10.3.2011   

EN

Official Journal of the European Union

L 63/1

10.3.2011   

EN

Official Journal of the European Union

L 63/2

(1)

In 2009, negotiations were concluded for an Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway concerning special provisions applicable for the period 2009-14 to imports into the Union of certain fish and fishery products, hereinafter ‘the Additional Protocol’.

(2)

The signing, on behalf of the European Union, and the provisional application of the Additional Protocol has been authorised by Council Decision 2010/674/EU of 26 July 2010 on the signing and provisional application of an Agreement between the European Union, Iceland, Liechtenstein and Norway on an EEA Financial Mechanism for the period 2009-2014, an Agreement between the European Union and Norway on a Norwegian Financial Mechanism 2009-2014, an Additional Protocol to the Agreement between the European Economic Community and Iceland concerning special provisions applicable to imports into the European Union of certain fish and fishery products for the period 2009-2014 and an Additional Protocol to the Agreement between the European Economic Community and Norway concerning special provisions applicable to imports into the European Union of certain fish and fishery products for the period 2009-2014 (2).

(3)

The Additional Protocol provides for new annual duty free tariff quotas at import into the Union of certain fish and fishery products originating in Norway.

(4)

In accordance with the Additional Protocol, the duty free tariff quotas levels that should have been opened for Norway as from 1 May 2009 until 1 March 2011 shall be divided in equal parts and allocated on a yearly basis for the remaining part of the period of application of this Protocol.

(5)

In order to implement the new tariff quotas provided for in the Additional Protocol, it is necessary to amend Regulation (EC) No 992/95.

(6)

It is necessary to replace the current reference in Regulation (EC) No 992/95 to free-at-frontier prices by a reference to the declared customs value in accordance with Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (3), and to provide that in order to qualify for the preferences laid down in the Additional Protocol, that value must at least be equal to any reference price fixed or to be fixed in accordance with the same Regulation.

(7)

Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway defining the concept of originating products and setting out the arrangements for administrative cooperation was amended by Decision No 1/2005 of the EC-Norway Joint Committee of 20 December 2005 (4). It is therefore necessary to provide explicitly that Protocol 3 as amended in 2005 is to apply.

(8)

For reasons of clarity and to take account of the amendments to the Combined Nomenclature codes, laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (5), and of the Taric-subdivisions, it is appropriate to replace Annexes I and II to Regulation (EC) No 992/95.

(9)

For reasons of clarity and to take account of the fact that several tariff quotas cover the same products for the same period, it is appropriate to merge them.

(10)

Regulation (EC) No 992/95 should therefore be amended accordingly.

(11)

In accordance with Decision 2010/674/EU the new tariff quotas must apply from 1 March 2011. This Regulation should therefore apply from the same date.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

1.

Article 1 is replaced by the following:

‘Article 1

1.   When products originating in Norway listed in the Annex are put into free circulation in the European Union, they shall be eligible for exemption from customs duties within the limits of the tariff quotas, during the periods and in accordance with the provisions set out in this Regulation.

2.   Imports of the fish and fishery products listed in the Annex shall qualify for the tariff quotas mentioned in paragraph 1 only if the declared customs value is at least equal to the reference price fixed, or to be fixed, in accordance with Article 29 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (6).

3.   The provisions of Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway defining the concept of originating products and setting out the arrangements for administrative cooperation, as last amended by Decision No 1/2005 of the EC-Norway Joint Committee of 20 December 2005 (7), shall apply.

4.   The benefit of the tariff quotas with order numbers 09.0710 and 09.0712 shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June. Furthermore, the benefit of the tariff quota with order number 09.0714 shall not be granted to goods with CN code 0304 99 23 declared for release for free circulation during the period 15 February to 15 June.

2.

Article 3, second paragraph, is replaced by the following:

‘However, Article 308c(2) and (3) of Regulation (EEC) No 2454/93 shall not apply to the tariff quotas with order numbers 09.0702, 09.0710, 09.0712, 09.0713, 09.0714, 09.0749 and 09.0750.’;

3.

Annexes I and II are replaced by the text set out in the Annex to this Regulation.

10.3.2011   

EN

Official Journal of the European Union

L 63/13

10.3.2011   

EN

Official Journal of the European Union

L 63/15

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 227/2011 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

10.3.2011   

EN

Official Journal of the European Union

L 63/17

(1)

Annex XX to the Agreement on the European Economic Area (hereinafter ‘the EEA Agreement’) contains specific provisions and arrangements concerning environment.

(2)

It is appropriate to incorporate Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (2), into the EEA Agreement.

(3)

Annex XX to the EEA Agreement should therefore be amended accordingly,

10.3.2011   

EN

Official Journal of the European Union

L 63/21

(1)

On 15 February 2010, the European Commission (‘Commission’) received a complaint concerning the alleged injurious dumping of certain stainless steel bars originating in India.

