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Document L:2022:170:FULL

Official Journal of the European Union, L 170, 28 June 2022


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 170

European flag  

English edition

Legislation

Volume 65
28 June 2022


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Regulation (EU) 2022/1008 of 17 June 2022 amending Regulation (EU) 2021/2278 suspending the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 on certain agricultural and industrial products

1

 

*

Council Implementing Regulation (EU) 2022/1009 of 27 June 2022 implementing Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

15

 

*

Council Implementing Regulation (EU) 2022/1010 of 27 June 2022 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

17

 

*

Commission Delegated Regulation (EU) 2022/1011 of 10 March 2022 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards specifying how to determine the indirect exposures to a client arising from derivatives and credit derivatives contracts where the contract was not directly entered into with the client but the underlying debt or equity instrument was issued by that client ( 1 )

22

 

*

Commission Delegated Regulation (EU) 2022/1012 of 7 April 2022 supplementing Regulation (EC) No 561/2006 of the European Parliament and of the Council with regard to the establishment of standards detailing the level of service and security of safe and secure parking areas and to the procedures for their certification

27

 

*

Commission Implementing Regulation (EU) 2022/1013 of 27 June 2022 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and as extended to Vietnam and Lao People’s Democratic Republic following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

38

 

 

DECISIONS

 

*

Council Decision (EU) 2022/1014 of 17 June 2022 on the position to be taken on behalf of the Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of that Agreement may be supplied by Member States to the United Kingdom

68

 

*

Council Decision (EU) 2022/1015 of 21 June 2022 appointing an alternate member, proposed by the Czech Republic, of the Committee of the Regions

72

 

*

Council Decision (EU) 2022/1016 of 21 June 2022 appointing a member, proposed by the Republic of Estonia, of the Committee of the Regions

73

 

*

Council Decision (CFSP) 2022/1017 of 27 June 2022 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

74

 

*

Council Decision (CFSP) 2022/1018 of 27 June 2022 amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

76

 

*

Council Decision (CFSP) 2022/1019 of 27 June 2022 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

78

 

*

Council Implementing Decision (CFSP) 2022/1020 of 27 June 2022 implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

83

 

*

Commission Implementing Decision (EU) 2022/1021 of 27 June 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2022) 4581)  ( 1 )

85

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

28.6.2022   

EN

Official Journal of the European Union

L 170/1


COUNCIL REGULATION (EU) 2022/1008

of 17 June 2022

amending Regulation (EU) 2021/2278 suspending the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 on certain agricultural and industrial products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

In order to ensure a sufficient and uninterrupted supply of certain agricultural and industrial products which are not produced in the Union and thereby avoid any disturbances on the market for those products, Common Customs Tariff duties of the type referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 of the European Parliament and of the Council (1) (‘CCT duties’) on those products have been suspended by Council Regulation (EU) 2021/2278 (2). As a result, the products listed in the Annex to Regulation (EU) 2021/2278 can be imported into the Union at reduced or zero duty rates.

(2)

The Union production of certain products that are not listed in the Annex to Regulation (EU) 2021/2278 is inadequate to meet the specific requirements of the user industries in the Union. As it is in the Union's interest to ensure an adequate supply of certain products, and having regard to the fact that that identical, equivalent or substitute products are not produced in sufficient quantities within the Union, it is necessary to grant a complete suspension of the CCT duties on those products.

(3)

With a view to promoting integrated battery production in the Union in accordance with the communication from the Commission of 17 May 2018 entitled ‘Europe on the Move – Sustainable Mobility for Europe: safe, connected, and clean’, a partial suspension of the CCT duties should be granted in respect of certain products related to battery productionthat are not listed in the Annex to Regulation (EU) 2021/2278. The date for the mandatory review of those suspensions should be 31 December 2022, in order for that review to take into account the short-term evolution of the battery sector in the Union.

(4)

It is necessary to amend the product description and classification for certain CCT duty suspensions listed in the Annex to Regulation (EU) 2021/2278 in order to take into account technical product developments and economic trends in the market.

(5)

It is no longer in the interest of the Union to maintain the suspension of CCT duties for certain products listed in the Annex to Regulation (EU) 2021/2278. The suspensions for those products should therefore be deleted with effect from 1 July 2022.

(6)

Regulation (EU) 2021/2278 should therefore be amended accordingly.

(7)

In order to avoid any interruption in the application of the autonomous tariff suspension scheme and to comply with the guidelines set out in the communication from the Commission of 13 December 2011 concerning autonomous tariff suspensions and quotas, the changes provided for in this Regulation regarding the tariff suspensions for the products concerned should apply from 1 July 2022. This Regulation should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) 2021/2278 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 July 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 17 June 2022.

For the Council

The President

B. LE MAIRE


(1)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(2)  Council Regulation (EU) 2021/2278 of 20 December 2021 suspending the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 on certain agricultural and industrial products, and repealing Regulation (EU) No 1387/2013 (OJ L 466, 29.12.2021, p. 1).


ANNEX

The Annex to Regulation (EU) 2021/2278 is amended as follows:

(1)

the entries with the following serial numbers are deleted: 0.3965, 0.4050, 0.4890, 0.4934, 0.5487, 0.7369, 0.8088 and 0.8210;

(2)

the following entries replace those entries that have the same serial numbers:

Serial number

CN code

TARIC

Description

Rate of autonomous duty

Supplementary unit

Date envisaged for mandatory review

‘0.7284

ex 2106 90 92

ex 3504 00 90

50

10

Casein protein hydrolysate consisting of:

by weight 20 % or more but not more than 70 % free amino acids, and

peptones of which by weight more than 90 % having a molecular weight of not more than 2 000  Da

0 %

-

31.12.2022

0.2542

ex 2903 47 00

20

1,1,1,3,3-Pentafluoropropane (HFC-245fa) (CAS RN 460-73-1)

0 %

-

31.12.2023

0.3616

ex 2922 19 00

53

2-(2-Methoxyphenoxy)ethanamine (CAS RN 1836-62-0) with a purity by weight of 98 % or more

0 %

-

31.12.2024

0.8137

ex 3208 90 19

ex 3911 90 99

13

63

Mixture, containing by weight:

20 % or more but not more than 40 % of a copolymer of methyl vinyl ether and monobutyl maleate (CAS RN 25119-68-0),

7 % or more but not more than 20 % of a copolymer of methyl vinyl ether and monoethyl maleate (CAS RN 25087-06-3),

40 % or more, but not more than 65 % of ethanol (CAS RN 64-17-5),

1 % or more but not more than 7 % of butan-1-ol (CAS RN 71-36-3)

0 %

-

31.12.2025

0.5560

ex 3904 69 80

85

Copolymer of ethylene and chlorotrifluoroethylene, whether or not modified with hexafluoroisobutylene, whether or not containing fillers

0 %

-

31.12.2022

0.2759

ex 3907 30 00

40

Epoxide resin, containing by weight 70 % or more of silicon dioxide, for the encapsulation of goods of headings 8504 , 8533 , 8535 , 8536 , 8541 , 8542 or 8548  (1)

0 %

-

31.12.2023

0.5172

ex 3912 39 85

40

Hypromellose (INN) (CAS RN 9004-65-3)

0 %

-

31.12.2022

0.4844

ex 3921 90 55

25

Prepreg sheets or rolls containing polyimide resin

0 %

-

31.12.2024

0.8024

ex 5603 14 10

30

Non-wovens, consisting of poly(ethylene terephthalate) spun bonded media:

of weight of 160 g/m2 or more but not more than 300 g/m2,

with a filtration efficiency of class M or better (according to DIN 60335-2-69),

pleatable,

with at least one of following treatments:

a coating or covering with polytetrafluoroethylene (PTFE),

a coating with aluminium particles,

a coating of phosphorous based flame retardants,

a nano fiber coating of a polyamide, a polyurethane or a fluorine-containing polymer

0 %

m2

31.12.2023

0.5987

ex 5603 14 90

60

Non-wovens, consisting of poly(ethylene terephthalate) spun bonded media:

of weight of 160 g/m2 or more but not more than 300 g/m2,

with a filtration efficiency of class M or better (according to DIN 60335-2-69),

pleatable,

with or without an expanded polytetrafluoroethylene (ePTFE) membrane

0 %

m2

31.12.2023

0.4476

ex 7019 61 00

ex 7019 61 00

ex 7019 65 00

ex 7019 65 00

ex 7019 65 00

ex 7019 65 00

ex 7019 65 00

ex 7019 65 00

ex 7019 65 00

ex 7019 66 00

ex 7019 66 00

ex 7019 66 00

ex 7019 66 00

ex 7019 66 00

ex 7019 66 00

ex 7019 66 00

ex 7019 90 00

ex 7019 90 00

11

19

11

12

13

14

15

18

19

11

12

13

14

15

18

19

11

19

Woven fabrics of rovings, impregnated with epoxy resin, with a coefficient of thermal expansion between 30°C and 120°C (measured according to IPC-TM-650) of:

10ppm per°C or more but not more than 12ppm per°C in the length and width, and

20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152°C or more but not more than 153°C (measured according IPC-TM-650)

0 %

-

31.12.2023

0.7996

ex 8418 99 90

20

Aluminium connecting block for connecting to a condenser manifold in welding process:

hardened to T6 or T5 temper,

with a weight of not more than 150 g,

with a length of 20 mm or more but not more than 150 mm,

with a fixing rail in one piece

0 %

p/st

31.12.2025

0.8004

ex 8418 99 90

30

Receiver dryer profile for connecting to a condenser manifold in welding process with:

a braze flatness of not more than 0,2 mm,

a weight of 100 g or more but not more than 600 g,

a fixing rail in one piece

0 %

p/st

31.12.2025

0.7375

ex 8481 10 19

ex 8481 10 99

30

20

Electromagnetic pressure reducing valve

with a plunger,

with an operating pressure of not more than 325 MPa,

with a plastic connector with 2 silver or tin, or silver-plated, or tin-plated, or silver and tin plated pins

0 %

-

31.12.2022

0.7029

ex 8505 11 00

47

Articles in the form of a triangle, square, rectangle, or trapezoid, whether or not arched, with rounded corners or oblique sides, intended to become permanent magnets after magnetisation, containing neodymium, iron and boron, with the following dimensions:

a length of 9 mm or more but not more than 105 mm,

a width of 5 mm or more but not more than 105 mm, and

a height of 2 mm or more but not more than 55 mm

0 %

-

31.12.2026

0.5548

ex 8507 60 00

50

Modules for the assembly of batteries of ion lithium electric accumulators with:

a length of 298 mm or more, but not more than 500 mm,

a width of 33,5 mm or more, but not more than 209 mm,

a height of 75 mm or more, but not more than 228 mm,

a weight of 3,6 kg or more, but not more than 17 kg, and

a power of 458 Wh or more, but not more than 2 900  Wh

1,3 %

-

31.12.2022

0.7489

ex 8529 90 92

78

OLED modules, consisting of one or more TFT glass or plastic cells,

a diagonal measurement of the screen of 121 cm or more, but not more than 224 cm,

with a thickness of not more than 55mm,

containing organic material,

with control electronic for pixel addressing only,

with V-by-One Interface and with or without a plug for power supply,

with back cover,

of a kind used in the manufacture of TV sets and monitors

0 %

-

31.12.2023

0.3959

ex 8540 71 00

20

Continuous wave magnetron with:

a fixed frequency of 2 460 MHz,

a packaged magnet,

a probe output,

an output power of 960 or more but not more than 1 500  W

0 %

-

31.12.2023

0.6687

ex 8708 95 10

ex 8708 95 99

30

40

Inflatable sewn safety cushion of high strength polyamide fibre:

folded into three-dimensional packing form, fixed by thermal forming, dedicated fixation seams, fabric cover or plastic staples, or

flat safety cushion with or without thermal folding

0 %

p/st

31.12.2025

(3)

the following entries are inserted according to the numerical order of the CN and TARIC codes in the second and third columns:

Serial number

CN code

TARIC

Description

Rate of autonomous duty

Supplementary unit

Date envisaged for mandatory review

‘0.8296

ex 2826 90 80

30

Lithium hexafluorophosphate (CAS RN 21324-40-3) with a purity by weight of 99 % or more

2,7 %

-

31.12.2022

0.8237

ex 2845 90 10

10

4-(Tert-Butyl)-2-(2-(methyl-d3)propan-2-yl-1,1,1,3,3,3-d6)phenol (CAS RN 2342594-40-3) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8282

ex 2903 19 00

20

1,3-Dichloropropane (CAS RN 142-28-9) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8241

ex 2909 49 80

30

3,4-Dimethoxybenzyl alcohol (CAS RN 93-03-8) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8288

ex 2914 40 90

10

Benzoin (CAS RN 119-53-9) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8311

ex 2915 90 70

38

Pelargonic acid (CAS RN 112-05-0) with a purity by weight of 95 % or more

0 %

-

31.12.2026

0.8302

ex 2917 19 80

55

Maleic acid (CAS RN 110-16-7) with a purity by weight of 99 % or more

3,2 %

-

31.12.2022

0.8255

ex 2917 39 95

45

3-(4-Chlorophenyl)glutaric acid (CAS RN 35271-74-0) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8256

ex 2918 30 00

55

Methyl 3-oxo-pentanoate (CAS RN 30414-53-0) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8297

ex 2920 90 10

45

Ethylene carbonate (CAS RN 96-49-1) with a purity by weight of 99 % or more

3,2 %

-

31.12.2022

0.8298

ex 2920 90 10

55

Vinylene carbonate (CAS RN 872-36-6) with a purity by weight of 99,9 % or more

3,2 %

-

31.12.2022

0.8299

ex 2920 90 10

65

Vinyl ethylene carbonate (CAS RN 4427-96-7) with a purity by weight of 99 % or more

3,2 %

-

31.12.2022

0.8234

ex 2922 49 85

33

4-Amino-2-chlorobenzoic acid (CAS RN 2457-76-3) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8236

ex 2922 49 85

43

(E)-Ethyl 4-(dimethylamino)but-2-enoate maleate (CAS RN 1690340-79-4) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8283

ex 2924 19 00

48

N,N-Dimethylcarbamoyl chloride (CAS RN 79-44-7) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8235

ex 2924 29 70

32

N-(4-Amino-2-ethoxyphenyl)acetamide (CAS RN 848655-78-7) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8258

ex 2924 29 70

36

N,N'-(2-Chloro-5-methyl-1,4-phenylene)bis[3-oxobutyramide] (CAS RN 41131-65-1) with a purity by weight of 97 % or more

0 %

-

31.12.2026

0.8272

ex 2931 90 00

30

Tert-Butylchlorodimethylsilane (CAS RN 18162-48-6) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8252

ex 2932 19 00

55

(3S)-3-[4-[(5-Bromo-2-chlorophenyl)methyl]phenoxy]tetrahydro-furan (CAS RN 915095-89-5) with a purity by weight of 97 % or more

0 %

-

31.12.2026

0.8257

ex 2932 99 00

28

1,4,7,10,13-Pentaoxacyclopentadecane (CAS RN 33100-27-5) with a purity by weight of 90 % or more, the remainder mainly consisting of lineair precursors

0 %

-

31.12.2026

0.8240

ex 2933 19 90

53

3-[2-(Dispiro[2.0.24.13]heptan-7-yl)ethoxy]-1H-pyrazole-4-carboxylic acid (CAS RN 2608048-67-3) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8312

ex 2933 21 00

45

Sodium (5S,8S)-8-methoxy-2,4-dioxo-1,3-diazaspiro[4.5]decan-3-ide (CAS RN 1400584-86-2) with a purity by weight of 90 % or more

0 %

-

31.12.2026

0.8238

ex 2933 39 99

15

(S)-6-Bromo-2-(4-(3-(1,3-dioxoisoindolin-2-yl)propyl)-2,2-dimethylpyrrolidin-1-yl)nicotinamide (CAS RN 2606972-45-4) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8239

ex 2933 39 99

18

Perfluorophenyl 6-fluoropyridine-2-sulfonate (CAS RN 2608048-81-1) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8266

ex 2933 39 99

42

Glasdegib maleate (INN) (CAS RN 2030410-25-2) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8248

ex 2933 59 95

38

5-(5-Chlorosulfonyl-2-ethoxyphenyl)-1-methyl-3-propyl-1,6-dihydro-7H-pyrazolo[4,3-d]pyrimidin-7-one (CAS No 139756-22-2) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8243

ex 2933 59 95

41

2-(4-Phenoxyphenyl)-7-(piperidin-4-yl)-4,5,6,7-tetrahydropyrazolo[1,5-a]pyrimidine-3-carbonitrile (CAS RN 2190506-57-9) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8290

ex 2933 99 80

18

2-(2-Ethoxyphenyl)-5-methyl-7-propylimidazolo[5,1-f][1,2,4]-triazin-4(3H)-one (CAS RN 224789-21-3) with a purity by weight of 95 % or more

0 %

-

31.12.2026

0.8249

ex 2933 99 80

22

Dibenz[b,f]azepine-5-carbonyl chloride (CAS RN 33948-22-0) with a purity by weight of 98 % or more

0 %

-

31.12.2026

0.8284

ex 2933 99 80

32

1H-1,2,3-Triazole (CAS RN 288-36-8) or 2H-1,2,3-triazole (CAS RN 288-35-7) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8250

ex 2934 99 90

18

Methyl (1R,3R)-1-(1,3-benzodioxol-5-yl)-2-(2-chloroacetyl)-1,3,4,9-tetrahydropyrido[5,4-b]indole-3-carboxylate (CAS RN 171489-59-1) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8253

ex 2934 99 90

22

4-(Oxiran-2-ylmethoxy)-9H-carbazole (CAS RN 51997-51-4) with a purity by weight of 97 % or more

0 %

-

31.12.2026

0.8267

ex 2934 99 90

35

Nusinersen sodium (INNM) (CAS RN 1258984-36-9) with a purity by weight of 95 % or more

0 %

-

31.12.2026

0.8289

ex 2934 99 90

71

3,4-Dichloro-1,2,5-thiadiazole (CAS RN 5728-20-1) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8276

ex 2935 90 90

22

Methyl 2-(chlorosulfonyl)-4-(methylsulfonamidomethyl)benzoate (CAS RN 393509-79-0) with a purity by weight of 90 % or more

0 %

-

31.12.2026

0.8277

ex 2935 90 90

24

3-({[(4-methylphenyl)sulfonyl]carbamoyl}amino)phenyl 4-methylbenzenesulfonate (CAS RN 232938-43-1) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8273

ex 3812 39 90

45

2-Aminoethanol reaction products with cyclohexane and peroxidized N-butyl-2,2,6,6-tetramethyl-4-piperidinamine-2,4,6-trichloro-1,3,5-triazine reaction products (CAS RN 191743-75-6) with a purity by weight of 99 % or more

0 %

-

31.12.2026

0.8278

ex 3824 99 92

94

({[2-(trifluoromethyl)phenyl]carbonyl}amino)methyl acetate (CAS RN 895525-72-1) with a content of at least 45 % by weight dissolved in N,N-dimethylacetamide (CAS RN 127-19-5)

0 %

-

31.12.2026

0.8287

ex 3824 99 92

95

Solution of methyl cis-1-{[(2,5-dimethylphenyl)acetyl]amino}-4-methoxycyclohexanecarboxylate (CAS RN 203313-47-7) in N,N-dimethylacetamide (CAS RN 127-19-5), containing by weight 25 % or more but not more than 45 % of the carboxylate

