. Ltd
                  China Machinery Engineering Wuxi Co.Ltd
                  Wuxi Taichen Machinery Equipment Co. Ltd

                  B893

                  Xi'an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation
                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Yuhuan Sinosola Science Technology Co. Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Heda Solar Technology Co. Ltd

                  B905

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Koly Energy Co. Ltd

                  B908

                  Zhejiang Mega Solar Energy Co. Ltd
                  Zhejiang Fortune Photovoltaic Co. Ltd

                  B910

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Shinew Photoelectronic Technology Co. Ltd

                  B912

                  Zhejiang Sunflower Light Energy Science Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science Technology Co. Ltd

                  B914

                  Zhejiang Sunrupu New Energy Co. Ltd

                  B915

                  Zhejiang Tianming Solar Technology Co. Ltd

                  B916

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Wanxiang Solar Co. Ltd
                  WANXIANG IMPORT EXPORT CO LTD

                  B918

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920


title: Commission Implementing Regulation (EU) No 319/2013 of 8 April 2013 derogating, for the marketing year 2012/13, from Article 63(2)(a) of Council Regulation (EC) No 1234/2007 as regards the dates for communicating the carry forward of surplus sugar

text:
               9.4.2013

               EN

               Official Journal of the European Union

               L 99/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 319/2013
   of 8 April 2013
   derogating, for the marketing year 2012/13, from Article 63(2)(a) of Council Regulation (EC) No 1234/2007 as regards the dates for communicating the carry forward of surplus sugar
   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 point (c) of Article 85 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               According to Article 63(2)(a) of Regulation (EC) No 1234/2007, undertakings which decide to carry forward all or part of their production in excess of quota have to inform Member States concerned about the decision. That information has to be submitted before a date to be determined by each Member State, within the time limits provided for by that Article.

               (2)

               In order to facilitate the supply of the out-of-quota sugar on the Union market, thereby allowing undertakings to respond to unforeseen changes in demand in the early months of the marketing year 2012/13, it is necessary to give Member States the possibility to determine dates within larger time limits than those provided for in Article 63(2)(a) of Regulation (EC) No 1234/2007.

               (3)

               It is therefore appropriate to derogate from Article 63(2)(a) of Regulation (EC) No 1234/2007 in respect to the marketing year 2012/13.

               (4)

               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
   By way of derogation from Article 63(2)(a) of Regulation (EC) No 1234/2007, for the marketing year 2012/13, the undertakings which, in accordance with Article 63(1) of that Regulation, have decided to carry forward quantities of surplus sugar, shall inform the Member State concerned before a date to be determined by Member States between 1 February and 15 August 2013.
   Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply until 30 September 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

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


title: Commission Implementing Regulation (EU) No 315/2013 of 5 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               6.4.2013

               EN

               Official Journal of the European Union

               L 97/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 315/2013
   of 5 April 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 April 2013.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 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

                  62,6

                  TN

                  98,5

                  TR

                  120,4

                  ZZ

                  93,8

                  0707 00 05

                  JO

                  194,1

                  MA

                  116,3

                  TR

                  139,8

                  ZZ

                  150,1

                  0709 93 10

                  MA

                  91,2

                  TR

                  108,1

                  ZZ

                  99,7

                  0805 10 20

                  EG

                  55,9

                  IL

                  68,8

                  MA

                  80,6

                  TN

                  68,6

                  TR

                  70,4

                  ZZ

                  68,9

                  0805 50 10

                  TR

                  85,5

                  ZZ

                  85,5

                  0808 10 80

                  AR

                  110,2

                  BR

                  91,6

                  CL

                  117,3

                  CN

                  75,0

                  MK

                  29,3

                  US

                  204,6

                  UY

                  106,8

                  ZA

                  108,6

                  ZZ

                  105,4

                  0808 30 90

                  AR

                  115,3

                  CL

                  139,6

                  CN

                  80,4

                  TR

                  204,5

                  US

                  158,2

                  ZA

                  125,9

                  ZZ

                  137,3

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


title: Council Implementing Regulation (EU) No 502/2011 of 23 May 2011 implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

text:
               24.5.2011

               EN

               Official Journal of the European Union

               L 136/24

         COUNCIL IMPLEMENTING REGULATION (EU) No 502/2011
   of 23 May 2011
   implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) thereof,
   Whereas:

               (1)

               On 2 March 2011, the Council adopted Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.