(2)

The complaint was lodged by the European Federation of Iron and Steel Industries (‘Eurofer’) on behalf of producers representing a major proportion, in this case more than 25 % of total Union production of certain stainless steel bars pursuant to Articles 4(1) and 5(4) of the basic Regulation.

(3)

The complaint contained prima facie evidence of the existence of dumping, and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

(4)

The Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Union  (2), accordingly initiated an anti-dumping proceeding concerning imports into the Union of certain stainless steel bars originating in India, currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89.

(5)

On the same day, the Commission initiated an anti-subsidy proceeding concerning imports into the Union of certain stainless steel bars originating in India (3).

(6)

The Commission sent questionnaires to the Union industry and to any known association of producers in the Union, to the exporters/producers in the country concerned, to any association of exporters/producers, to the importers, to any known association of importers, and to the authorities of the country concerned. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

(7)

By its letter of 23 November 2010 to the Commission, Eurofer formally withdrew its complaint regarding the anti-dumping proceeding.

(8)

In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

(9)

The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Union interest.

(10)

The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of certain stainless steel bars originating in India should be terminated,

10.3.2011   

EN

Official Journal of the European Union

L 63/22

(1)

Decision 2009/965/EC of 30 November 2009 on the reference document referred to in Article 27(4) of Directive 2008/57/EC (2) set out in its Annex the list of parameters to be used for classifying national rules in the reference document referred to in Article 27 of Directive 2008/57/EC.

(2)

It is important that national rules to be covered by the reference document are clearly defined so as to determine to which extent they can be declared as equivalent thus maximising the number of rules belonging to group A in accordance with Section 2 of Annex VII to Directive 2008/57/EC.

(3)

Member States are responsible for the update of their national rules. Updates of national rules may affect rules’ classification in respect of other Member States’ rules for a specific parameter set out in Section 1 of Annex VII to Directive 2008/57/EC.

(4)

It is necessary that the database cross-referencing national rules and classifying their equivalence is kept up-to-date.

(5)

The European Railway Agency (‘the Agency’) should, in respect of each Member State, be responsible for the compilation, publication and maintenance of a list of national vehicle authorisation rules that references the national rule for each parameter and the classification of other Member States rules for this parameter. These lists should form a part of the reference document.

(6)

Consistency between the rules listed in the reference document and the rules notified pursuant to Article 17 of Directive 2008/57/EC should be ensured by Member States. To this end Member States should have a sufficient time for updating the reference document or for notifying/amend/withdraw rules under the procedure of Article 17. Until both sets of rules are aligned and a single data entry for national rules is available, National Safety Authorities (NSAs) may use the rules listed in the reference document for the purpose of granting authorisations for placing vehicles in service, in the case of any discrepancy between the two set of rules.

(7)

Moreover, as regards the notification of national safety rules in accordance with Article 8 of Directive 2004/49/EC of the European Parliament and of the Council (3), they are not relevant for the reference document. Indeed, Directive 2008/110/EC of the European Parliament and of the Council (4) amended that Directive so as to remove from Annex II to Directive 2004/49/EC the national safety rules related to requirements for the authorisation of placing in service and maintenance of vehicles.

(8)

When compiling national reference documents, NSAs should determine priorities according to the objectives of Directive 2008/57/EC, taking account of the resources available within the NSAs after discussion in the relevant working parties.

(9)

In accordance with Article 27(4) of Directive 2008/57/EC the Commission should be allowed at any time to adopt a measure addressed to the Agency with a view to modifying the reference document.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 29(1) of Directive 2008/57/EC,

(a)

‘rule’ shall mean a requirement applicable in a Member State and to be complied with by the applicant for the authorisation of placing in service of vehicles, where the requirement is related to:

(b)

‘classification’ means the attribution given by one Member State to another Member State’s national rule covering a particular parameter according to one of the three groups A, B or C, which are defined in Section 2 of Annex VII to Directive 2008/57/EC.

(a)

a reference to the relevant national rules applied in that Member State for authorising placing vehicles in service or a statement that there is no requirement in respect of this parameter;

(b)

the classification, in accordance with Section 2 of Annex VII to Directive 2008/57/EC, of the rules applied in other Member States.

(a)

supply the Agency with references to national rules for each parameter and their classification;

(b)

advise the Agency of changes to the rules at the time of publication of the change of rule;

(c)

nominate a person or a department which will be responsible for the supply of this information to the Agency;

(d)

conduct an active exchange of views and experiences with other NSAs in order to be able to classify the rules in accordance with Article 3(1)(b). NSAs shall cooperate with a view to eliminating unnecessary requirements and redundant verifications.

10.3.2011   

EN

Official Journal of the European Union

L 63/26

10.3.2011   

EN

Official Journal of the European Union

L 63/28