0 %

-

31.12.2026

0.8268

ex 3917 32 00

30

Heat shrinkable tube:

containing by weight 80 % or more polymer,

with an insulation resistance of 90 MW or more,

with a dielectric strength of 35 kV / mm or more,

with a wall thickness of 0,04 mm or more, but not more than 0,9 mm,

with a lay-flat width of 18 mm or more, but not more than 156 mm,

for use in the manufacture of aluminium electrolytic capacitors (2)

0 %

-

31.12.2022

0.8274

ex 3920 61 00

50

Coextruded film of polycarbonate main layer and polymethyl methacrylate top layer with a:

total thickness of more than 230 μm but not more than 270 μm,

top layer thickness of more than 40 μm but not more than 55 μm,

defined surface roughness of the top layer of 0,5 μm or less (according to ISO 4287),

UV-stabilized top layer

0 %

-

31.12.2026

0.8291

ex 3921 90 55

60

Membrane composed of a polyamide layer and a polysulfone layer on a cellulose support layer with:

a total thickness of 0,25 mm or more but not more than 0,40 mm,

a total weight of 109 g/m2 or more but not more than 114 g/m2

0 %

-

31.12.2026

0.8265

ex 7007 11 10

10

Specifically shaped and toughened safety glass:

with a width of 200 mm or more but not more than 600 mm,

with a height of 150 mm or more but not more than 500 mm,

for use in the manufacture of motor vehicle window assemblies (2)

0 %

-

31.12.2026

0.8247

ex 8302 10 00

20

Armrest hinge made of magnesium with:

a length of 255 mm or more but not more than 265 mm,

a width of 155 mm or more but not more than 165 mm,

a height of 115 mm or more but not more than 125 mm,

mounting holes for a lock mechanism

0 %

-

31.12.2026

0.8304

ex 8302 30 00

20

Two cold-formed steel supports:

with a length of 160 mm or more but not more than 180 mm,

with a width of 60 mm or more but not more than 80 mm,

with a height of 60 mm or more but not more than 80 mm,

with a movable riveted connection,

with or without elastomeric bumper,

forming a mechanism for indirect movement of the mechanism of the longitudinal positioner of car seats, interacting with the safety latch,

attached to the mechanism of the longitudinal positioner by means of a detachable screw connection, riveting, welding or spot welding

0 %

-

31.12.2026

0.8260

ex 8407 34 10

10

Spark-ignition reciprocating or rotary internal combustion piston engines, with:

a cylinder capacity of 1 200 cm3 or more but not more than 2 000 cm3

a power of 95 kW but not more than 135 kW,

a weight of not more than 120 kg,

for use in the manufacture of motor vehicles of 8703  (2)

0 %

-

31.12.2026

0.8300

ex 8408 90 65

ex 8408 90 67

ex 8408 90 81

20

20

20

Compression-ignition internal combustion piston engines:

of the inline type,

with a cylinder capacity of 7 100  cm3 or more but not more than 18 000  cm3,

with a power of 205 kW or more but not more than 597 kW,

with an exhaust after-treatment module,

with external width/height/depth dimensions of not more than 1 310 /1 300 /1 040  mm or 2 005 /1 505 /1 300  mm or 2 005 /1 505 /1 800  mm,

for use in the manufacture of crushing, screening or separation machines (2)

0 %

-

31.12.2026

0.8244

ex 8409 91 00

85

Cylinder head blank for a four cylinder engine with 10 cores, made of aluminium alloy EN AC-45500, with:

no other components,

a hardness of 52 HRB or more,

casting defects size of not more than 0,4 mm and not more than 10 defects per cm2,

a dendrite arm space in combustion chamber of not more than 25 μm,

a double deck water jacket design and

a weight of 18 kg or more but not more than 19 kg,

a length of 506 mm or more but not more than 510 mm,

a height of 282 mm or more but not more than 286 mm,

a width of 143,7 mm or more but not more than 144,3 mm,

in one single consignment of 1 000 pieces or more

0 %

-

31.12.2026

0.8303

ex 8483 40 25

20

Worm gearbox

in an aluminium alloy housing,

with a plastic or steel worm,

with mounting holes,

with a 90 degree reversible drive direction,

with a 4:19 transmission ratio,

equipped with a lead screw with a length of 333 mm and a guide nut incorporated into the assembly bracket, with or without a lead screw support,

for indirect connection to the drive motor of a car seat guide system (2)

0 %

-

31.12.2026

0.8285

ex 8501 53 50

40

Permanent magnet traction AC motor, with:

a continuous power of 110 kW or more but not more than 150 kW,

a liquid cooled system,

a total length of 460 mm or more but not more than 590 mm,

a total width of 450 mm or more but not more than 580 mm,

a total height of 490 mm or more but not more than 590 mm,

a weight of not more than 310 kg,

4 mounting points

0 %

-

31.12.2026

0.8259

ex 8507 60 00

73

Lithium-ion Electric accumulators consisting of 3 modules containing 102 cells in total, with:

a nominal capacity of 51 Ah per cell,

a nominal voltage of 285 V or more but not more than 426V,

a weight of 33 kg or more but not more than 36 kg per module,

a length of 1 400 mm or more but not more than 1 600 mm,

a height of 340 mm or more but not more than 395 mm,

a width of 220 mm or more but not more than 420 mm,

for use in the manufacture of vehicles of subheadings 8703 60 and 8703 80  (2)

1,3 %

-

31.12.2022

0.8275

ex 8507 60 00

83

Modules for the assembly of ion lithium electric accumulators with:

a length of 570 mm or more, but not more than 610 mm,

a width of 210 mm or more, but not more than 240 mm,

a height of 100 mm or more, but not more than 120 mm,

a weight of 28 kg or more, but not more than 35 kg, and

a capacity of not more than 2 500 Ah and a nominal energy of less than 7,5 kW,

for use in the manufacture of vehicles of subheadings 8703 60 , 8703 70 , 8703 80 and 8704 60  (2)

1,3 %

-

31.12.2022

0.8286

ex 8507 60 00

88

A rechargeable lithium-ion battery, with:

a fuse,

a cell-to-pack design,

a length of 1 050 mm or more but not more than 1 070 mm,

a width of 624 mm or more but not more than 636 mm,

a height of 235 mm or more but not more than 245 mm,

a mass of 214,4 kg or more but not more than 227,6 kg,

a capacity of 228 Ah,

an upper outer casing of a composite material,

an IP68 protection rating,

an energy density of 220Wh/l or more,

a specific energy of 159 Wh/kg or more,

without contactors,

for the manufacture of batteries for electric buses (2)

1,3 %

-

31.12.2022

0.8279

ex 8708 40 20

80

Transmission gearbox without torque converter, with:

dual clutch,

7 or more forward gears,

1 reverse gear,

a maximum torque of 390 Nm,

whether or not with electric motor integrated,

a height of 480 mm or more but not more than 600 mm,

a width of 350 mm or more but not more than 450 mm, and

a weight of 80kg or more but not more than 110 kg,

for use in the manufacture of motor vehicles of Heading 8703  (2)

0 %

-

31.12.2026

0.8292

ex 8708 95 99

50

Airbag inflator containing both pyrotechnics and cold gas as propellant for safety airbags of vehicles, in each individual consignment of 1 000 pieces or more

0 %

-

31.12.2026


(1)  Suspension of duties is subject to end-use customs supervision in accordance with Article 254 of Regulation (EU) No 952/2013.’;

(2)  Suspension of duties is subject to end-use customs supervision in accordance with Article 254 of Regulation (EU) No 952/2013.’.


28.6.2022   

EN

Official Journal of the European Union

L 170/15


COUNCIL IMPLEMENTING REGULATION (EU) 2022/1009

of 27 June 2022

implementing Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (1), and in particular Article 9(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.

(2)

Following the judgment of the General Court in case T-108/21 (2), one entry should be deleted from the list of persons, entities and bodies set out in Annex Ia to Regulation (EC) No 1183/2005.

(3)

Annex Ia to Regulation (EC) No 1183/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex Ia to Regulation (EC) No 1183/2005 is amended as set out in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 27 June 2022.

For the Council

The President

A. PANNIER-RUNACHER


(1)  OJ L 193, 23.7.2005, p. 1.

(2)  Judgment of the General Court of 27 April 2022, Ferdinand Ilunga Luyoyo v. Council of the European Union, T-108/21, ECLI:EU:T:2022:253.


ANNEX

The following entry is deleted from the list set out in Section A (‘Persons’) of Annex Ia to Council Regulation (EC) No 1183/2005:

‘3.

Ferdinand Ilunga LUYOYO’.

28.6.2022   

EN

Official Journal of the European Union

L 170/17


COUNCIL IMPLEMENTING REGULATION (EU) 2022/1010

of 27 June 2022

implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

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 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 23 March 2012, the Council adopted Regulation (EU) No 267/2012.

(2)

On the basis of a review of Annex II to Council Decision 2010/413/CFSP (2), the restrictive measures against all persons and entities in the list set out therein should be maintained, insofar as their names are not mentioned in Annex VI to that Decision, and 17 entries included in Annex IX to Regulation (EU) No 267/2012 should be updated.

(3)

Regulation (EU) No 267/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IX to Regulation (EU) No 267/2012 is amended as set out in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 27 June 2022.

For the Council

The President

A. PANNIER-RUNACHER


(1)  OJ L 88, 24.3.2012, p. 1.

(2)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).


ANNEX

Annex IX to Regulation (EU) No 267/2012 is amended as follows:

(1)

under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

 

Name

Identifying information

Reasons

Date of listing

‘8.

Ebrahim MAHMUDZADEH

 

Head of the Management Board of Iran Telecommunications; former Managing Director of Iran Electronic Industries (see Part B, No 20). Director general of the Armed Forces Social Security Organization until September 2020. Iranian Deputy Defense Minister until December 2020.

23.6.2008

27.

Kamran DANESHJOO (a.k.a. DANESHJOU)

 

Former Minister of Science, Research and Technology. As project manager of the 111th section of the AMAD Plan, he has provided support for Iran's proliferation-sensitive nuclear activities.

1.12.2011’

(2)

under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

 

Name

Identifying information

Reasons

Date of listing

‘20.

Iran Electronics Industries

(including all branches) and subsidiaries:

P. O. Box 18575-365, Tehran, Iran

Wholly-owned subsidiary of MODAFL (and therefore a sister-organisation to AIO, AvIO and DIO). Its role is to manufacture electronic components for Iranian weapons systems.

23.6.2008

 

(b)

Iran Communications Industries (ICI)

(a.k.a. Sanaye Mokhaberat Iran; Iran Communication Industries; Iran Communications Industries Group; Iran Communications Industries Co.)

PO Box 19295-4731, Pasdaran Avenue, Tehran, Iran; Alternative address: PO Box 19575-131, 34 Apadana Avenue, Tehran, Iran; Alternative address: Shahid Langary Street, Nobonyad Square Ave, Pasdaran, Tehran

Iran Communications Industries, a subsidiary of Iran Electronics Industries (listed by the EU), produces various items including communication systems, avionics, optics and electro-optics devices, micro-electronics, information technology, test and measurement, telecommunication security, electronic warfare, radar tube manufacture and refurbishment, and missile launchers. ICI procured sensitive material through Hoda Trading, its Hong Kong based subsidiary.

26.7.2010

52.

Raad Iran (a.k.a. Raad Automation Company; Middle East Raad Automation; RAAD Automation Co.; Raad Iran Automation Co.; RAADIRAN; Middle East RAAD Automation Co.; Automasion RAAD Khavar Mianeh; Automation Raad Khavar Mianeh Nabbet Co)

Unit 1, No 35, Bouali Sina Sharghi, Chehel Sotoun Street, Fatemi Square, Tehran

A company involved in procurement of inverters for Iran's proscribed enrichment programme. Raad Iran was established to produce and design controlling systems and provides the sale and installation of inverters and programmable Logic Controllers.

23.5.2011’

(3)

under the heading ‘II. Islamic Revolutionary Guard Corps (IRGC)’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

 

Name

Identifying information

Reasons

Date of listing

‘1.

IRGC Brigadier-General Javad DARVISH-VAND

 

Former Deputy Minister of Defence and Inspector General of MODAFL.

23.6.2008

2.

Rear Admiral Ali FADAVI

 

Deputy Commander-General of the Islamic Revolutionary Guard Corps (IRGC). Former Commander of IRGC Navy.

26.7.2010

3.

Parviz FATAH

Born in 1961

Former member of the IRGC. Former Minister of Energy. Since July 2019, head of the “Mostazafan Foundation”, former member of the Board of Trustees of the Imam Khomeini Foundation.

26.7.2010

4.

IRGC Brigadier-General Seyyed Mahdi FARAHI

 

Deputy Minister of Defence and Armed Forces Support since 2021. Previously Deputy Minister of Defence and Industrial Affairs of the Ministry of Defence, head of the Defence Industries and Aerospace Organizations of the Ministry of Defence, as well as commander of the Armed Forces Personnel Training Camp. Former head of Iran's Aerospace Industries Organisation (AIO) and former managing director of the UN-designated Defence Industries Organisation (DIO). Member of the IRGC.

23.6.2008

6.

Mohammad Ali JAFARI

 

Former Commander of the IRGC. Currently head of the Hazrat Baqiatollah al-Azam Cultural and Social Headquarters.

23.6.2008

7.

IRGC Brigadier-General Mostafa Mohammad NAJJAR

 

Former Minister for the Interior and former Minister of MODAFL, responsible for all military programmes, including ballistic missiles programmes. Since September 2013, Senior Advisor to the Chief of General Staff of the Armed Forces on Knowledge and Technology Industry. Member of the IRGC.

23.6.2008

10.

Rostam QASEMI (a.k.a. Rostam Qassemi; Rostam GHASEMI)

Born in 1961

Since 25 August 2021, Minister for Road and Urban Development. Former Commander of Khatam al-Anbiya.

26.7.2010

12.

IRGC Brigadier-General Ali SHAMSHIRI

 

Member of the IRGC. Advisor to the director of the Defence Science and Education Research Institute. Has held senior roles in MODAFL.

23.6.2008

13.

IRGC Brigadier-General Ahmad VAHIDI

 

Since 25 August 2021, Minister of Interior. Former President of the Supreme National Defence University and former Minister of MODAFL.

23.6.2008

17.

Ali Ashraf NOURI

 

Head of the Basij Islamic Revolution Art Educational and Research Complex. Formerly IRGC Deputy Commander, IRGC Political Bureau Chief.

23.1.2012

18.

Hojatoleslam Ali SAIDI (a.k.a. Hojjat- al-Eslam Ali Saidi or Saeedi)

 

Since March 2017, head of the ideological and political bureau of the Supreme Leader in his role as Commander-in-chief. Previously representative of the Supreme Leader to the IRGC.

23.1.2012’

(4)

under the heading ‘II. Islamic Revolutionary Guard Corps (IRGC)’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

 

Name

Identifying information

Reasons

Date of listing

‘9.

Mehr Bank (a.k.a Mehr Finance and Credit Institute; Mehr Interest-Free Bank)

No. 182, Shahid Tohidi St, 4th Golsetan, Pasdaran Ave, Tehran 1666943, Iran

Mehr Bank is controlled by Bonyad Taavon Sepah and the IRGC. Mehr Bank provides financial services to the IRGC. According to an open source interview with the then head of Bonyad Taavon Sepah, Parviz Fatah, Bonyad Taavon Sepah created Mehr Bank to serve the Basij (paramilitary arm of the IRGC).

23.05.2011

12.

Etemad Amin Invest Co Mobin (a.k.a.: Etemad Amin Investment Company Mobin; Etemad-e Mobin; Etemad Amin Invest Company Mobin; Etemad Mobin Co.; Etemad Mobin Trust Co.; Etemade Mobin Company; Mobin Trust Consortium; Etemad-e Mobin Consortium)

Pasadaran Av. Tehran, Iran

A company owned or controlled by IRGC that contributes to financing the strategic interests of the regime.

26.7.2010’


28.6.2022   

EN

Official Journal of the European Union

L 170/22


COMMISSION DELEGATED REGULATION (EU) 2022/1011

of 10 March 2022

supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards specifying how to determine the indirect exposures to a client arising from derivatives and credit derivatives contracts where the contract was not directly entered into with the client but the underlying debt or equity instrument was issued by that client

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (1), and in particular Article 390(9), third subparagraph, thereof,

Whereas:

(1)

The determination of the indirect exposure values to a client arising from derivative and credit derivative contracts for large exposures purposes should differ from the calculation method of the exposure value used for risk-based capital requirements set out in Regulation (EU) No 575/2013 because a default of the underlying instrument could lead to a profit instead of a loss. The indirect exposure value should therefore be dependent on the loss (i.e. positive exposure value) or gain (i.e. negative exposure value) that would result from a potential default of its underlying instrument. Under the large exposures regime set out in Part Four of Regulation (EU) No 575/2013, in the case of exposures in the trading book, institutions may offset positive and negative positions in the same financial instruments, or, under certain conditions, in different financial instruments, issued by a given client. The overall net exposure to an individual client is only considered if positive. Similarly, the overall net exposure to a given client, after the inclusion of the indirect exposures to that client arising from derivative or credit derivative contracts allocated to the trading book, should only be considered if positive. In order to avoid any offset of any indirect exposure arising from derivative or credit derivative contracts allocated to the non-trading book, any negative indirect exposure value arising from those positions should be set to zero.

(2)

In order to ensure that the default risk is appropriately captured, the indirect exposure value of options, regardless of whether allocated to the trading book or the non-trading book, should therefore depend on the changes in option prices that would result from a default of the respective underlying instrument, e.g. the option’s market value for ‘call’ options and the market value of the option minus its strike price for ‘put’ options.

(3)

The purpose of credit derivatives is to transfer credit risk in relation to borrowers without transferring the assets themselves. The role that institutions play as protection seller or protection buyer and the type of credit derivative they enter into should be taken into account for the determination of the indirect exposure value of the underlying instrument. The indirect exposure should therefore be equal to the market value of the credit derivative contract, which should be adjusted by the amount due to or expected to be received from the counterparty in the case of default of the issuer of the underlying debt instrument.

(4)

For other types of derivative contracts that constitute a combination of long and short positions, to ensure that the accurate default risk is captured, institutions should decompose those derivative contracts into individual transaction legs. Only the legs with default risk, where institutions have a risk of a loss in the case of default, should be relevant for the calculation of the indirect exposure value arising from those derivative contracts. However, where institutions are not able to apply that methodology, and to ensure a conservative treatment, they should be allowed to determine the indirect exposure value of the underlying instruments as the maximum loss that they could incur following the default of the issuer of the underlying to which the derivative refers.

(5)

Derivatives can be written on instruments having multiple underlying reference names. For those multi-underlying derivatives, where an institution can look through to the underlying reference names, and to ensure that the most accurate method is used, the indirect exposure value should be calculated by looking at the variation in the price of the derivative in case of default of each of the underlying reference names in the multi-underlying instrument. To ensure consistency with the large exposures framework applicable to transactions where there is an exposure to underlying assets, Article 6(1) and (2) of Commission Delegated Regulation (EU) No 1187/2014 (2) should apply to assign the exposures to the identified client, a separate client or the unknown client. In cases where institutions are not able to apply a look-through approach or where a look-through approach to a derivative with multiple reference names is unduly burdensome for them, and to ensure a conservative treatment, institutions should calculate the indirect exposure value by looking at the variation of the price of the derivative in the case of default of all those underlying reference names. Similarly, to ensure consistency with the large exposures framework applicable to transactions where there is an exposure to underlying assets, Article 6(3) of the Delegated Regulation (EU) No 1187/2014 should apply to assign the exposure to a separate client or the unknown client. In all cases where the underlying instruments are assigned to the unknown client, to avoid the risk that negative indirect exposure values are offset with positive indirect exposure values, institutions should set to zero any negative indirect exposure values.