               (2)

               In view of the gravity of the situation in Libya and in accordance with Council Implementing Decision 2011/300/CFSP of 23 May 2011 implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (2), an additional person and an additional entity should be included in the list of persons and entities subject to restrictive measures set out in Annex III to Regulation (EU) No 204/2011,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The person and the entity listed in the Annex to this Regulation shall be added to the list set out in Annex III to Regulation (EU) No 204/2011.
   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, 23 May 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 58, 3.3.2011, p. 1.

      (2)  See page 85 of this Official Journal.

      ANNEX

         PERSON AND ENTITY REFERRED TO IN ARTICLE 1

         Persons

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Colonel Taher Juwadi

                  Fourth in Revolutionary Guard chain of command

                  Key Member of the Qadhafi regime.

                  23.05.2011

         Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Afriqiyah Airways

                              Afriqiyah Airways

                              1st Floor

                              Waha Building

                              273, Omar Almokhtar Street

                              P.O.Box 83428

                              Tripoli, Libya

                              email address: afriqiyah@afriqiyah.aero

                  Libyan subsidiary of/owned by the Libyan African Investment Portfolio, an entity owned and controlled by the regime and designated by the EU regulation.

                  23.05.2011


title: Commission Implementing Regulation (EU) 2017/456 of 15 March 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.3.2017

               EN

               Official Journal of the European Union

               L 71/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/456
   of 15 March 2017
   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, 15 March 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  EG

                  184,2

                  MA

                  96,4

                  SN

                  196,7

                  TN

                  182,1

                  TR

                  84,7

                  ZZ

                  148,8

                  0707 00 05

                  TR

                  181,1

                  ZZ

                  181,1

                  0709 93 10

                  MA

                  45,7

                  TR

                  149,7

                  ZZ

                  97,7

                  0805 10 22 , 0805 10 24 , 0805 10 28

                  EG

                  44,2

                  IL

                  80,2

                  MA

                  51,7

                  TN

                  49,0

                  TR

                  72,8

                  ZZ

                  59,6

                  0805 50 10

                  EG

                  68,9

                  TR

                  70,0

                  ZZ

                  69,5

                  0808 10 80

                  CL

                  122,2

                  CN

                  154,7

                  US

                  105,5

                  ZZ

                  127,5

                  0808 30 90

                  AR

                  126,5

                  CL

                  126,5

                  CN

                  84,3

                  TR

                  148,9

                  ZA

                  118,6

                  ZZ

                  121,0

         (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 862/2014 of 7 August 2014 amending Implementing Regulation (EU) No 496/2011 as regards the name of the holder of the authorisation of the feed additive sodium benzoate  Text with EEA relevance

text:
               8.8.2014

               EN

               Official Journal of the European Union

               L 235/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 862/2014
   of 7 August 2014
   amending Implementing Regulation (EU) No 496/2011 as regards the name of the holder of the authorisation of the feed additive sodium benzoate
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) and in particular Article 13(3) thereof,
   Whereas:

               (1)

               Taminco BVBA has submitted an application in accordance with Article 13(3) of Regulation (EC) No 1831/2003 proposing to change the name of the holder of the authorisation as set out in Commission Implementing Regulation (EU) No 496/2011 (2).

               (2)

               The applicant claims that, with effect from 6 March 2014, it has acquired the feed additive business from Kemira Oyj, and that it now owns the marketing rights for the feed additive sodium benzoate. The applicant has submitted documents supporting its allegations.

               (3)

               The proposed change of the terms of the authorisation is purely administrative in nature and does not entail a fresh assessment of the additive concerned. The European Food Safety Authority was informed of the application.

               (4)

               In order to allow the applicant to exploit its marketing rights under the name of Taminco Finland Oy, it is necessary to change the terms of the authorisations.

               (5)

               Regulation (EU) No 496/2011 should therefore be amended accordingly.

               (6)

               Since the modification to the conditions of authorisation is not related to safety reasons, it is appropriate to provide for a transitional period during which existing stocks may be used up.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Implementing Regulation (EU) No 496/2011
   In the second column of the Annex, the words ‘Kemira Oyj’ are replaced by ‘Taminco Finland Oy’.
   Article 2
   Transitional measures
   Existing stocks of the additive which have been produced and labelled before 28 August 2014 in accordance with the rules applicable before 28 August 2014 may continue to be placed on the market and used until they are exhausted.
   Article 3
   Entry into force
   This Regulation shall enter into force on the 20th 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 August 2014.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Commission Implementing Regulation (EU) No 496/2011 of 20 May 2011 concerning the authorisation of sodium benzoate as a feed additive for weaned piglets (holder of the authorisation Kemira Oyj) (OJ L 134, 21.5.2011, p. 9).


title: Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

text:
               11.10.2011

               EN

               Official Journal of the European Union

               L 265/8

         COUNCIL IMPLEMENTING REGULATION (EU) No 1000/2011
   of 10 October 2011
   implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus (1), and in particular Article 8a(1) thereof,
   Whereas:

               (1)

               On 18 May 2006, the Council adopted Regulation (EC) No 765/2006.