(6)

This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority.

(7)

The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3),

HAS ADOPTED THIS REGULATION:

Article 1

General rules for the determination of the indirect exposure value to a client arising from derivative and credit derivative contracts

1.   Institutions shall calculate the indirect exposure value to a client arising from derivative contracts listed in Annex II to Regulation (EU) No 575/2013 and credit derivative contracts, where the derivative contracts were not directly entered into with that client but the underlying debt or equity instrument was issued by that client, in accordance with the methodology set out in Articles 2 to 5 of this Regulation.

2.   By way of derogation from paragraph 1, where the underlying instruments are included in a debt, equity or credit default swap index or a collective investment undertaking, or where the derivative contracts have multiple underlying reference names, institutions shall calculate the indirect exposure values to a client arising from the derivative contracts referred to in paragraph 1 and the contribution of that exposure to the exposure to a client in accordance with the methodology set out in Article 6.

3.   Where the derivative and credit derivative contracts referred to in paragraph 1 are allocated to the trading book, following the calculation of the indirect exposure values to a client arising from those contracts, institutions shall include those exposure values into the exposures to that client in the trading book. After aggregation, negative net exposures to the client shall be set to zero.

4.   By way of derogation from paragraphs 1 and 2, where the derivative and credit derivative contracts referred to in paragraph 1 are allocated to the non-trading book and where, following the calculation of the indirect exposure values to a client arising from those contracts, the indirect exposures have a negative value, institutions shall set to zero those exposure values before counting them towards the exposures to that client.

Article 2

Allocation of the indirect exposures to categories of derivative contracts

Institutions shall allocate the indirect exposures referred to in Article 1(1) to one of the following categories of derivative contracts:

(a)

options on debt and equity instruments;

(b)

credit derivative contracts;

(c)

all other derivative contracts listed in Annex II of Regulation (EU) No 575/2013 having as an underlying asset a debt or equity instrument and which are not included in the categories referred to in points (a) or (b) of this paragraph.

Article 3

Calculation of the indirect exposure value for options on debt and equity instruments

1.   Subject to paragraphs 2, 3 and 4 of this Article, institutions shall calculate the indirect exposure value for options referred to in Article 2, point (a), as the sum of the current market value of the option and the amount owed to the counterparty of the option as a result of a potential default of the issuer of the underlying instrument reduced by the amount owed to the institution by that counterparty in that event.

2.   For call options, the indirect exposure value shall be equal to the market value of the option. For a long position in a call option, the indirect exposure value shall be positive while for a short position in a call option, the indirect exposure value shall be negative.

3.   For put options, the indirect exposure value shall be equal to the difference between the market value of the option and its strike price. For a short position in a put option, the indirect exposure value shall be positive while for a long position in a put option, the indirect exposure value shall be negative.

4.   By way of derogation from paragraph 3, for put options that do not have a strike price available at transaction date, but at a later stage, institutions shall use the expected modelled strike price used for the calculation of the fair value of the option.

5.   Where the market value of the option is not available on a given date, institutions shall take the fair value of the option on that date. Where neither the market value nor the fair value of an option are available on a given date, institutions shall take the most recent of the market value or the fair value. Where neither the market value nor the fair value of an option are available at any date, institutions shall take the value at which the option is measured in accordance with the applicable accounting framework.

Article 4

Calculation of the indirect exposure value for credit derivative contracts

1.   The indirect exposure value to a client arising from credit derivative contracts referred to in Article 2, point (b), shall be equal to the sum of the current market value of the credit derivative contract and the amount owed to the counterparty of the credit derivative contract as a result of a potential default of the issuer of the underlying instrument reduced by the amount owed to the institution by that counterparty in that event.

2.   Where the market value of the credit derivative is not available on a given date, institutions shall take the fair value of the credit derivative on that date. Where neither the market value, nor the fair value of the credit derivative are available on a given date, institutions shall take the most recent of the market value or the fair value. Where neither the market value, nor the fair value of a credit derivative contract is available at any date, institutions shall take the value at which the credit derivative contract is measured in accordance with the applicable accounting framework.

Article 5

Calculation of the indirect exposure value for other derivative contracts listed in Annex II to Regulation (EU) No 575/2013

1.   When calculating the indirect exposure value to a client arising from other derivative contracts referred to in Article 2, point (c), including swaps, futures or forwards, institutions shall decompose their multiple transaction legs into individual transaction legs.

2.   For the transaction legs referred to in paragraph 1 entailing default risk of the issuer of the underlying instrument, institutions shall calculate their indirect exposure value as if they were positions in those legs.

3.   Where an institution is not able to apply the treatment provided for in paragraphs 1 and 2, it shall determine the indirect exposure value toward the issuer of the underlying instruments as the maximum loss that the institution would incur from a potential default of the issuer of the underlying instruments to which the derivative contract refers.

Article 6

Calculation of the indirect exposure values arising from multi-underlying derivative contracts

1.   When determining the indirect exposure value to a client arising from derivative contracts written on debt, equity or credit default swap indices or collective investment undertaking, or with multi-underlying reference names, institutions shall look through to all the individual underlying instruments and calculate the indirect exposure values as the variation in the price of the derivative contract in the case of default of each of the underlying reference names. Institutions shall assign each indirect exposure value either to an identified client, a separate client or the unknown client, as laid down in Article 6(1) and (2) of Delegated Regulation (EU) No 1187/2014.

2.   Where an institution is not able to look through to all the individual underlying instruments of the derivative contract as provided for in paragraph 1 or where it would be unduly burdensome for the institution to do so, it shall:

(a)

look through to those individual underlying instruments where the institution is able to do so or where it would not be unduly burdensome for the institution to do so and calculate the indirect exposure value in accordance with paragraph 1;

(b)

for those underlying instruments where the institution is not able to look through or where it would be unduly burdensome for an institution to do so, calculate the indirect exposure value by looking at the variation of the price of the derivative contract in the case of default of all those underlying reference names.

The indirect exposure value referred to in point (b) of the first subparagraph of this paragraph shall be assigned either to the derivative transaction as a separate client or to the unknown client, as laid down in Article 6(3) of Delegated Regulation (EU) No 1187/2014.

3.   By way of derogation from paragraphs 1 and 2 of this Article, where the indirect exposure values are to be assigned to the unknown client, as laid down in Article 6(2) and (3) of Commission Delegated Regulation (EU) No 1187/2014, and where the indirect exposure values are negative, the institution shall set to zero those indirect exposure values before counting them towards the exposures to the unknown client.

Article 7

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 March 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 176, 27.6.2013, p. 1.

(2)  Commission Delegated Regulation (EU) No 1187/2014 of 2 October 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards regulatory technical standards for determining the overall exposure to a client or a group of connected clients in respect of transactions with underlying assets (OJ L 324, 7.11.2014, p. 1).

(3)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).


28.6.2022   

EN

Official Journal of the European Union

L 170/27


COMMISSION DELEGATED REGULATION (EU) 2022/1012

of 7 April 2022

supplementing Regulation (EC) No 561/2006 of the European Parliament and of the Council with regard to the establishment of standards detailing the level of service and security of safe and secure parking areas and to the procedures for their certification

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (1), and in particular Article 8a(2) thereof,

Whereas:

(1)

In accordance with Article 8 of Regulation (EC) No 561/2006, road transport drivers are to take daily and weekly rest periods. Some of those rest periods are frequently spent on the road, particularly in cases where the drivers are engaged in long-distance international transport operations. It is therefore of utmost importance that drivers have access to parking areas where they can rest safely, with appropriate facilities for them to access the services they need.

(2)

Article 8a(1) of Regulation (EC) No 561/2006 sets out a list of requirements that parking areas accessible to drivers engaged in the carriage of goods and passengers by road need to fulfil to be certified as safe and secure parking areas, in relation to the levels of service and security of such parking areas.

(3)

A 2019 Commission study on safe and secure parking areas in the Union (2), acknowledged the significant shortage of such facilities. It also came forward with some proposals, including as regards standards for safe and secure parking areas and certification procedures.

(4)

Given the current shortage of safe and secure parking areas in the Union, the development of such facilities should be encouraged at Union level to ensure that road transport drivers have access to them wherever they stop on Union roads.

(5)

To stimulate the development of safe and secure parking areas, it is necessary to develop a common framework at Union level to ensure that the sector has access to clear and harmonised information on safe and secure parking areas across the Union.

(6)

In order to improve working conditions of road transport drivers in accordance with Regulation (EC) No 561/2006, a minimum common level of services should be available on all safe and secure parking areas, regardless of their level of security.

(7)

In view of the increasing number of cargo crime incidents affecting road transport drivers on the road, the security of road transport drivers should be enhanced to ensure that they rest free of stress and that they do not accumulate fatigue. Providing good resting conditions to drivers on safe and secure parking areas is crucial to ensure road safety and reduce the risk of accidents due to fatigue.

(8)

Safe and secure parking areas are essential for the drivers and transport undertakings to protect their loads against cargo crime. Given the diversity of businesses and goods carried, transport operators and drivers may need parking areas with different levels of security, depending on the goods they carry. The Union standards should therefore cater for the different types of businesses, and parking areas should provide different minimum levels of security.

(9)

The security of parking areas should be achieved by ensuring that the appropriate security equipment and procedures are in place around its perimeter, on the parking area itself and at entry and exit points. Staff procedures should also be in place to ensure that risk prevention measures are adopted, and to mitigate the consequences of incidents when they occur.

(10)

In order to provide transparency and certainty for users of safe and secure parking areas, parking areas should be certified by an independent certification body, in accordance with procedures defined at Union level. Certification procedures on audits, re-audits and unannounced audits for safe and secure parking areas should be clearly specified to ensure that parking area operators know how to apply for certification or re-certification. It should also be ensured that adequate procedures are deployed when it is found that a safe and secure parking area does not comply anymore with the level of service or security to which it has been certified.

(11)

Complaint mechanisms should be available to users of safe and secure parking areas to report on non-compliance.

(12)

Certification bodies should be able to issue audit certificates to the operators and also to communicate that information to the Commission, so that the list of safe and secure parking areas on the relevant official website can remain up-to-date.

(13)

To take into account the fast development of digital technologies and to continuously improve working conditions of drivers, the Commission should assess the relevance of reviewing the harmonised standards and certification procedures no later than four years after the adoption of this act,

HAS ADOPTED THIS REGULATION:

Article 1

Security and service levels

In order to be certified as a safe and secure parking area referred to in Article 8a(1) of Regulation (EC) No 561/2006, a parking area shall fulfil the following standards

(a)

all of the standards on the minimum level of service set out in Section A of Annex I to this Regulation;

(b)

all of the standards of one of the security levels set out in Section B of Annex I to this Regulation.

Article 2

Certification procedures

The certification of parking areas as safe and secure parking area referred to in Article 8a(1) of Regulation (EC) No 561/2006 shall comply with the standards and procedures set out in Annex II to this Regulation.

Article 3

Revision clause

No later than on 7 April 2026, the Commission shall assess whether the standards and certification procedures provided in Annexes I and II need to be amended in light of the existing technological developments, and in order to continuously improve working conditions of drivers.

Article 4

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 April 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 102, 11.4.2006, p. 1.

(2)  Commission Study on safe and secure parking places for trucks (2019). Available at:

https://sstpa.eu-study.eu/download/19/final-report/1188/final-report-sstpa-28022019-isbn.pdf


ANNEX I

UNION STANDARDS DETAILING THE LEVEL OF SERVICE AND SECURITY OF SAFE AND SECURE PARKING AREAS

A.   Minimum level of service

Safe and secure parking areas certified to Union standards shall meet the minimum level of services described in Table 1.

Table 1

Gender-friendly sanitary facilities

Separate toilets and showers for male and for female users shall be available and working. Showers shall provide warm water.

Water taps shall be available and working and providing warm water. Hand soap shall be provided free of charge.

Waste bins shall be available on site and be regularly emptied.

Toilets, showers and water basins shall be cleaned and checked daily at regular intervals. The cleaning schedule shall be displayed.

Food and beverage purchasing and consumption options

Snacks and drinks shall be available for purchase 24 hours a day, 7 days a week.

A dining area for drivers shall be available.

Communication connections

Internet connection shall be available free of charge.

Power supply

Electrical sockets shall be available for personal use.

By 31 December 2026, electric power facilities for refrigerated road transport vehicles shall be available on-site.

Emergency contact points and procedures

Clear signs shall be provided in order to ensure safe traffic movement at the parking facility.

Emergency contacts shall be displayed at the parking facility at least in the national official language and in English. They shall be supported by easily understandable pictograms.

B.   Levels of security

1.

Safe and secure parking areas certified to Union standards shall meet the criteria set out under one of the security levels described in Tables 2 to 5.

2.

Safe and secure parking areas shall ensure that the equipment and procedures listed under each level of security are fully operational.

3.

The standards set out in this Regulation are without prejudice to national legislation related to the tasks that have to be performed by licensed and trained, in-house or external, security staff. All security staff shall also have received adequate training when the national legislation so requires.

4.

The periods for retaining data collected via video surveillance (CCTV) are without prejudice to national law or Union legislation in that area. They shall apply to any mandatory and voluntary requirements under these standards.

5.

The lighting values (Lux) indicated in the different security levels shall be average values.

6.

Without prejudice to national law establishing additional requirements on training, operators of safe and secure parking areas shall ensure that their on-site and remote staff operating on safe and secure parking areas, as well as the parking manager, attend a training on the Union standards for safe and secure parking areas. New staff shall take that training within the 6 months following their entry into service. The training shall cover the following topics:

staff training and supervision;

incident management;

surveillance and monitoring;

technology.

7.

Safe and secure parking areas shall display on-site the information for users on how to submit a complaint to the relevant certification body.

a.   Bronze level

Table 2

BRONZE LEVEL

Perimeter

The perimeter of the safe and secure parking area shall be secured via a visual deterrent. The visual deterrent shall be located on the ground to indicate the perimeter of the safe and secure parking area and that only freight vehicles and authorised vehicles are allowed in the parking area.

The perimeter of the safe and secure parking area shall be lit at 15 Lux.

Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.

Parking area

Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area.

Physical or remote surveillance checks shall be conducted minimum once every 24 hours.

Any vegetation in the parking area shall be trimmed to ensure good visibility.

Any existing vehicle and pedestrian lanes of the parking area shall be lit at 15 Lux.

Entry/Exit

Entry and exit points of the safe and secure parking area shall be lit at 25 Lux.

CCTV providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area.

The CCTV system shall have a minimum digital continuous recording (5 frames per second) or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels.

The safe and secure parking area operator shall carry out a CCTV routine check once a week, of which a record must be kept for one week. The safe and secure parking area operator shall carry out a functional CCTV system check at least every 48 hours.

The CCTV data shall be kept for a period of 30 days unless the applicable national or Union legislation requires a shorter retention period. In that case, the longest retention period permitted by law shall apply.

The safe and secure parking area shall have a CCTV warranty, service level agreement in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians.

Staff procedures

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan, which includes all aspects from risk prevention and mitigation to response in collaboration with law enforcement, shall be in place.

The safe and secure parking area shall appoint a person responsible for staff procedures in case of incidents. The safe and secure parking area staff must have access to a full list of local law enforcement at all times.

A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. That procedure shall be clearly displayed on the safe and secure parking area.

The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area.

b.   Silver level

Table 3

SILVER LEVEL

Perimeter

The perimeter of the safe and secure parking area shall be secured via at least a physical deterrent which hinders the passage and only allows entrance and exit of the safe and secure parking areas via the defined entry and exit points. The perimeter of the safe and secure parking area shall be secured via continuous video monitoring and recording as well as by a visual deterrent.

The CCTV system shall have a minimum continuous digital recording of 5 frames per second or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels.

The safe and secure parking area operator shall carry out a CCTV routine check every 72 hours, of which a record must be kept for one week.

The safe and secure parking area operator shall carry out a functional CCTV system check at least every 48h.

The CCTV data shall be kept for a period of 30 days unless the applicable national or Union legislation requires a shorter retention period. In that case, the longest retention period permitted by law shall apply.

The safe and secure parking area shall have a CCTV warranty, service level agreement in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians.

The perimeter of the safe and secure parking area shall be lit at 20 Lux.

Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.

Parking area

Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area.

Physical or remote surveillance checks shall be carried out minimum twice every 24 hours, and at least once during the day and once during the night.

Any existing vehicle and pedestrian lanes of the parking area shall be lit at 15 Lux.

Any vegetation in the parking area shall be trimmed to ensure good visibility.

Entry/Exit

Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by barriers. Those barriers shall be equipped with a voice intercom system and ticketing system.

CCTV providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at entry and exit points.

Staff procedures

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of users traffic safety conditions, crime rates and general security considerations.

The safe and secure parking area shall appoint a person responsible for staff procedures in case of incidents. The safe and secure parking area staff must have access to a full list of local law enforcement at all times.

A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. That procedure shall be clearly displayed on the safe and secure parking area.

The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area.

Assistance to users shall be available 24/7.

c.   Gold level

Table 4

GOLD LEVEL

Perimeter

The perimeter of the safe and secure parking area shall be secured by a physical barrier of at least 1,8 metres high. There shall be a clear zone of 1 metre between the barrier and the parking area.

Measures to prevent unintentional damage to the barriers shall be put in place.

The perimeter of the safe and secure parking area shall be lit at 25 Lux.

The entire perimeter of the safe and secure parking area shall be monitored by continuous video surveillance, leaving no blank spots.

The CCTV system shall have a minimum continuous recording of 5 frames per second or based on motion detection with pre-and post-recording and true day and night HD resolution cameras with 720 pixels.

The safe and secure parking area operator shall carry out a CCTV routine check every 48 hours, of which a record must be kept for one week.

The safe and secure parking area operator shall carry out a functional CCTV system check at least every 24 hours.

The CCTV data shall be kept for a period of 30 days unless the applicable national or Union legislation requires a shorter retention period. In that case, the longest possible retention period permitted by law shall apply.

The safe and secure parking area shall have a CCTV warranty or service level agreement with at least one service visit by a qualified specialised organisation per year in place, or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians.

The CCTV and access events shall be synchronised through a common noting software.

In case of a network outage all CCTV and access events shall be locally stored and uploaded once the connections are re-established to the central registration equipment.

Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.

Parking area

Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area.

Physical or remote surveillance checks shall be carried out minimum twice every 24 hours and at least once during the day and once during the night.

Lanes of the parking area and pedestrian lanes shall be marked and be lit at 15 Lux.

Any vegetation in the parking area shall be trimmed to ensure good visibility.

Entry/Exit

Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by barriers with under-climbing and over-climbing protection and traffic lights.

CCTV providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. The entry and exit points shall be equipped with license plate recognition technology. Records of entering and exiting vehicles shall be saved in accordance with the applicable national or Union legislation.

Entry and exit points of the safe and secure parking area shall be secured through intrusion prevention and detection mechanisms such as turnstiles for pedestrians at minimum 1,80 metres high. Points of access to services such as toilets, restaurants and shops shall be equipped with tripod turnstiles when there is a direct access between the parking area and those services.

Staff procedures

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of clients, traffic safety conditions, crime rates and general security considerations.