               (2)

               In view of the gravity of the situation in Belarus, additional persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex IA to Regulation (EC) No 765/2006.

               (3)

               Furthermore, the information relating to certain persons and to an entity on the list in Annex IA to that Regulation should be updated,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The persons listed in Annex I to this Regulation shall be added to the list set out in Annex IA to Regulation (EC) No 765/2006.
   Article 2
   In Annex IA to Regulation (EC) No 765/2006, the entries for the following persons and entity shall be replaced by the respective entries set out in Annex II to this Regulation:

               (1)

               Mazouka Siarhei

               (2)

               Bazanau, Aliaksandr Viktaravich

               (3)

               Peftiev Vladimir

               (4)

               Ipatau, Vadzim Dzmitryevich

               (5)

               Bushnaia, Natallia Uladzimirauna

               (6)

               Bushchyk, Vasil Vasilievich

               (7)

               Katsuba, Sviatlana Piatrouna

               (8)

               Kisialiova, Nadzeia Mikalaeuna

               (9)

               Padaliak, Eduard Vasilievich

               (10)

               Rakhmanava, Maryna Iurievna

               (11)

               Shchurok, Ivan Antonavich

               (12)

               Sport-Pari

               (13)

               Shadryna, Hanna Stanislavauna.

         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 Luxembourg, 10 October 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 134, 20.5.2006, p. 1.

      ANNEX I

         Persons referred to in Article 1

                  Names
                  Transcription of Belarusian spelling
                  Transcription of Russian spelling

                  Names
                  (Belarusian spelling)

                  Names
                  (Russian spelling)

                  Place and date of birth

                  Position

                  1.

                  Kamisarau, Valery Mikalayevich
                  Komissarov, Valeri Nikolaevich

                  Камiсараў Валерый Мiкалаевiч

                  Комиссаров Валерий Николаевич

                  Judge of the City Court of Minsk. He dismissed (as chief judge) the appeals against the sentences of political and civil society activists Dmitri Dashkevich, Eduard Lobov, Aleksandr Otroshchenkov, Dmitri Novik, Aleksandr Molchanov. These trials were a clear violation of the Code of Penal Procedure.

                  2.

                  Stsiapurka, Uladzimir Mikhailavich
                  Stepurko, Vladimir Mikhailovich

                  Сцяпурка Уладзiмiр Мiхайлавiч

                  Степурко Владимир Михайлович

                  Judge of the City Court of Minsk. He dismissed (as chief judge) the appeals against the sentences of political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets, Dmitri Bondarenko, Dmitri Doronin, Sergei Kazakov, Vladimir Loban, Vitali Matsukevich, Evgeni Sekret and Oleg Fedorkevich. These trials were a clear violation of the Code of Penal Procedure.

                  3.

                  Khrypach, Siarhei Fiodaravich
                  Khripach, Sergei Fiodorovich

                  Хрыпач Сяргей Фёдаравiч

                  Хрипач Сергей Федорович

                  Judge of the City Court of Minsk. He dismissed (as chief judge) the appeals against the sentences of ex presidential candidates Andrei Sannikov, Nikolai Statkevich, Dmitri Uss, Vladimir Nekliaev, political and civil society activists Andrei Dmitriev, Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik, Vladimir Yeriomenok, Andrei Pozniak, Aleksandr Klaskovski, Aleksandr Kviatkevich, Artiom Gribkov, Dmitri Bulanov and (as associate judge) Dmitri Dashkevich, Eduard Lobov, Aleksandr Otroshchenkov, Dmitri Novik, Aleksandr Molchanov. These trials were a clear violation of the Code of Penal Procedure.

                  4.

                  Nazaranka, Vasil Andreyevich
                  Nazarenko, Vasili Andreevich

                  Назаранка Васiль Андрэевiч

                  Назаренко Василий Андреевич

                  Judge of the City Court of Minsk. He dismissed (as chief judge) the appeals against the sentences of political and civil society activists Vasili Parfenkov and (as associate judge) Dmitri Dashkevich, Eduard Lobov. These trials were a clear violation of the Code of Penal Procedure.