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a business continuity plan shall be in place. It shall include detailed measures on how to respond to disruptive incidents and maintain delivery of critical activities during an incident. The management of the safe and secure parking area shall be able to demonstrate the implementation of those measures.

A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. That procedure shall be clearly displayed on the safe and secure parking area.

Assistance to users shall be available 24/7

The reporting of incidents and crimes to the staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area.

A person responsible for staff procedures shall be appointed.

The parking area management system shall be prepared for DATEX II data transfer.

d.   Platinum level

Table 5

PLATINUM LEVEL

Perimeter

The perimeter of the safe and secure parking area shall be secured by means of a continuous barrier of at least 1,8 metres high with deterrents to climb over. There shall be a clear zone of 1 metre between the barrier and the parking area.

Measures to prevent intentional and unintentional damage to barriers shall be put in place.

The perimeter of the safe and secure parking area shall be lit at 25 Lux.

The entire perimeter of the safe and secure parking area shall be monitored by continuous video surveillance, leaving no blank spots.

The CCTV system shall have a minimum continuous digital recording of 5 frames per second or based on motion detection with pre- and post-recording and true day and night HD resolution cameras with 720 pixels.

The safe and secure parking area operator shall carry out a CCTV routine check every 48 hours, of which a record must be kept for one week.

The safe and secure parking area operator shall carry out a functional CCTV system check at least every 24 hours.

The CCTV data shall be kept for a period of 30 days unless the applicable national or Union legislation requires a shorter retention period. In this case, the longest possible retention period permitted by law shall apply.

The safe and secure parking area shall have a CCTV warranty or service level agreement with at least two service visits by a qualified specialised organisation per year in place or demonstrate own maintenance capabilities. The CCTV systems at the safe and secure parking area shall always be operated by qualified technicians.

The CCTV and access events shall be synchronised through a common noting software.

Security CCTV events on the parking shall be reviewed by personnel using web-based clients. In case of a network outage all CCTV and access events shall be locally stored and uploaded once the connections are re-established to the central registration equipment.

CCTV images shall be remotely controlled (24/7) by an external monitoring and alarm receiving centre, unless security staff is on site.

The CCTV system shall provide intrusion as well as over climbing alarms, and raise alarm by audio or light signalling on the parking as well as in monitoring and alarm receiving centres.

Any vegetation around the perimeter of the safe and secure parking area shall be trimmed to ensure good visibility.

Parking area

Appropriate signage shall indicate that only freight vehicles and authorised vehicles are allowed in the parking area.

Lanes of the parking area and pedestrian lanes shall be marked and be lit at 15 Lux.

Any vegetation in the parking area shall be trimmed to ensure good visibility.

The site shall be manned or video-controlled 24/7.

Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at the parking area.

Entry/Exit

Entry and exit points of the safe and secure parking area shall be lit at 25 Lux and be secured by gates with under-climbing and over-climbing protection or by barriers with over and under climbing protection supplemented by bollards.

CCTV providing good image quality shall be installed and working at all entry and exit points of the safe and secure parking area. Entry and exit points including pedestrian entry and exit points shall be monitored in real time.

Requirements for CCTV under the section ‘perimeter’ of this level of security shall also apply for the purpose of CCTV at entry and exit points.

Entry and exit points of the safe and secure parking area shall be secured through intrusion prevention and detection mechanisms such as turnstiles for pedestrians at minimum 1,80 metres high. Points of access to services such as toilets, restaurants and shops shall be equipped with tripod turnstiles when there is a direct access between the parking area and those services.

The entry and exit points of the safe and secure parking area shall be equipped with license plate recognition technology. When exiting the safe and secure parking area, the security staff shall verify if the license plate matches the entry and exit verification system identifier, e.g. tickets, RFID readers or QR codes. Records of vehicles entering and exiting the safe and secure parking area shall be saved in accordance with the applicable national or Union legislation.

The entry and exit points of the safe and secure parking area shall be secured via a two-step verification system comprising the checks of the licence plate and an additional relevant method chosen by the safe and secure parking area which would allow identification and verification of the drivers, any person accompanying a driver and any other authorised person entering the parking.

Any potential gatehouse shall be able to withstand an external attack, including a closing mechanism for the doors of the guardhouse.

Staff procedures

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a security plan shall be in place to examine the particular risks faced by the safe and secure parking area due to factors such as its location, types of clients, traffic safety conditions, crime rates and general security considerations.

Based on an annual risk assessment and without prejudice to national legislation establishing additional requirements, a business continuity plan shall be in place. It shall include detailed measures on how to respond to disruptive incidents and maintain delivery of critical activities during an incident. The management of the safe and secure parking area shall be able to demonstrate the implementation of those measures.

A procedure shall be in place for cases where unauthorised vehicles are parked in the safe and secure parking area. That procedure shall be clearly displayed on the safe and secure parking area.

Assistance to users shall be available 24/7

The reporting of incidents and crimes to the security staff and police shall be facilitated thanks to the display of a clear procedure at the safe and secure parking area.

A person responsible for staff procedures shall be appointed.

A technical user manual shall be used.

Alarm response procedures shall be put in place.

The parking area management system shall be prepared for DATEX II data transfer.

Secure pre-booking shall be available via phone, contact forms, email, apps or booking platforms. If pre-booking is offered via apps or similar booking systems, data transmission must happen in real time.


ANNEX II

CERTIFICATION STANDARDS AND PROCEDURES

A.   Certification bodies and training of auditors

1.

Only certification bodies and auditors meeting the requirements set out in this Annex shall be entitled to carry out the certification of safe and secure parking areas referred to in Article 8a(1) of Regulation (EC) No 561/2006.

2.

Certification bodies whose auditors carry out audits in view of certifying safe and secure parking areas in accordance with the standards set out in Annex I shall have a group accreditation in accordance with ISO 17021.

3.

Auditors carrying out certification audits in view of certifying safe and secure parking areas in accordance with the standards set out in Annex I shall have a contractual relationship with the certification body.

4.

In accordance with ISO 17021, certification bodies shall ensure that auditors carrying out audits in view of certifying safe and secure parking areas are properly trained.

5.

Auditors of certification bodies shall have successfully passed a training for auditors on the latest version of the standards set out in Annex I comprising a theoretical and practical part.

6.

Auditors of certification bodies shall have a good working knowledge of English as well as knowledge of the relevant local language of the Member State where they carry the audit.

7.

Certification bodies wishing to certify safe and secure parking areas shall forward the documents proving that they meet all the requirements under this Section to the Commission. If the certification body meets all the criteria set out under this Section, the name and contact details of that certification body shall be added to the official website referred to in Article 8a(1) of Regulation (EC) No 561/2006.

B.   Procedures on certification audits, unannounced audits and revocation of the safe and secure parking certificate

1.

Certification audits of safe and secure parking areas shall take place physically. Parking operators willing to be certified in accordance with the Union standards set out in Annex I shall make a request to a certification body to carry out a certification audit on their site.

2.

Three months before the end of validity of the certificate, operators of safe and secure parking areas wishing to renew the certification shall request the certification body of their choice to be re-audited. The re-certification audit shall be organised and the results notified to the parking operator before the expiry date of the current certificate.

3.

Where, due to exceptional circumstances that could have not been anticipated either by the certification body or by the operator of the safe and secure parking area, the certification body is unable to carry out the requested re-certification audit, the certification body may decide to extend the validity of the current certificate for up to six months. Such an extension may be renewed only once.

The reasons for such an extension shall be communicated to the Commission by the certification body and the relevant information shall be made available on the single official website referred to in Article 8a(1) of Regulation (EC) No 561/2006.

4.

During the period of validity of the certificate of the safe and secure parking area, the relevant certification body shall carry out at least one unannounced audit on the standards set out in Annex I.

5.

The certification body shall notify the results of the re-certification audits and of the unannounced audits to the operator of the safe and secure parking area without undue delay.

6.

If following a re-certification audit or unannounced audit the certification body establishes that the safe and secure parking area no longer satisfies one or more requirements covered by the certificate, it shall notify the operator of the details of the failures observed and suggest the measures to remedy them. The certification body shall allow the operator to address those failures within a period set by the auditor, taking into account the seriousness of the failure observed. The operator shall inform the certification body of the measures taken to remedy those deficiencies and provide all the necessary details before the end of the period.

7.

The certification body shall carry out the assessment of the remedy measures applied by the operator within 4 weeks. If it establishes that the safe and secure parking area satisfies all the minimum service requirements set out in Annex I and all the security requirements covered by the certificate, a new audit certificate for the requested level shall be issued. In the case of an unannounced audit, the same audit certificate shall continue to apply until its expiry.

8.

If the certification body establishes that the safe and secure parking area satisfies all the minimum service requirements set out in Annex I and the security requirements of a different security level than the one covered by the existing certificate, a new audit certificate reflecting the appropriate level of security shall be issued. In the case of an unannounced audit, a new audit certificate with the appropriate level of security shall be issued with the same expiry date that the audit certificate it replaces.

9.

If, following a re-certification audit or unannounced audit and the assessment of any subsequent remedy measures, the certification body establishes that the safe and secure parking area does not satisfy the minimum service requirements or does not satisfy one or more of the security requirements covered by the existing certificate, the certification body shall revoke the certificate. The certification body shall immediately notify the operator, who shall be responsible for removing any reference to the Union standards on safe and secure parking areas on its site.

10.

The safe and secure parking operator shall have the possibility to appeal to the certification body that carried out the audit where it disagrees with the outcome of the audit, in accordance with the ISO 17021 standard. After examination of the appeal, the certification body may decide not to revoke the audit certificate, or to issue a new audit certificate for a different level of security.

C.   Requirements to fulfil after the audit by certification bodies and provision of information

1.

Following the successful certification or re-certification audit, the certification body shall immediately issue the audit certificate to the parking operator, and shall send without delay a copy to the certified safe and secure parking area operator and to the Commission. It shall also inform the Commission when audit certificates have been revoked or when the level of security of safe and secure parking areas has changed following an audit. The audit certificate shall have a validity of three years.

2.

In accordance with Article 8a(1) of Regulation (EC) No 561/2006, the Commission shall ensure that the relevant information on safe and secure parking areas certified in accordance with the standards set out in Annex I to this Regulation are available and up-to-date on the single official website.

3.

The certification bodies shall set up an online complaint mechanism for users of safe and secure parking areas.

4.

For the purposes of Article 8a(4) of Regulation (EC) No 561/2006, certification bodies shall cooperate with the Commission in exchanging information and feedback collected in order to propose improvements or clarifications to the standards set out in Annex I to this Regulation, where relevant.


28.6.2022   

EN

Official Journal of the European Union

L 170/38


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1013

of 27 June 2022

imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and as extended to Vietnam and Lao People’s Democratic Republic following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 Regulation’), and in particular Article 11(2) thereof,

Whereas:

1.   PROCEDURE

1.1.   Previous investigation and measures in force

(1)

By Regulation (EC) No 119/97 (2), the Council imposed a definitive anti-dumping duty ranging from 32,5 % to 39,4 % on imports of certain ring binder mechanisms (‘RBM’) originating in the People’s Republic of China (the ‘PRC’ or ‘country concerned’) and a definitive anti-dumping duty of 10,5 % on imports originating in Malaysia. These duty rates were applicable to RBM other than those with 17 or 23 rings, while RBM with 17 and 23 rings were subject to a duty equal to the difference between the minimum import price (MIP of EUR 325 per 1 000 pieces) and the free-at-Community-frontier not cleared through customs price, whenever the latter was lower than the MIP.

(2)

By Regulation (EC) No 2100/2000 (3), the Council increased the above mentioned duties for Chinese RBM other than those with 17 or 23 rings, following an anti-absorption investigation pursuant to Article 12 of the basic Regulation. The amended duties applicable to such imports from the PRC ranged from 51,2 % to 78,8 %.

(3)

Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 1208/2004 (4), the Council extended the definitive anti-dumping measures to imports of certain RBM consigned from Vietnam, whether declared as originating in Vietnam or not.

(4)

By Regulation (EC) No 2074/2004 (5) the Council extended the definitive anti-dumping measures on imports of RBM originating in the PRC following an expiry review. No request for an expiry review had been received concerning the measures applicable to Malaysia, which consequently expired in January 2002.

(5)

Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 33/2006 (6), the Council extended the definitive anti-dumping measures to imports of certain RBM consigned from Lao People’s Democratic Republic (‘Laos’), whether declared as originating in Laos or not.

(6)

By Regulation (EC) No 818/2008 (7) and as a result of an anti-circumvention investigation, the Council extended the scope of the measures to certain slightly modified RBM.

(7)

Following an expiry review, the anti-dumping duties on imports of certain RBM were extended for five years in February 2010 by Implementing Regulation of the Council (EU) No 157/2010 (8), and following another expiry review, for another five years in May 2016 by Implementing Regulation of the Council (EU) 2016/703 (9) (the ‘measures in force’).

(8)

The anti-dumping duties currently in force are 51,2 % for one exporting producer and 78,8 % for all other exporting producers.

1.2.   Request for an expiry review

(9)

Following the publication of a Notice of impending expiry of the measures in force (10), the Commission received a request for the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

(10)

The request for review was lodged on 12 February 2021 by the Union producer Ring Alliance Ringbuchtechnik GmbH (‘the applicant’) representing more than 25 % of the total Union production of RBM. The request for review was based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and injury to the Union industry.

1.3.   Initiation of an expiry review

(11)

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, on 11 May 2021 the Commission initiated an expiry review with regard to imports of RBM originating in the People’s Republic of China and extended to Vietnam and Lao People’s Democratic Republic on the basis of Article 11(2) of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (11) (‘the Notice of Initiation’).

1.4.   Review investigation period and period considered

(12)

The investigation of continuation or recurrence of dumping covered the period from 1 January 2020 to 31 December 2020 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment the likelihood of continuation or recurrence of injury covered the period from 1 January 2017 to the end of the review investigation period (‘the period considered’).

1.5.   Interested parties

(13)

In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the applicant, other known Union producers, the known exporting producers and the PRC authorities, known importers, users, traders, as well as associations known to be concerned about the initiation of the expiry review and invited them to participate.

(14)

Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. None of the interested parties requested a hearing.

1.6.   Sampling

(15)

In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.

1.6.1.   No sampling of Union producers

(16)

In the Notice of Initiation, the Commission stated that the three known Union producers, IML Industria Meccanica Lombarda SRL, Koloman Handler Fémárugyár Magyarország Kft and Ring Alliance Ringbuchtechnik GmbH., had to submit the completed questionnaire within 37 days of the date of publication of the Notice of Initiation. The Commission also invited other Union producers and representative associations, if any, to make themselves known and request a questionnaire. No other Union producer or representative association came forward.

1.6.2.   Sampling of importers

(17)

To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation. No unrelated importers submitted the requested information. Consequently, the Commission decided that sampling was not necessary.

1.6.3.   Sampling of exporting producers in the People’s Republic of China

(18)

To decide whether sampling was necessary and if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the People’s Republic of China to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.

(19)

No exporting producers from the PRC provided the requested information and/or agreed to be included in the sample. Therefore, there was no cooperation from the Chinese producers and the findings with regard to the imports from the PRC are made on the basis of the facts available pursuant to Article 18 of the basic Regulation.

1.7.   Replies to the questionnaire

(20)

The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’).

(21)

The Commission sent the questionnaire to Union producers, unrelated importers and exporting producers. The same questionnaires were made available on DG Trade’s website (12) on the day of initiation.

(22)

Questionnaire replies were received from the Union producers Ring Alliance Ringbuchtechnik GmbH and Koloman Handler Kft., two parties belonging to the same group with one production facility and hereafter jointly referred to as ‘Ring Alliance Ringbuchtechnik GmbH’, and M.L. Industria Meccanica Lombarda S.r.l.

1.8.   Verification

(23)

The Commission sought and verified all the information deemed necessary for the determination of likelihood of continuation or recurrence of dumping and injury and of the Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:

Union producers:

Ring Alliance Ringbuchtechnik GmbH, Oroszlany, Hungary,

I.M.L. Industria Meccanica Lombarda S.r.l., Offanengo, Italy.

2.   PRODUCT UNDER REVIEW AND LIKE PRODUCT

2.1.   Product under review

(24)

The product under review is the same as in the previous expiry review, namely, certain ring binder mechanisms originating in the PRC, consisting of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the ring binder mechanism (the product under review). RBM are falling at the entry into force of Regulation (EU) 2016/703 under CN code ex 8305 10 00 (TARIC codes 8305100011, 8305100013, 8305100019, 8305100021, 8305100023, 8305100029, 8305100034 and 8305100035).

(25)

RBM are used in a wide range of applications, for example, in the production of software manuals, catalogues and brochures, technical manuals, office files, as well as presentation and other bound files and photo and stamp albums.

(26)

A large number of different types of RBM were sold in the Union during the review investigation period. The differences between these types were determined by the width of the base, the type of mechanism, the number of rings, the opening system, the nominal paper holding capacity, the ring diameter, the shape of the rings, the length and the ring spacing. Given the fact that all types have the same basic physical and technical characteristics and, within certain ranges, are interchangeable, it was established that all RBM constitute one single product for the purpose of the present proceeding. No comments were received in that regard.

2.2.   Like product

(27)

As shown in the investigation leading to the imposition of the measures in force (13), the following products have the same basic physical and technical characteristics as well as the same basic uses:

the product under review;

the product produced and sold on the domestic market of the country concerned; and

the product produced and sold in the Union by the Union industry.

These products are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation.

3.   CONTINUATION OF DUMPING

3.1.   Preliminary remarks

(28)

During the review investigation period, imports of the product under review from the PRC continued albeit at a much lower level than in the previous expiry review (i.e. from January 2014 to December 2014). According to Comext (Eurostat) imports of ring binder mechanisms from the PRC accounted for about 0,7 % of the Union market in the review investigation period compared to 2,3 % market share during the previous expiry review.

(29)

As mentioned in recital (19), none of the exporters/producers from PRC cooperated in the investigation. Therefore, the Commission informed the GOC that due to the absence of cooperation, the Commission might apply Article 18 of the basic Regulation concerning the findings with regard to the People’s Republic of China. The Commission did not receive any comments or requests for an intervention of the Hearing Officer in this regard.

(30)

Consequently, in accordance with Article 18 of the basic Regulation, the findings in relation to the likelihood of continuation or recurrence of dumping were based on facts available, in particular the information contained in the request for the expiry review, publicly available data for the two Turkish companies operating under NACE Rev2 code 2599, information provided by the applicant, information from the Turkish national statistics office, Eurostat’s Comext database, Global Trade Atlas, the OECD’s International Transport and Insurance Costs of Merchandise Trade (ITIC) website, the World Bank’s doing business website.

3.2.   Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation for the imports of ring binder mechanisms originating in the PRC

(31)

Given the sufficient evidence available at the initiation of the investigation tending to show, with regard to the PRC, the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission initiated the investigation on the basis of Article 2(6a) of the basic Regulation.

(32)

In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation, the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the Official Journal of the European Union. No questionnaire reply was received from the GOC and no submission on the application of Article 2(6a) of the basic Regulation was received within the deadline. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of the significant distortions in the PRC.

(33)

In point 5.3.2 of the Notice of Initiation, the Commission also specified that, in view of the evidence available, it may need to select an appropriate representative country pursuant to Article 2(6a)(a) of the basic Regulation for the purpose of determining the normal value based on undistorted prices or benchmarks. The Commission further stated that it would examine possible appropriate countries in accordance with the criteria set out in first indent of Article 2(6a) of the Basic regulation.