                  5.

                  Kamarouskaya, Volha Paulauna
                  Komarovskaia, Olga Pavlovna

                  Камароўская Вольга Паўлаўна

                  Комаровская Ольга Павловна

                  Judge of the City Court of Minsk. She dismissed (as associate judge) the appeals against the sentences of ex presidential candidate Andrei Sannikov, political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets, Aleksandr Otroshchenkov, Dmitri Novik, Aleksandr Molchanov, Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik, Vladimir Yeriomenok, Dmitri Doronin, Sergei Kazakov, Vladimir Loban, Vitali Matsukevich, Evgeni Sekret and Oleg Fedorkevich. These trials were a clear violation of the Code of Penal Procedure.

                  6.

                  Zaitsava, Viktoryia Henadzeuna
                  Zaitseva, Viktoria Gennadievna

                  Зайцава Вiкторыя Генадзеўна

                  Зайцева Виктория Геннадьевна

                  Judge of the City Court of Minsk. She dismissed (as associate judge) the appeals against the sentences of ex presidential candidate Andrei Sannikov, political and civil society activists Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik amd Vladimir Yeriomenok. The trial was a clear violation of the Code of Penal Procedure.

                  7.

                  Unukevich, Tamara Vasileuna
                  Vnukevich, Tamara Vasilievna

                  Унукевiч Тамара Васiлеўна

                  Внукевич Тамара Васильевна

                  Judge of the City Court of Minsk. She dismissed (as associate judge) the appeals against the sentences of political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets. The trial was a clear violation of the Code of Penal Procedure.

                  8.

                  Krot, Ihar Uladzimiravich
                  Krot, Igor Vladimirovich

                  Крот Iгар Уладзiмiравiч

                  Крот Игорь Владимирович

                  Judge of the City Court of Minsk. He dismissed (as associate judge) the appeal against the sentence of the political activist Vasili Parfenkov. The trial was a clear violation of the Code of Penal Procedure.

                  9.

                  Khrobastau, Uladzimir Ivanavich
                  Khrobostov, Vladimir Ivanovich

                  Хробастаў Уладзiмiр Iванавiч

                  Хробостов Владимир Иванович

                  Judge of the City Court of Minsk. He dismissed (as associate judge) the appeal against the sentence of the political activist Vasili Parfenkov. The trial was a clear violation of the Code of Penal Procedure.

                  10.

                  Ihnatovich-Mishneva, Liudmila
                  Ignatovich-Mishneva, Liudmila

                  Iгнатовiч-Мiшнева Людмiла

                  Игнатович-Мишнева Людмила

                  Prosecutor of the City Court of Minsk dealing with the dismissal of the appeal against the sentence of Dmitri Dashkevich and Eduard Lobov, activists of the Molodoi Front (Young Front). The trial was a clear violation of the Code of Penal Procedure.

                  11.

                  Yarmalitski, Siarhei Uladzimiravich
                  Ermolitski, Sergei Vladimirovich
                  (Yermolitski, Sergei Vladimirovich)

                  Ярмалiцкi Сяргей Уладзiмiравiч

                  Ермолицкий Сергей Владимирович

                  Director of the prison camp in Shklov. He is responsible for the inhuman treatment of the detainees and persecution of ex presidential candidate Nikolai Statkevich, who was imprisoned in relation to the 19 December 2010 events, and other inmates.

                  12.

                  Kavaliou, Aliaksandr Mikhailavich
                  Kovalev, Aleksandr Mikhailovich

                  Кавалёў Аляксандр Мiхайлавiч

                  Ковалёв Александр Михайлович

                  Director of the prison camp in Gorki. He is responsible for the inhuman treatment of the detainees, especially for persecution and torturous treatment of civil society activist Dmitri Dashkevich, who was imprisoned in relation to the 19 December 2010 elections and the crackdown on civil society and democratic opposition..

                  13.

                  Paluyan, Uladzimir Mikalayevich
                  Paluyan, Vladimir Nikolaevich

                  Палуян Уладзiмiр Мiкалаевiч

                  Полуян Владимир Николаевич

                  Village Nekrashevichi of Karelichi district of Hrodna region 1961

                  Minister of Taxes and Duties. Supervises tax authorities that support the criminal case against Byalyatski using the pretext of tax evasion. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

                  14.