(34)

On 20 October 2021, the Commission informed by a note (‘the First Note’) interested parties on the relevant sources it intended to use for the determination of the normal value. In that note, the Commission provided a list of all factors of production (‘FOPs’) such as raw materials, labour and energy used in the production of the product under review. In addition, based on the criteria guiding the choice of undistorted prices or benchmarks, the Commission identified possible representative countries, namely Turkey as an appropriate representative country. The Commission received one comment from the applicant on the First Note.

(35)

On 7 February 2022, the Commission informed by a second note (‘the Second Note’) interested parties on the relevant sources it intended to use for the determination of the normal value, with Turkey as the representative country. It also informed interested parties of its intention to use the two Turkish companies, (D S C Otomotiv and Samet Kalip ve Madeni) who operate under NACE Rev2 code 2599 and produce products in the same general category as ring binder mechanisms as a basis to establish the SG&A and profit to construct normal value.

3.3.   Normal value

(36)

According to Article 2(1) of the basic Regulation, “the normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country”.

(37)

However, according to Article 2(6a)(a) of the basic Regulation, “in case it is determined [….] that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions within the meaning of point (b), the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks”, and “shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits” (“administrative, selling and general costs” is refereed hereinafter as ‘SG&A’).

(38)

As further explained below, the Commission concluded in the present investigation that, based on the evidence available and in view of the lack of cooperation of the GOC and the exporting producers, the application of Article 2(6a) of the basic Regulation was appropriate.

3.3.1.   Existence of significant distortions

(39)

In recent investigations concerning the steel sector in the PRC (14) – steel being the main factor of production for ring binder mechanisms – the Commission found that significant distortions in the sense of Article 2(6a)(b) of the basic Regulation were present. The Commission concluded in this investigation that, based on the evidence available, the application of Article 2(6a) of the basic Regulation was also appropriate.

(40)

In those investigations, the Commission found that there is substantial government intervention in the PRC resulting in a distortion of the effective allocation of resources in line with market principles (15). In particular, the Commission concluded that in the steel sector, which is the main raw material to produce the product under review, not only does a substantial degree of ownership by the GOC persist in the sense of Article 2(6a)(b), first indent of the basic Regulation (16), but the GOC is also in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation (17). The Commission further found that the State’s presence and intervention in the financial markets, as well as in the provision of raw materials and inputs have an additional distorting effect on the market. Indeed, overall, the system of planning in the PRC results in resources being concentrated in sectors designated as strategic or otherwise politically important by the GOC, rather than being allocated in line with market forces (18). Moreover, the Commission concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article 2(6a)(b), fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms afloat and when allocating land use rights in the PRC (19). In the same vein, the Commission found distortions of wage costs in the steel sector in the sense of Article 2(6a)(b), fifth indent of the basic Regulation (20), as well as distortions in the financial markets in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, in particular concerning access to capital for corporate actors in the PRC (21).

(41)

The request contained information on the distortions in the steel sector, in particular it referred to the recent findings in the anti-dumping investigations lead by the European Commission which confirmed the existence of distortions in the steel sector. The request further contained information on distortions in the non-ferrous metal sector, in particular concerning nickel which is an important raw material for the manufacturing of the product under review. Moreover, the request referred to the Commission’s report on significant distortions in China (22) (‘Report’), emphasising in particular the distortions in the labour market and in access to finance.

(42)

In the present investigation, the Commission examined whether it was appropriate or not to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the Report, which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in the PRC’s economy in general, but also the specific market situation in the relevant sector including the product under review. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in the PRC.

(43)

Specifically in the steel sector, which is the main raw material to produce the product under review, a substantial degree of ownership by the GOC persists. Many of the largest steel producers are owned by the State. Some are specifically referred to in the ‘Steel Industry Adjustment and Upgrading Plan for 2016-2020’. For instance, the Chinese State-owned Shanxi Taiyuan Iron & Steel Co. Ltd. (‘Tisco’) mentions on its website that it is “a super iron and steel giant”, which “developed into an extraordinary large-scale iron and steel complex, which is integrated with business of iron mining, iron and steel production, processing, delivery and trading” (23). Baosteel is another major Chinese State-owned enterprise that engages in steel manufacturing and is part of the recently consolidated China Baowu Steel Group Co. Ltd. (formerly Baosteel Group and Wuhan Iron & Steel) (24) . While the nominal split between the number of SOEs and privately owned companies is estimated to be almost even, from the five Chinese steel producers ranked in the top 10 of the world’s largest steel producers, four are SOEs (25). At the same time, while the top ten producers only took up some 36 % of total industry output in 2016, the GOC set the target in the same year to consolidate 60 % to 70 % of steel production to around ten large-scale enterprises by 2025 (26). This intention has been repeated by the GOC in April 2019, announcing a release of guidelines on steel industry consolidation (27). Such consolidation may entail forced mergers of profitable private companies with underperforming SOEs (28).

(44)

In addition, in the steel sector, many of the largest producers are specifically referred to in the ‘Steel Industry Adjustment and Upgrading Plan for 2016-2020’. For instance, Tisco mentions on its website that it is “a super iron and steel giant”, which “developed into an extraordinary large-scale iron and steel complex, which is integrated with business of iron mining, iron and steel production, processing, delivery and trading” (29).

(45)

Since the RBM sector is very fragmented and most producers are SOEs, it was impossible to establish the exact ratio of state owned vs. privately owned RBM producers during the investigation.

(46)

With a high share of SOEs in the steel sector, the main raw material to produce ring binding mechanisms, even privately owned producers are prevented from operating under market conditions. Indeed, both public and privately owned enterprises in the RBM sector are also subject to policy supervision and guidance as set out in recitals (47) to (53) below.

(47)

As to the GOC being in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation, the investigation did not look into individual companies, since the RBM sector is very fragmented and mostly consists of SMEs.

(48)

Furthermore, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article 2(6a)(b), third indent of the basic Regulation are in place in the RBM sector.

(49)

The steel industry, which is the main component for the production of RBMs, is regarded as a key industry by the GOC (30). This is confirmed in the numerous plans, directives and other documents focused on steel, which are issued at national, regional and municipal level such as the ‘Steel Industry Adjustment and Upgrading Plan for 2016-2020’. This Plan states that the steel industry is “an important, fundamental sector of the Chinese economy, a national cornerstone” (31). The main tasks and objectives set out in this Plan cover all aspects of the development of the industry (32).

(50)

The 13th Five-Year Plan on Economic and Social Development (33) envisages support to enterprises producing high-end steel product types (34). It also focuses on achieving product quality, durability and reliability by supporting companies using technologies related to clean steel production, precision rolling and quality improvement (35).

(51)

The ‘Catalogue for Guiding Industry Restructuring (2011 Version) (2013 Amendment)’ (36) (‘the Catalogue’) lists steel as encouraged industry.

(52)

The GOC further guides the development of the sector in accordance with a broad range of policy tools and directives related to, inter alia, market composition and restructuring, raw materials, investment, capacity elimination, product range, relocation, upgrading, etc. Through these and other means, the GOC directs and controls virtually every aspect in the development and functioning of the sector (37). The current problem of overcapacity is arguably the clearest illustration of the implications of the GOC’s policies and the resulting distortions.

(53)

In sum, the GOC has measures in place to induce operators to comply with the public policy objectives of supporting encouraged industries, including the production of steel as the main raw material used in the manufacturing of the ring binder mechanisms. Such measures impede market forces from operating freely.

(54)

The present investigation has not revealed any evidence that the discriminatory application or inadequate enforcement of bankruptcy and property laws according to Article 2(6a)(b), fourth indent of the basic Regulation in the steel sector referred to above in recital (40) would not affect the manufacturers of RBM.

(55)

The RBM sector is also affected by the distortions of wage costs in the sense of Article 2(6a)(b), fifth indent of the basic Regulation, as also referred to above in recital (40). Those distortion affect the sector both directly (when producing RBM or the main inputs), as well as indirectly (when having access to capital or inputs from companies subject to the same labour system in the PRC) (38).

(56)

Moreover, no evidence was submitted in the present investigation demonstrating that the RBM sector is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, as also referred to above in recital (40). Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.

(57)

Finally, the Commission recalls that in order to produce RBM, a number of inputs are needed. The PRC is one of the major producers of steel – the key raw material in the RBM production process. When the producers of RBM purchase/contract these inputs, the prices they pay (and which are recorded as their costs) are clearly exposed to the same systemic distortions mentioned above. For instance, suppliers of inputs employ labour that is subject to the distortions. They may borrow money that is subject to the distortions on the financial sector/capital allocation. In addition, they are subject to the planning system that applies across all levels of government and sectors.

(58)

As a consequence, not only are the domestic sales prices of RBM not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth. No evidence or argument to the contrary has been adduced by the GOC or the exporting producers in the present investigation.

(59)

As indicated in recital (29), the GOC did not comment or provide evidence supporting or rebutting the existing evidence on the case file, including the Report and the additional evidence provided by the complainant, on the existence of significant distortions and/or on the appropriateness of the application of Article 2(6a) of the basic Regulation in the case at hand.

(60)

In sum, the evidence available showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, and in the absence of any cooperation from the GOC, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as discussed in the following section.

3.3.2.   Representative country

3.3.2.1.   General remarks

(61)

The choice of the representative country was based on the following criteria pursuant to Article 2(6a) of the basic Regulation:

A level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank (39);

Production of the product under review in that country (40);

Availability of relevant public data in the representative country.

Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.

(62)

As explained in recitals (34) and (35), the Commission issued two notes for the file on the sources for the determination of the normal value: the first note on production factors of 20 October 2021 (the “First Note”) and the second note on production factors of 7 February 2022 (the “Second Note”). These notes described the facts and evidence underlying the relevant criteria, and addressed the comments received by the parties on these elements and on the relevant sources. In the Second Note, the Commission informed interested parties of its intention to consider Turkey as an appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation would be confirmed.

3.3.2.2.   A level of economic development similar to the PRC

(63)

In the First Note on production factors, the Commission identified Turkey and Thailand as countries with a similar level of economic development as the PRC according to the World Bank, i.e. they are all classified by the World Bank as ‘upper-middle income’ countries on a gross national income basis where production of the product under review or of a product in the same general category and/or sector of the product under review was known to take place.

(64)

There was one comment received on the note from the applicant. The applicant agreed that both countries were classified as upper middle-income countries. However, the applicant, in its response to the first Note, stated that based on decades of manufacturing and selling the product under review, they had no knowledge of companies in Turkey and Thailand producing ring binder mechanisms. Moreover, the applicant maintained there was confusion between the production of ring binders, i.e. a downstream product, and ring binder mechanisms, i.e. the metal part of the binder. Concerning the companies presented by the Commission as producers in Turkey and Thailand, the applicant commented that all the companies listed in the Note of 20 October were stationery companies producing the downstream product. The applicant explained that, in the request for review, it had chosen Turkey due to its size and economic development, well aware of the absence of RBM production in Turkey. Therefore, it had proposed companies with similar production methods, FOP and manufacturing elements based on NACE Rev2 code 2599.

(65)

As all countries where there is production of the product under review have a different level of economic development than the PRC, the Commission indicated it would use the production of a product in the same general product category, NACE Rev2 code 2599, to the product under review, to establish an appropriate representative country for the application of Article 2(6a) of the basic Regulation.

3.3.2.3.   Availability of relevant public data in the representative country

(66)

For the countries considered and mentioned above, the Commission further verified the availability of the public data, and in particular public financial data from the producers in the general category of NACE Rev2 code 2599.

(67)

The Commission further investigated the publicly available financial data of the companies identified by the applicant (NACE Rev2 code 2599). Though there are no products under review produced by these companies, they use similar FOPs in their manufacturing processes. The Commission found that only two of the six companies identified operated under the NACE Rev2 code 2599, namely D S C Otomotiv and Samet Kalip ve Madeni, both in Turkey. The Commission found that the two identified companies were profitable in the review investigation period. The comparatively high levels of SG&A and profit when using the weighted average of the two companies can be explained by the fact that both of these companies are major producers in their respective sectors. D S C Otomotiv supplies the automobile sector, while Samet Kalip is a major player in the global market of the furniture accessory industry. In any event, the Commission has not obtained any information suggesting that the levels of SG&A and profit of D S C Otomotiv and Samet Kalip would not be reasonable for the sector in which they operate.

(68)

The Commission also analysed the imports of the main factors of production into Turkey. The analysis of import data showed that the imports into Turkey of the major factors of production were not materially affected by imports from the PRC or any of the countries listed in Annex I to Regulation (EU) 2015/755 of the European Parliament and of the Council (41) and therefore Turkey could be used as an appropriate representative country.

(69)

In the light of the above considerations, the Commission informed the interested parties with the Second Note that it intended to use Turkey as an appropriate representative country, in accordance with Article 2(6a)(a), first indent of the basic Regulation in order to source undistorted prices or benchmarks for the calculation of normal value.

(70)

Interested parties were invited to comment on the appropriateness of Turkey as a representative country. No comments were received.

(71)

The initial selection of potential representative countries and of suitable companies with publicly available data does not prevent the Commission from supplementing or refining its selection and its research at a later stage, including by putting forward new suggestions in terms of potential representative countries. Indeed it is the very purpose of the Notes on factors of production to invite interested parties to comment on the Commission services’ preliminary research and, if warranted, to receive alternatives for the Commission services’ further consideration. The Notes contain a specific annex to guide parties in submitting information on possible additional representative countries and/or companies for the purpose of Article 2(6a)(a) of the basic Regulation.

3.3.2.4.   Level of social and environmental protection

(72)

Having established that Turkey was an appropriate representative country, based on all of the above elements, there was no need to carry out an assessment of the level of social and environmental protection in accordance with the last sentence of Article 2(6a)(a) first indent of the basic Regulation.

3.3.2.5.   Conclusion

(73)

In view of the above analysis, Turkey met the criteria laid down in Article 2(6a)(a), first indent of the basic Regulation in order to be considered as an appropriate representative country.

3.3.3.   Sources used to establish undistorted costs

(74)

In the First Note, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review by the exporting producers and invited the interested parties to comment and propose publicly available information on undistorted values for each of the factors of production mentioned in that note.

(75)

Subsequently, in the Second Note, the Commission stated that, in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use Global Trade Atlas (‘GTA’) to establish the undistorted cost of most of the factors of production, notably the raw materials and by-products. In addition, the Commission stated that it would use the National Statistics Office of Turkey (42) for establishing undistorted costs of labour and energy.

(76)

The Commission included in the calculation a value of manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. To establish this amount, it made use of the financial data of one of the Union producers that cooperated in the investigation and that provided specific information for that purpose (43), Koloman Handler Kft (‘KH’). The methodology is duly explained in Section 3.3.5.

(77)

Finally, as stated in the second Note, the Commission used the financial data from the selected Turkish companies mentioned in recital (67) to establish SG&A costs and profit.

3.3.4.   Undistorted costs and benchmarks

(78)

Through the two notes on production factors, the Commission sought to establish a list of factors of production and sources intended to be used to establish a full list of inputs such as materials, energy and labour used in the production of the product under review by the producers in the PRC. The Commission did not receive any comments concerning the list of factors of production.

(79)

In the absence of cooperation by the Chinese exporting producers in the review procedure, the Commission had to rely on the European producer KH in order to establish the factors of production used in the production of RBM. Based on data collected from the Chinese companies in the original investigation and information available on the websites of the Chinese RBM producers, their production process and the materials used appear to be similar to the ones provided by KH.

(80)

In the absence of cooperation, the Commission did not have more detailed commodity codes for each factor of production than 6-digit Harmonised System (‘HS’) codes.

(81)

Considering all the information submitted by KH and the absence of comments on the two notes on the sources for determination of the normal value concerning the factors of production, the following factors of production and HS codes, where applicable, have been identified:

Factors of production of RBM

Factors of Production

HS Code

Source of data

Unit undistorted value

Raw materials

Blank steel wire

7217 10

GTA

9,15 CNY/KG

Nickel coated steel strip

7226 99

GTA

12,71 CNY/KG

Blank steel strip

7211 23

GTA

4,52 CNY/KG

Labour

Labour

National Statistics Office, Turkey.

25,25 CNY/hour

Energy

Electricity

National Statistics Office, Turkey.

0,57 CNY/kWh

By-product/waste.

Waste and scrap of tinned iron or steel (excl. radioactive, and waste and scrap of batteries and electric accumulators).

7204 30

GTA

0,59 CNY/KG

3.3.4.1.   Raw materials

(82)

In order to establish undistorted prices of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis, for each raw material used in the production of RBM by KH, the weighted average import price to the representative country as reported in the GTA to which import duties and transport costs were added. The Commission verified the reported raw materials used and the relevant consumption ratios in the manufacturing of the product under review. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members of the WTO, listed in Annex I to Regulation (EU) 2015/755 (44). The data on imports statistics remained sufficiently representative after the exclusion of these imports. The Commission decided to exclude imports from the PRC into the representative country as it concluded in recital (60) that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices.

(83)

In order to establish the undistorted price of raw materials, delivered at the gate of the producer’s factory the Commission applied the import duty of the representative country, at the respective levels, depending on the country of origin of the imported volumes (45). The Commission added domestic transport cost calculated per kg on the basis of quotations for Istanbul-Kapikule border deliveries, as provided by the World Bank Doing Business Report (46).

3.3.4.2.   By-products

(84)

In the absence of cooperation by Chinese exporting producers in the review procedure, the Commission relied on the data provided by KH in order to specify by-products obtained in in the production of RBM. The company reported only one by-product: waste and scrap of tinned iron or steel.

(85)

In the absence of imports of the above item in Turkey, the Commission looked for an alternative benchmark source. On the basis of an extraction from the GTA, the Commission identified the biggest world exporter of the product in question – the United States of America (‘USA’). The benchmark was subsequently calculated as the weighted average unit export landed price (CIF + import duties in the countries with US imports) based on the USA’s exports to the rest of the world in the review investigation period.

3.3.4.3.   Labour

(86)

To establish the benchmark for labour costs, the Commission used publicly available Turkish national statistics, which includes employers’ taxes and levies (47).

(87)

The Commission used as a basis for calculation statistics from the Turkstat Data Portal, which provided detailed information hourly labour cost in different economic sectors by year. The Commission used as a benchmark figure reported for the NACE Rev2 code C.25 “Manufacture of fabricated metal products, except machinery and equipment”.

3.3.4.4.   Electricity

(88)

To establish the benchmark for electricity, the Commission used the industry’s electricity prices by consumption bands published on the website of the Turkish National Statistics Office (‘Turkstat’) (48).

(89)

The Commission used the quotation of the electricity price available in the Turkstat Data Portal, which provides half-year averages electricity unit prices. The Commission used as a benchmark an average of the industrial rates provided for the review investigation period.

3.3.5.   Manufacturing overhead costs, SG&A and profits

(90)

According to Article 2(6a)(a) of the basic Regulation, “the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits”. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.

(91)

Further to the factors of production in recital (81) above, the Commission calculated manufacturing overhead costs. In view of the lack of cooperation from the Chinese producers, the calculation of these manufacturing overhead costs was based on the ratio of manufacturing overhead divided by the cost of manufacturing reported by KH. This percentage was applied to the undistorted costs of manufacturing.

(92)

For SG&A and profit, the Commission used the financial data of the two Turkish producers listed in recital (67). The Commission first determined the percentage of SG&A and profit over the costs of goods sold (‘COGS’) for each producer. Then, an average SG&A and profit in the representative country (weighted by the companies’ turnover) was established. Publicly available audited accounts of these companies were made available to the interested parties as an attachment to the Second Note.