                  Kornau, Uladzimir Uladzimiravich
                  Kornov, Vladimir Vladimirovich

                  Корнаў Уладзiмiр Уладзiмiравiч

                  Корнов Владимир Владимирович

                  Judge at the City Court of Minsk who authorised the rejection of Byalyatski's lawyers's appeal. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

                  15.

                  Shastakou Maksim Aleksandrauvich
                  (Shastakou Maksim Aleksandravich, Shastakou Maxim Aleksandrauvich, Shastakou Maxim Aleksandravich, Shastakou Maxsim Aleksandrauvich, Shastakou Maxsim Aleksandrauvich)
                  Shestakov, Maksim Aleksandrovich

                  Шастакоў Максiм Александравiч

                  Шестаков Максим Александрович

                  Prosecutor who presented the case against Byalyatski in the Pervomaiski District Court of Minsk after Byalyatski's application to the court regarding his detention. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

                  16.

                  Herasimovich Volha Ivanavna
                  (Herasimovich Volha Ivanovna)
                  Gerasimovich Olga Ivanovna

                  Герасiмовiч Вольга Иванаўна
                  (Герасiмовiч Вольга Иваноўна)

                  Герасимович Ольга Ивановна

                  Prosecutor who presented the case against Byalyatski in the City Court of Minsk after Byalyatski's application to the court regarding his detention. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

      ANNEX II

         Persons and entity referred to in Article 2

                  Names
                  Transcription of Belarusian spelling
                  Transcription of Russian spelling

                  Name in Belarusian

                  Name in Russian

                  Place and date of birth

                  Position

                  1.

                  Mazouka, Kiryl Viktaravich
                  Mazovka, Kirill Viktorovich

                  Мазоўка Кiрыл Вiктаравiч

                  Мазовка Кирилл Викторович

                  Prosecutor of the Dashkevich-Lobov case. Dmitri Dashkevich and Eduard Lobov, activists of the Molodoi Front (Young Front), were sentenced to several years of imprisonment for ‘hooliganism’. The real reason for their imprisonment was that they both actively participated in the electoral campaign in December 2010 supporting one of the candidates of the opposition.

                  2.

                  Bazanau, Aliaksandr Viktaravich
                  Bazanov, Aleksandr Viktorovich

                  Базанаў Аляскандр Вiктаравiч

                  Базанов Александр Викторович

                  Kazakhstan, 26.11.1962

                  Director, Information and Analytical Center of the President.

                  3.

                  Peftiev Vladimir
                  Peftiev Vladimir Pavlovich

                  Пефцiеў Уладзiмiр Паўлавiч

                  Пефтиев Владимир Павлович

                  1 July 1957, Berdyansk, Zaporozhskaya Oblast, Ukraine; Present passport No.: MP2405942

                  Person associated with Aliaksandr Lukashenka, Viktar Lukashenka and Dzmitry Lukashenka. Provides economic advice to President Lukashenka and is a key financial sponsor of the Lukashenka regime. Majority shareholder and Chairman of the Council of Shareholders of Beltechexport, one of the largest export/import companies of defence products in Belarus.

                  4.

                  Ipatau, Vadzim Dzmitryevich
                  Ipatov, Vadim Dmitrievich

                  Iпатаў Вадзiм Дзмiтрыевiч

                  Ипатов Вадим Дмитриевич

                  Deputy Chairperson, Central Electoral Commission (CEC). As a Member of the Central Electoral Commission, he bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  5.

                  Bushnaia, Natallia Uladzimirauna (Bushnaya, Natallia Uladzimirauna)
                  Bushnaia, Natalia Vladimirovna (Bushnaya, Natalya Vladimirovna)

                  Бушная Наталля Уладзiмiраўна

                  Бушная, Наталья Владимировна

                  1953, Mogilev

                  CEC Member. As a Member of the Central Electoral Commission, she bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  6.

                  Bushchyk, Vasil Vasilievich
                  Bushchik, Vasili Vasilievich

                  Бушчык Васiль Васiльевiч

                  Бущик, Василий Васильевич

                  CEC Member. As a Member of the Central Electoral Commission, he bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  7.

                  Katsuba, Sviatlana Piatrouna
                  Katsubo, Svetlana Petrovna

                  Кацуба Святлана Пятроўна

                  Кацубо, Светлана Петровна

                  CEC Member. As a Member of the Central Electoral Commission, she bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  8.