3.3.6.   Calculation of the normal value

(93)

On the basis of the above benchmarks, the Commission constructed the normal value according to the following methodology.

(94)

First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by the exporting producers, the Commission relied on the information provided by KH on the consumption of each factor of production (raw-materials, labour and energy) for the production of the product under review. These consumption volumes were multiplied by the undistorted costs per unit established in Turkey, as described in Section 3.3.4.

(95)

Second, to arrive to the undistorted costs of production, the Commission added the percentage of the manufacturing overheads determined as described in recital (90) to the undistorted costs of manufacturing.

(96)

Finally, in addition to the cost of production established as described in recital (95), the Commission applied the SG&A and profit in the representative country established as explained in recital (92). The SG&A and profit expressed as a percentage of COGS and applied to the undistorted costs of production amounted to 31,3 % and 24,7 % respectively.

(97)

The normal value, calculated as described in recitals (93) to (96), was reduced by the undistorted value of the by-product. Undistorted value of the by-product was established by multiplying the quantity sold in the review investigation period, as reported by KH, by its undistorted price per unit as established in Turkey, as described in section 3.3.4.2 above.

(98)

For certain products, the PRC applies a policy of reimbursing VAT only partially upon export. To ensure that the normal value is expressed at the same level of taxation as the export price, the normal value is adjusted upward by the part of VAT charged on exports of the product under review that was not refunded to the Chinese exporting producers. Data from the Chinese tax and custom administration website and data of Transcustoms (49) indicated that in the review investigation period, the VAT charged on exports of RBM was not fully refunded. The final normal value was therefore adjusted upward by 3 % accordingly.

(99)

On that basis, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation. Due to the fact that no exporting producer cooperated, the normal value is applicable on a countrywide basis.

3.4.   Export price and conclusion on continuation of dumping

(100)

In the absence of cooperation of Chinese exporting producers, the export price was determined on the basis of facts available in accordance with Article 18 of the basic Regulation.

(101)

Only 356 thousand pieces of RBM were imported from the PRC during the review investigation period according to Eurostat. This amount is negligible not only in light of total Union consumption, but also since, as explained in recital (26), a large number of different types of RBM were sold in the Union during the review investigation period. In the absence of cooperation from Chinese exporting producers, the Commission has no indication of the product mix within such small volumes of imports. For these reasons, the Commission concluded that these low volumes do not provide a sufficient basis for a finding on continuation of dumping and examined the likelihood of recurrence of dumping should the measures be allowed to lapse.

4.   LIKELIHOOD OF RECURRENCE OF DUMPING

(102)

Further to the conclusion of recital (101), the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of recurrence of dumping should the measures be repealed. The following elements were analysed: the existence of dumping based on exports to third countries, the production capacity and spare capacity in the PRC and the attractiveness of the Union market.

4.1.   Exports to third countries

(103)

Based on GTA imports statistics, the Commission identified four biggest importers of the RBM from the PRC during the review investigation period: Mexico, the USA, Malaysia and Vietnam (50). These four countries accounted for 61 % of the total “world” imports of the product under review from China.

(104)

With regard to Chinese exports of RBM to these four main markets, dumping calculations were made following the methodology described below.

4.1.1.   Normal value

(105)

To assess dumping from the PRC to third countries, the Commission used the normal value constructed as described in recitals (93) to (99).

4.1.2.   Export price

(106)

As there was no cooperation from the Chinese producers, the likely export price to the Union was estimated by analysing Chinese export prices to third countries in the review investigation period, based on the relevant country specific GTA import statistics.

(107)

Malaysia and Vietnam reported their import values only at CIF level. Therefore, the Commission adjusted the reported values to FOB level by deducting sea freight and insurance cost (51). This adjustment was not necessary for Mexico and the USA as imports values at FOB level were available.

(108)

In the second step FOB import values of all the four countries were adjusted to the ex-work level by deducting domestic transport cost in China (52).

4.1.3.   Comparison and dumping margins

(109)

The Commission compared the constructed normal value and the export prices to the third countries on an ex-work basis.

(110)

The above comparison showed countrywide dumping margins for the Chinese exports to the four countries, expressed as a percentage of their respective CIF values (53) as follows:

Country

% of total “world” imports of the product under review from the PRC

Dumping margin (%)

Mexico

35

37,6

USA

13

21,9

Malaysia

7

100,8

Vietnam

6

61,6

(111)

The average export price found during the review investigation period for each of the above countries would lead to a dumping margin of more than 20 % when compared to the normal value established in in section 3.3.6. This indicates that, if imports from the PRC would arrive in the Union at that level, such imports would be dumped.

4.2.   Production capacity and spare capacity in the PRC

(112)

Spare capacity in China, estimated at 375 million pieces according to the expiry review request, exceeds more than 7 times the total Union consumption of 40 million pieces – 60 million pieces during the review investigation period. Chinese capacity has been built up dramatically over the last decade, currently standing around 830 million pieces, which is well beyond its present output of 455 million pieces.

(113)

Based on the above, the Commission concluded that the Chinese exporting producers have significant spare capacities, which they could use to produce RBM to export to the Union if the measures were allowed to lapse.

4.3.   Attractiveness of the Union market

(114)

According to the GTA data, the Chinese exporting producers exported to their main third markets at prices which were 1,2 % to 32,5 % lower as compared to the average sales prices of the Union producers on the Union market. Taking into account this price level, exporting to the Union is potentially attractive for the Chinese exporters, as the expiry of the measures would allow them to sell at prices higher than those at which they export to other countries but still below the EU industry prices.

(115)

The Union market is also attractive to the Chinese producers in view of its size, as it is the largest market globally for some types of RBM according to the expiry review request.

4.4.   Conclusion on the likelihood of recurrence of dumping

(116)

In view of the above, the Commission concluded that there is a strong likelihood that dumping would recur if the current measures were allowed to lapse. In particular, the level of the normal value established in the PRC, the level of Chinese export prices to third country markets, the attractiveness of the Union market and the availability of significant production capacity in the PRC all point to a strong likelihood of recurrence of dumping in case the current measures would be allowed to lapse.

5.   INJURY

5.1.   Definition of the Union industry and Union production

(117)

The like product was manufactured by two producers in the Union during the investigation period: Ring Alliance Ringbuchtechnik GmbH (Oroszlany, Hungary) and I.M.L. Industria Meccanica Lombarda S.r.l. (Offanengo, Italy). They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

(118)

Both producers (the first of them being the applicant) have cooperated in the investigation. Since both companies together represented the total Union production of RBM in the review investigation period, they are considered to represent the Union industry within the meaning of Article 4(1) of the basic Regulation.

(119)

The total Union production during the review investigation period was established at around [40 000 – 60 000] pieces (54). The Commission established the figure on the basis of the questionnaire replies of the two producers. Because the micro- and macroeconomic figures were established on the basis of the data of two Union producers, the data was provided in ranges to ensure confidentiality.

5.2.   Union consumption

(120)

The Commission established the Union consumption on the basis of (a) the verified sales volumes of the like product by the Union industry into the Union market reported in the respective questionnaire replies of the Union producers, and (b) import volumes of RMBs (TARIC level) into the Union market reported in Eurostat and converted into pieces. Within the TARIC nomenclature valid at the entry into force of Regulation (EU) 2016/703, the Commission identified two groups of RBM:

RBM other than those with 17 or 23 rings (TARIC codes 8305100011, 8305100013, 8305100019 and 8305100034); and

RBM with 17 and 23 rings (TARIC codes 8305100021, 8305100023, 8305100029 and 8305100035).

(121)

In Eurostat, the unit of measurement for RBM is weight (KG). The Commission calculated a conversion factor for each of the above groups of RBM, on the basis of the verified production data of the Union industry. It used the conversion factors thus calculated to establish the relevant import volumes in pieces.

(122)

The calculation of these conversion factors was duly explained in a note for the file (55). In that note the Commission provided the source of the data it used to calculate the two conversion factors (Union industry sales figures for the review investigation period submitted in weight and unit) and the methodology applied (total weight of each product group’s Union sales divided by the corresponding number of pieces). No comments were received in respect of this note for the file.

(123)

Union consumption developed as follows:

Table 1

Consumption in Union market

Volume

2017

2018

2019

RIP

Index (2017 = 100)

100

95

86

69

Ranges (‘000 pcs)

70 000 – 90 000

60 000 – 80 000

60 000 – 80 000

40 000 – 60 000

Source: Eurostat and questionnaire replies

(124)

The review showed that Union consumption of RBM declined by 31 % over the period considered from around 70 – 90 million pieces in 2017 to 40 – 60 million pieces in the review investigation period (56).

(125)

The continued decline of the Union consumption is explained by digitalisation. However, the Union industry believes that the impact of digitalisation is in its last phase and that the market will gradually stabilize, especially for the main markets, i.e. the school market and the samples market. Moreover, the COVID-19 outbreak in 2020 resulted in an additional temporary decrease of demand in that year.

5.3.   Imports from the country concerned

5.3.1.   Volume and market share of the imports from the country concerned

(126)

The Commission established the volume of imports on the basis of Eurostat statistics, as duly explained in recital (120) above. Its market share was established by comparing imports to the Union consumption as set out in table 1.

(127)

Imports from the country concerned developed as follows:

Table 2

Import volume and market share

 

2017

2018

2019

RIP

PRC index (2017 = 100)

100

89

35

39

PRC ranges (‘000 pcs)

800 – 1 300

800 – 1 300

300 – 800

300 – 800

Market share ranges (%)

1 – 3

0,5 – 2,5

0,2 – 2,2

0,5 – 2,5

Market share index (2017 = 100)

100

93

41

57

Source: Eurostat and the note for the file

(128)

The volume of imports of RBM originating in the PRC remained at a very low level throughout the period considered and fluctuated around a market share of 1 %.

5.3.2.   Prices of the imports from the country concerned and price undercutting.

(129)

Since there was no cooperation from exporting producers in the PRC, and in view of the very low quantities imported in the Union from the PRC as explained in recital (101), no reliable import prices could be established during the review investigation period and therefore it was not possible to perform a meaningful calculation of price undercutting.

(130)

Under these circumstances, the Commission determined the price undercutting by imports from the PRC during the review investigation period by comparing:

(1)

the weighted average prices of the product under review produced in the PRC and sold to its main export markets, as explained in recitals (106)-(107), established on a CIF basis, with appropriate adjustments for the conventional rate of customs duty (2,7 %) and post-importation costs (2 %), and

(2)

the corresponding weighted average sales prices of the product under review of the Union producers charged to unrelated customers on the Union market, adjusted to ex-works level.

(131)

The result of the comparison was expressed as a percentage of the Union producers’ turnover during the review investigation period. It showed undercutting of up to 32,5 % depending on the prices to the main export markets used. Similar levels of undercutting on the Union market are expected should the measures be allowed to lapse.

5.4.   Volumes and prices of imports from third countries other than the PRC

(132)

The Commission established the volumes and prices of imports applying the same methodology as for the PRC (see recital (126)).

(133)

The volume of imports from third countries developed over the period considered as follows:

Table 3

Imports from third countries

Country

Import volume

2017

2018

2019

RIP

Cambodia

Index (2017 = 100)

100

100

64

58

Ranges (‘000 pcs)

10 000 – 15 000

10 000 – 15 000

5 000 – 10 000

4 000 – 9 000

Market share (%)

15 -17

16 – 18

10 -12

12 – 14

Average price (EUR/000pcs)

154

145

146

148

India

Index (2017 = 100)

100

121

75

42

Ranges (‘000 pcs)

10 000 – 15 000

13 000 – 18 000

8 000 – 13 000

4 000 – 9 000

Market share (%)

16 – 18

19 – 21

13 – 15

9 – 11

Average price (EUR/000pcs)

153

136

147

143

Others

Index (2017 = 100)

100

18

5

29

Ranges (‘000 pcs)

100 – 600

50 – 550

10 – 510

50 – 550

Market share (%)

0,3 – 1

0,1 – 0,5

0,1 – 0,5

0,2 – 0,7

Average price (EUR/000pcs)

210

489

1 301

438

Total

Index (2017 = 100)

100

109

68

50

Ranges (‘000 pcs)

23 000 – 28 000

25 000 – 30 000

15 000 – 20 000

10 000 – 15 000

Market share (%)

30 – 35

35 – 40

25 – 30

23 – 28

Average price (EUR/000pcs)

154

141

148

149

Source: Eurostat and expiry review request

(134)

During the whole period considered the main exporting countries of RBM to the Union were India and Cambodia. Imports from these countries held significant shares of the Union market over the whole period considered, ranging between 10 % and 16 %. It should however also be noted that the volumes and market share of imports from India and Cambodia strongly decreased over the period considered. Prices of such imports also decreased, and the Union industry has not provided any evidence that such imports are dumped on the Union market.

(135)

The imports from the other third countries are negligible. Thailand, once the second largest exporter to the Union, almost disappeared from the market.

5.5.   Economic situation of the Union industry

5.5.1.   General remarks

(136)

In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.

(137)

As mentioned in recital (16), no sampling was used for the determination of possible injury suffered by the Union industry. Consequently, for the injury determination, the Commission did not distinguish between macroeconomic and microeconomic injury indicators because all the Union producers cooperated in the review.

(138)

In order to respect confidential business information, it has been necessary to present information concerning the two Union producers in ranges. Presenting the exact figures would allow either Union producer to calculate the exact production figures of the other producer, and there would be a risk that other market operators possessing market data would be able to do so likewise.

5.5.2.   Production, production capacity and capacity utilisation

(139)

The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

Table 4

Production, production capacity and capacity utilisation

 

2017

2018

2019

RIP

Production ‘000 pcs (index 2017 = 100)

100

97

92

78

Production ‘000 pcs (ranges)

50 000 – 60 000

49 000 – 59 000

48 000 – 58 000

40 000 – 50 000

Production capacity (index 2017 = 100)

100

100

100

100

Production capacity (ranges)

80 000 – 90 000

80 000 – 90 000

80 000 – 90 000

80 000 – 90 000

Capacity utilisation (index 2017 = 100)

100

97

92

78

Capacity utilisation rate (ranges) (%)

60 – 70

58 – 68

55 – 65

50 – 60

Source: Questionnaire replies

(140)

The production of the Union industry declined by 22 % over the period considered. This trend followed the trend in the consumption although the drop in the production output of the Union industry was lighter than the drop in consumption. Over the period considered, the Union industry experienced the same decrease by 22 % in the capacity utilisation rate, as capacity itself remained stable. The capacity utilisation rate reached a record low level of 50 % to 60 % in absolute terms in the review investigation period.

5.5.3.   Sales volume and market share

(141)

The Union industry’s sales volume and market share developed over the period considered as follows:

Table 5

Sales volume and market share

 

2017

2018

2019

RIP

Total sales volume on the Union market – unrelated customers (index 2017 = 100)

100

89

97

80

Total sales volume on the Union market – unrelated customers (ranges)

40 000 – 50 000

35 000 – 45 000

40 000 – 50 000

35 000 – 45 000

Market share (index 2017 = 100)

100

93

112

115

Market share (ranges) (%)

63 – 68

58 – 63

70 – 75

72 – 77

Source: Questionnaire replies

(142)

Sales volumes of the Union industry to unrelated customers decreased by 21 % over the period considered. Although the main reason of this decrease was the simultaneous decrease in consumption, the drop in sales volumes was less pronounced than the drop in the consumption and in the imports from the third countries of the product under review. As a result, the market share of the Union industry increased by 15 % over the period considered and amounted to 70 % – 80 % in the review investigation period.

5.5.4.   Prices and factors affecting prices

(143)

The weighted average unit sales prices of the Union producers to unrelated customers in the Union and the unit cost of production developed over the period considered as follows:

Table 6

Sales prices in the Union and Cost of production

 

2017

2018

2019

RIP

Weighted average unit sales price in the Union on the total market (index 2017 = 100)

100

100

92

93

Weighted average unit sales price in the Union on the total market (EUR/’000pcs)

170 – 200

175 – 205

150 – 180

155 – 185

Unit cost of production (index 2017 = 100)

100

103

99

98

Unit cost of production (ranges)

160 – 190

165 – 195

148 – 178

150 – 180

Source: Questionnaire replies

(144)

The decrease of the weighted average unit sales prices, by 7 %, was much more pronounced than the slight drop in cost of production.

(145)

The Union industry’s average sales prices followed the trend of the weighted average Union sales prices of the main exporting countries of RBM to the Union, as reported in table 3. Despite the low capacity utilisation, the average cost of production slightly decreased over the period considered, mainly due to decrease in labour costs following the restructuring efforts by the Union producers.

5.5.5.   Employment and productivity

(146)

Employment, productivity and average labour costs of the Union producers developed over the period considered as follows:

Table 7

Employment and productivity

 

2017

2018

2019

RIP

Number of employees (index 2017 = 100)

100

88

83

80

Number of employees (FTE ranges)

150 – 200

130 – 180

120 – 170

115 – 165

Labour Productivity (unit/employee – index 2017 = 100)

100

110

111

98

Labour Productivity (unit/employee – ranges)

320 – 370

360 – 410

365 – 415

300 – 350

Average labour costs per employee (index 2017 = 100)

100

102

107

96

Average labour costs per employee (ranges)

18 000 – 22 000

19 000 – 23 000

20 000 – 24 000

17 000 – 21 000

Source: Questionnaire replies

(147)

The employment in full time equivalent has decreased over the period considered by 22 %, which is a result of continuing restructuring of the Union industry in order to face the changing market circumstances. At the same time, due to these continuous restructuring efforts, the Union industry’s labour productivity remained stable over the period considered in spite of the pronounced drop of the production as shown in table 4.

(148)

Average labour costs per employee steadily increased from 2017 to 2019 and then dropped strongly, by 4 % as compared to 2017, in the review investigation period, mainly due to temporary measures in view of the COVID-19 pandemic.

5.5.6.   Inventories

(149)

Stock levels of the two Union producers developed over the period considered as follows:

Table 8

Inventories

 

2017

2018

2019

RIP

Closing stocks (index 2017 = 100)

100

118

109

112

Closing stocks (ranges)

25 000 – 35 000

30 000 – 40 000

25 000 – 35 000

27 000 – 37 000

Closing stocks as a percentage of production (index 2017 = 100)

100

121

118

144

Closing stocks as a percentage of production (ranges) (%)

40 – 50

50 – 60

48 – 58

60 – 70

Source: Questionnaire replies

(150)

The Union industry’s year-end stock levels increased by 12 % in the period considered. However, taking into account the simultaneous decrease in production, stocks were at a relatively high level throughout the period considered, which was considered as normal by the Union producers in order to allow flexibility to react to demand and especially to seasonal fluctuations.

5.5.7.   Profitability, cash flow, investments, return on investments and ability to raise capital

(151)

Profitability, cash flow, investments and return on investments of the Union producers developed over the period considered as follows:

Table 9

Profitability, cash flow, investments and return on investments

 

2017

2018

2019

RIP

Profitability of sales in the Union to unrelated customers (% of sales turnover indexed) (index 2017 = 100)

100

141

114

72

Profitability of sales in the Union to unrelated customers (% of sales turnover – ranges)

3 – 8

5 -10

4 – 9

2 – 7

Cash flow (index 2017 = 100)

100

63

99

72

Investments (index 2017 = 100)

100

62

45

40

Return on investments (index 2017 = 100)

100

100

87

53

Return on investments (ranges) (%)

8 – 13

8 – 13

7 – 12

5 – 10

Source: Questionnaire replies

(152)

The Commission established the profitability of the Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. From 2017 to 2019, the Union industry’s profit fluctuated around the minimum level of profitability to be expected under normal conditions of competition according to Article 7(2c) of the basic Regulation (6 %). In the review investigation period it dropped however far below that level. The decrease in profitability is mainly due the decrease in sales price.

(153)

The net cash flow is the ability of the Union producers to self-finance their activities. The Union industry managed to maintain positive cash flow over the period considered although it decreased in the review investigation period by 28 % as compared to 2017.

(154)

The investigation showed that the Union industry was not able to maintain its level of investment over the period considered. Investments decreased by 60 % in the review investigation period as compared to 2017. Moreover, the current investments concern maintenance and not machineries to increase production.

(155)

The return on investments is the profit in percentage of the net book value of investments. The Union industry also managed to maintain positive return on investments over the period considered although it decreased in the review investigation period by 47 % as compared to 2017.

(156)

The Union producers’ ability to raise capital was not reported as a difficulty during the period considered.

5.5.8.   Magnitude of the dumping margin and recovery from past dumping

(157)

As explained in recital (101), imports from the PRC in the review investigation period do not provide a sufficient basis for a finding on continuation of dumping. Anti-dumping measures against RBM are in place since 1997 and the Union industry has since then continuously been confronted with related unfair trade practices, resulting in additional investigations and several extensions of the measures (see recitals (1) to (7)). The indicators presented above demonstrate that the continuous dumping, circumvention and absorption practices from the past have weakened the Union industry which therefore remains vulnerable to the injurious effects of any dumped imports on the Union market.

5.5.9.   Export performance of the Union industry

(158)

The volume of exports of the Union producers developed over the period considered as follows:

Table 10

Export performance of the Union producers

 

2017

2018

2019

RIP

Export volume ‘000 pcs (index 2017 = 100)

100

117

89

77

Export volume ‘000 pcs (ranges)

6 000 – 10 000

7 000 – 11 000

5 000 – 9 000

4 000 – 8 000

Average price (index 2017 = 100)

100

79

89

85

Average price EUR/’000 pcs (ranges)

200 – 250

150 – 200

180 – 240

170 – 230

Source: Questionnaire replies

(159)

Export volumes of the Union industry to the unrelated customers decreased by 23 % over the period considered. The Union industry’s exports represented 10 % – 15 % of the total Union industry sales over the period considered.

(160)

Average unit export price to the unrelated customers decreased twice more than the decrease of the average unit sales price in the Union on the total market over the period considered.

5.5.10.   Conclusion on the situation of the Union industry

(161)

The volume of imports of RBM originating in PRC remained very low during the period considered.

(162)

The review showed that the continuation of the measures as from 1997 and the low volume of low-priced dumped imported products from the PRC allowed the Union industry to maintain a positive profitability throughout the period considered. Nevertheless, the profitability achieved was low and well below 6 % in the review investigation period.

(163)

The injury indicators show that the economic situation of the Union industry is difficult, in a context of worldwide competition and declining consumption. The Union industry has responded to these challenges by restructuring its employment.

(164)

The indicators examined demonstrate that the anti-dumping measures have achieved their intended result of removing the injury suffered by the Union producers.

(165)

On the basis of the above, the Commission concluded at this stage that the Union industry did not suffer material injury within the meaning of Article 3(5) of the basic Regulation.

6.   LIKELIHOOD OF RECURRENCE OF INJURY IF THE MEASURES WERE TO BE REPEALED

(166)

As the Commission concluded that the Union industry did not suffer material injury during the review investigation period, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury from the dumped imports from the PRC if the measures were allowed to lapse. On the basis of the above-described trends, it appears that the anti-dumping measures have achieved their intended result of removing the injury suffered by the Union producers.

(167)

In that regard, the Commission examined the production capacity and spare capacity in the country concerned, the attractiveness of the Union market, and the likely impact of imports from the country concerned on the situation of the Union industry should the measures be allowed to lapse.

6.1.   Spare production/processing capacity

(168)

As mentioned in recital (113), Chinese exporters have significant spare capacity to increase their exports rapidly. Their spare capacity is estimated around 375 million pieces, which is more than seven times the consumption within the Union.

6.2.   Attractiveness of the Union market

(169)

Chinese exporting producers have engaged in a number of different unfair trade practices to circumvent the measures against imports of Chinese RBM, as explained in recitals (3), (5) and (6) above. Moreover, the investigation showed that prices on the Union market are higher as compared to prices on third country markets, as described in recital (114).

(170)

All the above points to the fact the Union market is considered an attractive market by the Chinese exporting producers and it is likely that significant quantities currently exported to other countries as well as production from some of the existing spare capacity would be directed to the Union market in the event of the anti-dumping measures being allowed to lapse.

6.3.   Impact of a new influx of dumped imports from the PRC on the situation Union industry should the measures be allowed to lapse

(171)

If measures were allowed to lapse, an increase in imports from the country concerned is expected, due to the existing spare capacities and the attractiveness of the Union market as set out in recitals (168) to (170). These imports are likely to be undercutting the prices of the Union industry or at least put a heavy downward pressure on the non-injurious price level of the Union industry, as set out in recitals (129) to (131).

(172)

With the likely arrival of large quantities of Chinese imports at dumped prices, the Union industry would be forced to reduce its production or further lower its prices as compared to its costs. The Union industry already finds itself in a fragile situation with modest profitability levels, as explained in recitals (162) and (163). Therefore, it is not in a position to either further lower its prices or to sacrifice sales volumes without putting its viability at risk.

6.4.   Conclusion on likelihood of recurrence of material injury

(173)

In view of the above, the Commission concluded that the expiry of the measures would in all likelihood result in recurrence of material injury to the Union industry. Indeed, in the absence of measures, the likely significant increase of dumped imports from the PRC at prices undercutting the Union industry prices, would further aggravate the already fragile economic situation of the Union industry and, consequently, put its viability at risk.

7.   UNION INTEREST

7.1.   Introduction

(174)

In accordance with Article 21 of the basic Regulation, the Commission examined whether the maintenance of the measures would be against the Union interest as a whole. The determination of the Union interest was based on an appreciation of the various interests involved, namely those of the Union industry, of importers and users.

(175)

All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

(176)

On this basis, the Commission examined whether, despite the conclusions on the likelihood of recurrence of dumping and the likelihood of recurrence of injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures.

7.2.   Interest of the Union industry

(177)

As concluded in recital (165), the Union industry is not anymore injured but in a fragile state. In such situation, the Union industry cannot cope with a removal of the measures, which is likely to result in a strong increase of dumped imports. A repeal of the measures would therefore put the industry’s viability at stake. The continuation of the measures, therefore, is in the interest of Union industry.

7.3.   Interest of unrelated importers and users

(178)

All known unrelated importers and users were informed about the initiation of the review. However, the Commission received no cooperation from unrelated importers and users. One unrelated importer came forward and was registered as an interested party, but that party did not make any submissions for the file.

(179)

Therefore, there were no indications that the maintenance of the measures would have a negative impact on the users and/or importers outweighing the positive impact of the measures.

7.4.   Conclusion on Union interest

(180)

On the basis of the above, the Commission concluded that there were no compelling reasons showing that it was not in the Union interest to maintain measures on imports of certain ring binder mechanisms originating in the People’s Republic of China.

8.   ANTI-DUMPING MEASURES

(181)

On the basis of the conclusions reached by the Commission on continuation or recurrence of dumping, recurrence of injury and Union interest, the anti-dumping measures on certain ring binder mechanisms originating in the People’s Republic of China should be maintained.

(182)

To minimize the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(4) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’.

(183)

While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(4) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.

(184)

Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty.

(185)

The individual company anti-dumping duty rates specified in Article 1(3) of this Regulation are exclusively applicable to imports of the product under review originating in the PRC and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’. They should not be subject to any of the individual anti-dumping duty rates.

(186)

A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission (57). The request must contain all the relevant information demonstrating that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European Union.

(187)

All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. All parties were also granted a period to make representations subsequent to this disclosure and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. The submissions and comments were duly taken into consideration.

(188)

In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (58), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

(189)

The Committee established by Article 15(1) of Regulation (EU) 2016/1036 delivered a positive opinion,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is imposed on imports of certain ring binder mechanisms, currently falling under CN code ex 8305 10 00 (TARIC codes 8305100019, 8305100029, 8305100039, and 8305100042) and originating in the People’s Republic of China.

2.   For the purpose of this Article, ring binder mechanisms shall consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the ring binder mechanism.

3.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, shall be as follows:

(a)

for mechanisms with 17 and 23 rings (TARIC codes 8305100029 and 8305100042), the amount of duty shall be equal to the difference between the minimum import price of EUR 325 per 1 000 pieces and the net, free-at-Union-frontier price, before duty;

(b)

for mechanisms other than those with 17 or 23 rings (TARIC codes 8305100019 and 8305100039):

 

Rate of duty (%)

TARIC additional code

People’s Republic of China:

World Wide Stationery Mfg, Hong Kong, People’s Republic of China

51,2

8 934

all other companies

78,8

8 900

4.   The application of the individual duty rate specified for the company mentioned in paragraph 3 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of ring binder mechanisms sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to ‘all other companies’ shall apply.

5.   The definitive anti-dumping duty applicable to imports originating in in the People’s Republic of China as set out in paragraph 3, is extended to imports of the same certain ring binder mechanisms consigned from Vietnam, whether declared as originating in Vietnam or not (TARIC codes 8305100011, 8305100021, 8305100037 and 8305100040) and to imports of the same certain ring binder mechanisms consigned from Lao People’s Democratic Republic, whether declared as originating in Lao People’s Democratic Republic or not (TARIC codes 8305100013, 8305100023, 8305100038 and 8305100041).

6.   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447 (59), the minimum import price set out in paragraph 3 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced minimum import price and the reduced net, free-at-Union-frontier price, before customs clearance.

Article 2

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

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, 27 June 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 176, 30.6.2016, p. 21.

(2)  Council Regulation (EC) No 119/97 of 20 January 1997 imposing definitive anti-dumping duties on imports of certain ring binder mechanisms originating in Malaysia and the People’s Republic of China and collecting definitively the provisional duties imposed (OJ L 22, 24.1.1997, p. 1).

(3)  Council Regulation (EC) No 2100/2000 of 29 September 2000 amending Regulation (EC) No 119/97 imposing a definitive anti-dumping duty on imports of ring binder mechanisms originating in the People’s Republic of China (OJ L 250, 5.10.2000, p. 1).

(4)  Council Regulation (EC) No 1208/2004 of 28 June 2004 extending the definitive anti-dumping measures imposed by Regulation (EC) No 119/97 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam (OJ L 232, 1.7.2004, p. 1).

(5)  Council Regulation (EC) No 2074/2004 of 29 November 2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China (OJ L 359, 4.12.2004, p. 11).

(6)  Council Regulation (EC) No 33/2006 of 9 January 2006 extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic (OJ L 7, 12.1.2006, p. 1).

(7)  Council Regulation (EC) No 818/2008 of 13 August 2008 amending Regulation (EC) No 2074/2004 imposing a definitive antidumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by that Regulation by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not (OJ L 221, 19.8.2008, p. 1).

(8)  Implementing Regulation of the Council (EU) No 157/2010 of 22 February 2010 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 (OJ L 49, 26.2.2010, p. 1).

(9)  Implementing Regulation of the Council (EU) 2016/703 of 11 May 2016 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 122, 12.5.2016, p. 1).

(10)  Notice of impending expiry of certain anti-dumping measures (OJ C 331, 7.10.2020, p. 14).

(11)  Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People’s Republic of China and extended to Vietnam and Lao People’s Democratic Republic (OJ C 183, 11.5.2021, p. 8).

(12)  https://trade.ec.europa.eu/tdi/case_details.cfm?id=2526

(13)  See Implementing Regulation (EU) No 157/2010.

(14)  Commission Implementing Regulation (EU) 2022/191 of 16 February 2022 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ L 36, 17.2.2022, p. 1); Commission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China (OJ L 450, 16.12.2021, p. 59); Commission Implementing Regulation (EU) 2021/635 of 16 April 2021 imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 132, 19.4.2021, p. 145) and Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan (OJ L 110, 8.4.2020, p. 3).

(15)  See Implementing Regulation (EU) 2022/191 recitals 206-208, Implementing Regulation (EU) 2021/2239 recital 135, Implementing Regulation (EU) 2021/635 recitals 149-150 and Implementing Regulation (EU) 2020/508 recitals 158-159.

(16)  See Implementing Regulation (EU) 2022/191 recital 192, Implementing Regulation (EU) 2021/2239 recitals 58-61, Implementing Regulation (EU) 2021/635 recitals 115-118 and Implementing Regulation (EU) 2020/508 recitals 122-127.

(17)  See Implementing Regulation (EU) 2022/191 recitals 193-194, Implementing Regulation (EU) 2021/2239 recitals 62-66, Implementing Regulation (EU) 2021/635 recitals 119-122 and Implementing Regulation (EU) 2020/508 recitals 128-132: While the right to appoint and to remove key management personnel in SOEs by the relevant State authorities, as provided for in the Chinese legislation, can be considered to reflect the corresponding ownership rights, CCP cells in enterprises, state owned and private alike, represent another important channel through which the State can interfere with business decisions. According to the PRC’s company law, a CCP organisation is to be established in every company (with at least three CCP members as specified in the CCP Constitution) and the company shall provide the necessary conditions for the activities of the party organisation. In the past, this requirement appears not to have always been followed or strictly enforced. However, since at least 2016 the CCP has reinforced its claims to control business decisions in SOEs as a matter of political principle. The CCP is also reported to exercise pressure on private companies to put ‘patriotism’ first and to follow party discipline. In 2017, it was reported that party cells existed in 70 % of some 1.86 million privately owned companies, with growing pressure for the CCP organisations to have a final say over the business decisions within their respective companies. These rules are of general application throughout the Chinese economy, across all sectors, including to the producers of ring binder mechanisms and the suppliers of their inputs.

(18)  See Implementing Regulation (EU) 2022/191 recitals 195-201, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 123-129 and Implementing Regulation (EU) 2020/508 recitals 133-138.

(19)  See Implementing Regulation (EU) 2022/191 recital 202, Implementing Regulation (EU) 2021/2239 recital 75, Implementing Regulation (EU) 2021/635 recitals 130-133 and Implementing Regulation (EU) 2020/508 recitals 139-142.

(20)  See Implementing Regulation (EU) 2022/191 recital 203, Implementing Regulation (EU) 2021/2239 recital 76, Implementing Regulation (EU) 2021/635 recitals 134-135 and Implementing Regulation (EU) 2020/508 recitals 143-144.

(21)  See Implementing Regulation (EU) 2022/191 recital 203, Implementing Regulation (EU) 2021/2239 recital 76, Implementing Regulation (EU) 2021/635 recitals 136-145 and Implementing Regulation (EU) 2020/508 recitals 145-154.

(22)  Commission staff working document SWD(2017) 483 final/2, 20. 12. 2017, available at: https://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(23)  TISCO, ‘Company profile’, http://en.tisco.com.cn/CompanyProfile/20151027095855836705.html (last viewed 2 March 2020)

(24)  Baowu, ‘Company profile’, http://www.baowugroup.com/en/contents/5273/102759.html (last viewed 6 May 2021)

(25)  Report – Chapter 14, p. 358: 51 % private and 49 % SOEs in terms of production and 44 % SOEs and 56 % private companies in terms of capacity.

(26)  Available at:

www.gov.cn/zhengce/content/2016-02/04/content_5039353.htm (last viewed 6 May 2021); https://policycn.com/policy_ticker/higher-expectations-for-large-scale-steel-enterprise/?iframe=1&secret=c8uthafuthefra4e (last viewed 6 May 2021), and

www.xinhuanet.com/english/2019-04/23/c_138001574.htm (last viewed 6 May 2021).

(27)  Available at http://www.xinhuanet.com/english/2019-04/23/c_138001574.htm (last viewed 6 May 2021) and http://www.jjckb.cn/2019-04/23/c_137999653.htm (last viewed 6 May 2021).

(28)  As was the case of the merger between the private company Rizhao and the SOE Shandong Iron and Steel in 2009. See Beijing steel report, p. 58, and the acquired majority stake of China Baowu Steel Group in Magang Steel in June 2019, see https://www.ft.com/content/a7c93fae-85bc-11e9-a028-86cea8523dc2 (last viewed 6 May 2021).

(29)  TISCO, ‘Company profile’, http://en.tisco.com.cn/CompanyProfile/20151027095855836705.html (last viewed 2 March 2020).

(30)  Report, Part III, Chapter 14, p. 346 ff.

(31)  Introduction to The Plan for Adjusting and Upgrading the Steel Industry.

(32)  Report, Chapter 14, p. 347.

(33)  The 13th Five-Year Plan for Economic and Social Development of the People’s Republic of China (2016-2020), available at

https://en.ndrc.gov.cn/newsrelease_8232/201612/P020191101481868235378.pdf (last viewed 2 March 2020).

(34)  Report – Chapter 14, p. 349.

(35)  Report – Chapter 14, p. 352.

(36)  Catalogue for Guiding Industry Restructuring (2011 Version) (2013 Amendment) issued by Order No 9 of the National Development and Reform Commission on 27 March 2011, and amended in accordance with the Decision of the National Development and Reform Commission on Amending the Relevant Clauses of the Catalogue for Guiding Industry Restructuring (2011 Version) issued by Order No 21 of the National Development and Reform Commission on 16 February 2013.

(37)  Report – Chapter 14, pp. 375 – 376.

(38)  See Implementing Regulation (EU) 2021/635 recitals 134-135 and Implementing Regulation (EU) 2020/508 recitals 143-144.

(39)  World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income

(40)  If there is no production of the product under review in any country with a similar level of development, production of a product in the same general category and/or sector of the product under review may be considered.

(41)  Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33) as amended by Commission Delegated Regulation (EU) 2017/749 (OJ L 113, 29.4.2017, p. 11).

(42)  https://data.tuik.gov.tr/Bulten/Index?p=Electricity-and-Natural-Gas-Prices-Period-II:-July-December,-2020-37458

(43)  Figures provided for the manufacturing overheads were verified on spot and reconciled with the company accounts.

(44)  Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value and, in any event, such imports were negligible.

(45)  Available at https://www.macmap.org/en/query/customs-duties (last seen on 10 March 2022).

(46)  https://archive.doingbusiness.org/content/dam/doingBusiness/country/t/turkey/TUR.pdf page 51 (last seen on 10 March 2022).

(47)  Available at: https://data.tuik.gov.tr

(48)  Available at: https://data.tuik.gov.tr/Bulten/Index?p=Electricity-and-Natural-Gas-Prices-Period-II:-July-December,-2020-37458

(49)  http://www.transcustoms.cn/index.asp (last seen on 10 March 2022).

(50)  Countries are listed according to the volumes of imports from the PRC.

(51)  On the basis of the OECD Dataset: International Transport and Insurance Costs of Merchandise Trade (ITIC) – China-country in question: https://stats.oecd.org/Index.aspx?DataSetCode=CIF_FOB_ITIC

(52)  On the basis of quotation for Tianjin Port – Beijing deliveries as provided by the World Bank https://www.doingbusiness.org/content/dam/doingBusiness/country/c/china/CHN.pdf page 88.

(53)  In the case of Mexico, CIF values were obtained by using the FOB/CIF value ratio available for the USA.

(54)  Only ranges are given in order to protect confidentiality of data of the two Union producers.

(55)  t22.000638.