                  Kisialiova, Nadzeia Mikalaeuna (Kisyaliova, Nadzeya Mikalaeuna)
                  Kiseleva, Nadezhda Nikolaevna

                  Кiсялёва Надзея Мiкалаеўна

                  Киселева, Надежда Николаевна

                  CEC Member. As a Member of the Central Electoral Commission, she bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  9.

                  Padaliak, Eduard Vasilievich (Padalyak, Eduard Vasilyevich)
                  Podoliak, Eduard Vasilievich (Podolyak, Eduard Vasilyevich)

                  Падаляк Эдуард Васiльевiч

                  Подоляк, Эдуард Васильевич

                  CEC Member. As a Member of the Central Electoral Commission, he bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  10.

                  Rakhmanava, Maryna Iurievna
                  Rakhmanova, Marina Iurievna

                  Рахманава Марына Юр’еўна

                  Рахманова, Марина Юрьевна

                  CEC Member. As a Member of the Central Electoral Commission, she bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  11.

                  Shchurok, Ivan Antonavich
                  Shchurok, Ivan Antonovich

                  Шчурок Iван Антонавiч

                  Щурок, Иван Антонович

                  CEC Member. As a Member of the Central Electoral Commission, he bears shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

                  12.

                  Sport-Pari

                  ‘ЗАО Спорт-пари’ (оператор республиканской лотереи)

                  Entity controlled by Mr Peftiev Vladimir in conjunction with Lukashenka, Dzmitry Aliaksandravich, through the latter’s control of the President’s Sports Club, which holds a mandatory, state-owned majority share in Sport-Pari.

                  13.

                  Shadryna, Hanna Stanislavauna
                  Shadrina, Anna Stanislavovna

                  Шадрына Ганна Станiславаўна

                  Шадрина Анна Станиславовна

                  Former Deputy Editor-in-Chief of the paper ‘Sovietskaia Belarus’.


title: Commission Implementing Regulation (EU) 2016/190 of 12 February 2016 amending Implementing Regulation (EU) 2015/1164 fixing the quantitative limit for the exports of out-of-quota sugar until the end of the 2015/2016 marketing year and amending Implementing Regulation (EU) 2015/1803

text:
               13.2.2016

               EN

               Official Journal of the European Union

               L 38/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/190
   of 12 February 2016
   amending Implementing Regulation (EU) 2015/1164 fixing the quantitative limit for the exports of out-of-quota sugar until the end of the 2015/2016 marketing year and amending Implementing Regulation (EU) 2015/1803
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 139(2) and point (g) of the first paragraph of Article 144 thereof,
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 7e in conjunction with Article 9(1) thereof,
   Whereas:

               (1)

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

               (2)

               Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences, are laid down by Regulation (EC) No 951/2006.

               (3)

               For the 2015/2016 marketing year it was initially estimated that fixing the quantitative limit at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports would correspond to the market demand. Such a limit was set by Commission Implementing Regulation (EU) 2015/1164 (3). However, according to most recent estimates, the production of out-of-quota sugar is expected to reach 4 150 000 tonnes. Additional market outlets for out-of-quota sugar should therefore be ensured.

               (4)

               Taking into account that the WTO ceiling for exports in the 2015/2016 marketing year has not been fully used, it is appropriate to increase the export quantitative limit of out-of-quota sugar by 700 000 tonnes, so as to provide additional business opportunities for the Union producers of sugar.

               (5)

               Implementing Regulation (EU) 2015/1164 should be amended accordingly.

               (6)

               To allow the lodging of applications for export licences concerning the additional quantity of out-of-quota sugar, the suspension of the lodging of applications provided for in Article 1(3) of Commission Implementing Regulation (EU) 2015/1803 (4) should be abolished.

               (7)

               Implementing Regulation (EU) 2015/1803 should be amended accordingly.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Article 1 of Implementing Regulation (EU) 2015/1164, paragraph 1 is replaced by the following:

      ‘1.   For the 2015/2016 marketing year, the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 1 350 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.’

   Article 2
   In Article 1 of Implementing Regulation (EU) 2015/1803, paragraph 3 is deleted.
   Article 3
   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, 12 February 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  Commission Implementing Regulation (EU) 2015/1164 of 15 July 2015 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2015/2016 marketing year (OJ L 188, 16.7.2015, p. 28).

      (4)  Commission Implementing Regulation (EU) 2015/1803 of 7 October 2015 fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar (OJ L 263, 8.10.2015, p. 31).