(56)  Only ranges are given to protect confidentiality of data of the two Union producers.

(57)  European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, 1040 Brussels, Belgium.

(58)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

(59)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).


DECISIONS

28.6.2022   

EN

Official Journal of the European Union

L 170/68


COUNCIL DECISION (EU) 2022/1014

of 17 June 2022

on the position to be taken on behalf of the Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of that Agreement may be supplied by Member States to the United Kingdom

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 87(2), point (a), in conjunction with Article 218(9) thereof,

Having regard to Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (1),

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (2) (the ‘Trade and Cooperation Agreement’) provides for reciprocal cooperation between the competent law enforcement authorities of the Member States, on the one side, and the United Kingdom, on the other side, concerning the automated comparison of DNA profiles, dactyloscopic data and vehicle registration data. As a prerequisite for such cooperation, the United Kingdom first needs to take the necessary implementing measures and undergo an evaluation by the Union.

(2)

On the basis of an overall evaluation report, summarising the results of a relevant questionnaire, an evaluation visit and, where applicable, a pilot run, the Union is to determine the date or dates from which such data may be supplied by Member States to the United Kingdom pursuant to the Trade and Cooperation Agreement.

(3)

The United Kingdom also had to undergo an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data, for which the connections with the United Kingdom have already been established in accordance with the Union’s ‘Prüm’acquis, as set out in Council Decisions 2008/615/JHA (3) and 2008/616/JHA (4).

(4)

By means of Decision 2008/615/JHA, the basic elements of the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration were transposed into the legal framework of the Union. Decision 2008/616/JHA implements Decision 2008/615/JHA and lays down the necessary administrative and technical provisions for the implementation of Decision 2008/615/JHA, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data. These decisions form the Prüm acquis and are binding in accordance with the Treaties and these decisions.

(5)

Article 527 of the Trade and Cooperation Agreement states that the objective of Title II of Part Three (Law enforcement and judicial cooperation in criminal matters) thereof is to establish reciprocal cooperation between the competent law enforcement authorities of the United Kingdom, on the one side, and the Member States, on the other side, on the automated transfer of DNA profiles, dactyloscopic data and certain domestic vehicle registration data.

(6)

By letter of 23 July 2021, the United Kingdom informed the Commission, through the Specialised Committee on Law Enforcement and Judicial Cooperation, that it had implemented the obligations imposed under Part Three, Title II, of the Trade and Cooperation Agreement in respect of DNA profiles and dactyloscopic data. The United Kingdom also made declarations and designations in accordance with Chapter 0, Article 22, of Annex 39 to the Trade and Cooperation Agreement and expressed its readiness to be evaluated for the exchange of data between the United Kingdom and Member States on DNA profiles and dactyloscopic data.

(7)

On 14 October 2021, the Commission sent the United Kingdom questionnaires relating to the automatic exchange of DNA profiles and dactyloscopic data. On 8 November 2021, the United Kingdom provided the Commission with its answers to those questionnaires. On 11 November 2021, those answers were provided to the evaluation team and submitted to the Council Working Party on JHA Information Exchange and to the Council Working Party on the United Kingdom.

(8)

On 9 November 2021, in line with Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, the Council decided that no pilot run was required in respect of DNA profiles and dactyloscopic data.

(9)

On 24 and 25 November 2021, the United Kingdom underwent an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data. The evaluation report regarding DNA profiles concluded that, on the basis of the outcome of the ex ante evaluation, the implementation of the automated comparison of DNA profiles and the related information flow could be considered to have been successfully concluded in the United Kingdom, both at legal and at technical level. The evaluation report regarding dactyloscopic data concluded that, on the basis of the outcome of the ex ante evaluation, the implementation of the automated dactyloscopic data application and the related automated dactyloscopic data information flow could be considered to have been successfully concluded in the United Kingdom, both at legal and at technical level.

(10)

Pursuant to Chapter 4, Article 5, of Annex 39 to the Trade and Cooperation Agreement, the evaluation reports, summarising the results of the questionnaires and the evaluation visit, were presented to the Council on 17 March 2022.

(11)

Since the United Kingdom fulfilled the conditions set out in Article 539 of and Annex 39 to the Trade and Cooperation Agreement, the Union should, pursuant to Article 540(2) of the Trade and Cooperation Agreement, determine the date or dates from which Member States may supply to the United Kingdom personal data regarding DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement. The Union should notify the United Kingdom of this position in the Specialised Committee on Law Enforcement and Judicial Cooperation. In those circumstances, it is therefore appropriate to establish the position to be taken on the Union’s behalf vis-à-vis the United Kingdom regarding the determination of that date.

(12)

The Trade and Cooperation Agreement is binding on all the Member States by virtue of Decision (EU) 2021/689, which is based on Article 217 of the Treaty on the Functioning of the European Union as its substantive legal basis.

(13)

Denmark and Ireland are bound by Article 540 of the Trade and Cooperation Agreement by virtue of Decision (EU) 2021/689 and are therefore taking part in the adoption and application of this Decision, which implements the Trade and Cooperation Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be expressed on the Union’s behalf vis-à-vis the United Kingdom regarding the determination of the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement may be supplied by Member States to the United Kingdom is set out in the unilateral declaration of the Union attached to this Decision.

Article 2

The United Kingdom shall be notified of the position of the Union referred to in Article 1 in the Specialised Committee on Law Enforcement and Judicial Cooperation.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 17 June 2022.

For the Council

The President

B. LE MAIRE


(1)  OJ L 149, 30.4.2021, p. 2.

(2)  OJ L 149, 30.4.2021, p. 10.

(3)  Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).

(4)  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).


ANNEX

DECLARATION BY THE UNION PURSUANT TO ARTICLE 540(2) IN THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(r) OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART, REGARDING THE DATE FROM WHICH PERSONAL DATA REGARDING DNA PROFILES AND DACTYLOSCOPIC DATA AS REFERRED TO IN ARTICLES 530, 531, 534 and 536 OF THE TRADE AND COOPERATION AGREEMENT MAY BE SUPPLIED BY MEMBER STATES TO THE UNITED KINGDOM

DECLARATION BY THE EUROPEAN UNION

Member States may supply personal data regarding DNA profiles and dactyloscopic data to the United Kingdom as referred to in Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement as of 30 June 2022.


28.6.2022   

EN

Official Journal of the European Union

L 170/72


COUNCIL DECISION (EU) 2022/1015

of 21 June 2022

appointing an alternate member, proposed by the Czech Republic, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),

Having regard to the proposal of the Czech Government,

Whereas:

(1)

Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

(2)

On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.

(3)

An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Petr HÝBLER.

(4)

The Czech Government has proposed Mr Jan GROLICH, representative of a regional body who holds a regional authority electoral mandate, Zastupitel Jihomoravského kraje (Member of the Regional Assembly of the South Moravian Region), as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,

HAS ADOPTED THIS DECISION:

Article 1

Mr Jan GROLICH, representative of a regional body who holds an electoral mandate, Zastupitel Jihomoravského kraje (Member of the Regional Assembly of the South Moravian Region), is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 21 June 2022.

For the Council

The President

C. BEAUNE


(1)  OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).


28.6.2022   

EN

Official Journal of the European Union

L 170/73


COUNCIL DECISION (EU) 2022/1016

of 21 June 2022

appointing a member, proposed by the Republic of Estonia, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),

Having regard to the proposal of the Estonian Government,

Whereas:

(1)

Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

(2)

On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.

(3)

A member’s seat on the Committee of the Regions has become vacant following the end of the national mandate on the basis of which Mr Tiit TERIK was proposed for appointment.

(4)

The Estonian Government has proposed Mr Jevgeni OSSINOVSKI, representative of a local body who holds a local authority electoral mandate, Tallinna Linnavolikogu liige (Member of Tallinn City Council), as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,

HAS ADOPTED THIS DECISION:

Article 1

Mr Jevgeni OSSINOVSKI, representative of a local body who holds an electoral mandate, Tallinna Linnavolikogu liige (Member of Tallinn City Council), is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 21 June 2022.

For the Council

The President

C. BEAUNE


(1)  OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).


28.6.2022   

EN

Official Journal of the European Union

L 170/74


COUNCIL DECISION (CFSP) 2022/1017

of 27 June 2022

amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP (1), establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah).

(2)

On 30 June 2020, the Council adopted Decision (CFSP) 2020/955 (2), amending Joint Action 2005/889/CFSP and extending it until 30 June 2021.

(3)

On 4 March 2021, in the context of the Strategic Review of EU BAM Rafah, the Political and Security Committee (PSC) agreed that EU BAM Rafah should be extended for a further period of 24 months, until 30 June 2023.

(4)

On 1 June 2021, the PSC further noted that, taking into account information provided by Israel and the Palestinian Authority, EU BAM Rafah should at that stage be extended for one year, until 30 June 2022.

(5)

On 28 June 2021, the Council adopted Decision (CFSP) 2021/1065 (3), amending Joint Action 2005/889/CFSP and extending it until 30 June 2022.

(6)

Based on additional information provided by Israel and the Palestinian Authority, EU BAM Rafah should now be extended for a further year, until 30 June 2023, as agreed in the context of the Strategic Review of EU BAM Rafah.

(7)

Joint Action 2005/889/CFSP should therefore be amended accordingly.

(8)

EU BAM Rafah will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Joint Action 2005/889/CFSP is amended as follows:

(1)

in Article 13(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2022 to 30 June 2023 shall be EUR 2 570 000.’;

(2)

in Article 16, the second paragraph is replaced by the following:

‘It shall expire on 30 June 2023.’.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 July 2022.

Done at Luxembourg, 27 June 2022.

For the Council

The President

A. PANNIER-RUNACHER


(1)  Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 327, 14.12.2005, p. 28).

(2)  Council Decision (CFSP) 2020/955 of 30 June 2020 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 212, 3.7.2020, p. 18).

(3)  Council Decision (CFSP) 2021/1065 of 28 June 2021 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 229, 29.6.2021, p. 11).


28.6.2022   

EN

Official Journal of the European Union

L 170/76


COUNCIL DECISION (CFSP) 2022/1018

of 27 June 2022

amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 3 July 2013, the Council adopted Decision 2013/354/CFSP (1), which continued EUPOL COPPS as from 1 July 2013.

(2)

On 29 June 2020, the Council adopted Decision (CFSP) 2020/902 (2) amending Decision 2013/354/CFSP and extending it from 1 July 2020 until 30 June 2021.

(3)

On 4 March 2021, in the context of the Strategic Review of EUPOL COPPS, the Political and Security Committee (PSC) agreed that the Mission should be extended for a further period of 24 months, until 30 June 2023.

(4)

On 1 June 2021, the PSC further noted that, taking into account information provided by Israel and the Palestinian Authority, EUPOL COPPS should at this stage be extended by one year, until 30 June 2022.

(5)

On 28 June 2021, the Council adopted Decision (CFSP) 2021/1066 (3) amending Decision 2013/354/CFSP and extending it from 1 July 2021 until 30 June 2022.

(6)

Based on additional information provided by Israel and the Palestinian Authority, EUPOL COPPS should now be extended by a second year, until 30 June 2023, as agreed in the context of its Strategic Review.

(7)

Decision 2013/354/CFSP should therefore be amended accordingly.

(8)

EUPOL COPPS will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/354/CFSP is amended as follows:

(1)

in Article 12(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2022 until 30 June 2023 shall be EUR 11 660 000.’;

(2)

in Article 15, the third paragraph is replaced by the following:

‘It shall expire on 30 June 2023.’.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 July 2022.

Done at Luxembourg, 27 June 2022.

For the Council

The President

A. PANNIER-RUNACHER


(1)  Council Decision 2013/354/CFSP of 3 July 2013 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (OJ L 185, 4.7.2013, p. 12).

(2)  OJ L 207, 30.6.2020, p. 30.

(3)  OJ L 229, 29.6.2021, p. 13.


28.6.2022   

EN

Official Journal of the European Union

L 170/78


COUNCIL DECISION (CFSP) 2022/1019

of 27 June 2022

amending Decision 2010/413/CFSP concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1), concerning restrictive measures against Iran.

(2)

In accordance with Article 26(3) of Decision 2010/413/CFSP, the Council has reviewed the list of designated persons and entities set out in Annex II to that Decision.

(3)

On the basis of that review, the restrictive measures against all persons and entities in the list set out in Annex II to Decision 2010/413/CFSP should be maintained, insofar as their names are not mentioned in Annex VI to that Decision, and 17 entries included in Annex II should be updated.

(4)

Decision 2010/413/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Decision 2010/413/CFSP is amended as set out in the Annex to this Decision.

Article 2

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

Done at Luxembourg, 27 June 2022.

For the Council

The President

A. PANNIER-RUNACHER


(1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).


ANNEX

Annex II to Decision 2010/413/CFSP is amended as follows:

(1)

under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

 

Name

Identifying information

Reasons

Date of listing

‘8.

Ebrahim MAHMUDZADEH

 

Head of the Management Board of Iran Telecommunications; former Managing Director of Iran Electronic Industries (see Part B, No 20). Director general of the Armed Forces Social Security Organization until September 2020. Iranian Deputy Defense Minister until December 2020.

23.6.2008

27.

Kamran DANESHJOO (a.k.a. DANESHJOU)

 

Former Minister of Science, Research and Technology. As project manager of the 111th section of the AMAD Plan, he has provided support for Iran’s proliferation-sensitive nuclear activities.

1.12.2011’

(2)

under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

 

Name

Identifying information

Reasons

Date of listing

‘20.

Iran Electronics Industries

(including all branches) and subsidiaries:

P. O. Box 18575-365, Tehran, Iran

Wholly-owned subsidiary of MODAFL (and therefore a sister-organisation to AIO, AvIO and DIO). Its role is to manufacture electronic components for Iranian weapons systems.

23.6.2008

 

(b) Iran Communications Industries (ICI)

(a.k.a. Sanaye Mokhaberat Iran; Iran Communication Industries; Iran Communications Industries Group; Iran Communications Industries Co.)

PO Box 19295-4731, Pasdaran Avenue, Tehran, Iran; Alternative address: PO Box 19575-131, 34 Apadana Avenue, Tehran, Iran; Alternative address: Shahid Langary Street, Nobonyad Square Ave, Pasdaran, Tehran

Iran Communications Industries, a subsidiary of Iran Electronics Industries (listed by the EU), produces various items including communication systems, avionics, optics and electro-optics devices, micro-electronics, information technology, test and measurement, telecommunication security, electronic warfare, radar tube manufacture and refurbishment, and missile launchers. ICI procured sensitive material through Hoda Trading, its Hong Kong based subsidiary.

26.7.2010

52.

Raad Iran (a.k.a. Raad Automation Company; Middle East Raad Automation; RAAD Automation Co.; Raad Iran Automation Co.; RAADIRAN; Middle East RAAD Automation Co.; Automasion RAAD Khavar Mianeh; Automation Raad Khavar Mianeh Nabbet Co)

Unit 1, No 35, Bouali Sina Sharghi, Chehel Sotoun Street, Fatemi Square, Tehran

A company involved in procurement of inverters for Iran’s proscribed enrichment programme. Raad Iran was established to produce and design controlling systems and provides the sale and installation of inverters and programmable Logic Controllers.

23.5.2011’

(3)

under the heading ‘II. Islamic Revolutionary Guard Corps (IRGC)’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

 

Name

Identifying information

Reasons

Date of listing

‘1.

IRGC Brigadier-General Javad DARVISH-VAND

 

Former Deputy Minister of Defence and Inspector General of MODAFL.

23.6.2008

2.

Rear Admiral Ali FADAVI

 

Deputy Commander-General of the Islamic Revolutionary Guard Corps (IRGC). Former Commander of IRGC Navy.

26.7.2010

3.

Parviz FATAH

Born in 1961

Former member of the IRGC. Former Minister of Energy. Since July 2019, head of the “Mostazafan Foundation”, former member of the Board of Trustees of the Imam Khomeini Foundation.

26.7.2010

4.

IRGC Brigadier-General Seyyed Mahdi FARAHI

 

Deputy Minister of Defence and Armed Forces Support since 2021. Previously Deputy Minister of Defence and Industrial Affairs of the Ministry of Defence, head of the Defence Industries and Aerospace Organizations of the Ministry of Defence, as well as commander of the Armed Forces Personnel Training Camp. Former head of Iran’s Aerospace Industries Organisation (AIO) and former managing director of the UN-designated Defence Industries Organisation (DIO). Member of the IRGC.

23.6.2008

6.

Mohammad Ali JAFARI

 

Former Commander of the IRGC. Currently head of the Hazrat Baqiatollah al-Azam Cultural and Social Headquarters.

23.6.2008

7.

IRGC Brigadier-General Mostafa Mohammad NAJJAR

 

Former Minister for the Interior and former Minister of MODAFL, responsible for all military programmes, including ballistic missiles programmes. Since September 2013, Senior Advisor to the Chief of General Staff of the Armed Forces on Knowledge and Technology Industry. Member of the IRGC.

23.6.2008

10.

Rostam QASEMI (a.k.a. Rostam Qassemi; Rostam GHASEMI)

Born in 1961

Since 25 August 2021, Minister for Road and Urban Development. Former Commander of Khatam al-Anbiya.

26.7.2010

12.

IRGC Brigadier-General Ali SHAMSHIRI

 

Member of the IRGC. Advisor to the director of the Defence Science and Education Research Institute. Has held senior roles in MODAFL.

23.6.2008

13.

IRGC Brigadier-General Ahmad VAHIDI

 

Since 25 August 2021, Minister of Interior. Former President of the Supreme National Defence University and former Minister of MODAFL.

23.6.2008

17.

Ali Ashraf NOURI

 

Head of the Basij Islamic Revolution Art Educational and Research Complex. Formerly IRGC Deputy Commander, IRGC Political Bureau Chief.

23.1.2012

18.

Hojatoleslam Ali SAIDI (a.k.a. Hojjat- al-Eslam Ali Saidi or Saeedi)

 

Since March 2017, head of the ideological and political bureau of the Supreme Leader in his role as Commander-in-chief. Previously representative of the Supreme Leader to the IRGC.

23.1.2012’

(4)

under the heading ‘II. Islamic Revolutionary Guard Corps (IRGC)’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

 

Name

Identifying information

Reasons

Date of listing

‘9.

Mehr Bank (a.k.a Mehr Finance and Credit Institute; Mehr Interest-Free Bank)

No 182, Shahid Tohidi St, 4th Golsetan, Pasdaran Ave, Tehran 1666943, Iran

Mehr Bank is controlled by Bonyad Taavon Sepah and the IRGC. Mehr Bank provides financial services to the IRGC. According to an open source interview with the then head of Bonyad Taavon Sepah, Parviz Fatah, Bonyad Taavon Sepah created Mehr Bank to serve the Basij (paramilitary arm of the IRGC).

23.05.2011

12.

Etemad Amin Invest Co Mobin

(a.k.a.: Etemad Amin Investment Company Mobin; Etemad-e Mobin; Etemad Amin Invest Company Mobin; Etemad Mobin Co.; Etemad Mobin Trust Co.; Etemade Mobin Company; Mobin Trust Consortium; Etemad-e Mobin Consortium)

Pasadaran Av. Tehran, Iran

A company owned or controlled by IRGC that contributes to financing the strategic interests of the regime.

26.7.2010’


28.6.2022   

EN

Official Journal of the European Union

L 170/83


COUNCIL IMPLEMENTING DECISION (CFSP) 2022/1020

of 27 June 2022

implementing Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (1) and in particular Article 6(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)