ISSN 1977-0677 |
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Official Journal of the European Union |
L 116 |
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English edition |
Legislation |
Volume 60 |
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(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
5.5.2017 |
EN |
Official Journal of the European Union |
L 116/1 |
COMMISSION REGULATION (EU) 2017/776
of 4 May 2017
amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (1), and in particular Article 37(5) thereof,
Whereas:
(1) |
Table 3.1 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 contains the list of harmonised classification and labelling of hazardous substances based on the criteria set out in Parts 2 to 5 of Annex I to that Regulation. |
(2) |
Proposals for new, updated or deleted harmonised classification and labelling of certain substances have been submitted to the European Chemicals Agency (ECHA) pursuant to Article 37 of Regulation (EC) No 1272/2008. Based on the opinions on those proposals issued by the Committee for Risk Assessment of ECHA (RAC), as well as on the comments received from the parties concerned, it is appropriate to introduce, update or delete harmonised classification and labelling of certain substances. |
(3) |
The Acute Toxicity Estimates (ATE) are mainly used to determine the classification for human health acute toxicity of mixtures containing substances classified for acute toxicity. The inclusion of harmonised ATE values in the entries listed in Annex VI to Regulation (EC) No 1272/2008 would facilitate the harmonisation of the classification of mixtures and provide support for enforcement authorities. The ATE values harmonised in accordance with Article 37 should be added in the penultimate column of Table 3.1 of Part 3 of Annex VI to that Regulation. Pursuant to Article 38(1)(e) those values are to be mentioned in the opinions and decisions for harmonised classification. The title of the column of Table 3.1 of Part 3 as well as section 1.1.2.3 of Part 1 of Annex VI to Regulation (EC) No 1272/2008 should be amended consequently. |
(4) |
Compliance with the new harmonised classifications and the new provision on the ATE in section 1.1.2.3 of Part 1 of Annex VI to Regulation (EC) No 1272/2008 should not be required immediately, as a certain period of time will be necessary to allow suppliers to adapt the labelling and packaging of substances and mixtures to the new classifications and to sell existing stocks. That period of time will also be necessary to allow suppliers to adapt to and to comply with other legislative obligations resulting from the new harmonised classifications for substances such as those set out in Article 22(f) or Article 23 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2), those set out in Article 50 of Regulation (EU) No 528/2012 of the European Parliament and of the Council (3) or those set out in Article 44 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4). |
(5) |
Table 3.2 of Annex VI to Regulation (EC) No 1272/2008, which lists the harmonised classification and labelling of hazardous substances based on the criteria set out in Council Directive 67/548/EEC (5), has been deleted with effect from 1 June 2017. For reasons of consistency, the references to Table 3.2 in Parts 1 and 3 of Annex VI to Regulation (EC) No 1272/2008 should be deleted with effect from the same date. For reasons of clarity, Table 3.1 of Annex VI to Regulation (EC) No 1272/2008 should become Table 3 and all references to Table 3.1 in that Annex should be changed accordingly. |
(6) |
Directive 67/548/EEC and Directive 1999/45/EC of the European Parliament and of the Council (6) have been repealed with effect from 1 June 2015. For reasons of consistency, the references to those Directives in the introductory part and in Parts 1 and 3 of Annex VI to Regulation (EC) No 1272/2008 should be deleted simultaneously with the changes regarding the references to Tables 3.1 and 3.2 of Annex VI to that Regulation with effect from 1 June 2017, which is the date provided for in Article 61(4) of Regulation (EC) No 1272/2008 before which mixtures which are classified, labelled and packaged in accordance with Directive 1999/45/EC and placed on the market before 1 June 2015 need not to be relabelled and repackaged in accordance with Regulation (EC) No 1272/2008. |
(7) |
Regulation (EC) No 1272/2008 should be amended accordingly. |
(8) |
In line with the transitional provisions of Regulation (EC) No 1272/2008 which allow the application of the new provisions at an earlier stage on a voluntary basis, suppliers should have the possibility of applying the new harmonised classifications and of adapting the labelling and packaging accordingly on a voluntary basis before the deadline for compliance. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex VI to Regulation (EC) No 1272/2008 is amended as set out in the Annex to this Regulation.
Article 2
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. This Regulation shall apply from 1 December 2018.
In the Annex, point (1), points (a), (b), (d), (e), (f), (g), (h), (i) and (j) of point (2) and points (a) and (b) of point (3) shall apply from 1 June 2017.
3. By way of derogation from paragraph 2, substances and mixtures may, before 1 December 2018, be classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 as amended by this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 2017.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 353, 31.12.2008, p. 1.
(2) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
(3) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
(4) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(5) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ L 196, 16.8.1967, p. 1).
(6) Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1).
ANNEX
Annex VI to Regulation (EC) No 1272/2008 is amended as follows:
(1) |
the introductory paragraphs are replaced by the following: ‘Part 1 of this Annex provides an introduction to the list of harmonised classification and labelling, including information listed for each entry and related classifications and hazard statements in Table 3. Part 2 of this Annex lays down general principles for preparing dossiers to propose and justify harmonised classification and labelling of substances at Union level. Part 3 of this Annex lists hazardous substances for which harmonised classification and labelling have been established at Union level. In Table 3 the classification and labelling are based on the criteria in Annex I to this Regulation.’; |
(2) |
Part 1 is amended as follows:
|
(3) |
Part 3 is amended as follows:
|
(*1) Converted acute toxicity point estimate according to Table 3.1.2 of Annex I.
5.5.2017 |
EN |
Official Journal of the European Union |
L 116/20 |
COMMISSION IMPLEMENTING REGULATION (EU) 2017/777
of 4 May 2017
initiating a review of Council Implementing Regulation (EU) No 501/2013 (extending the definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not) for the purposes of determining the possibility of granting an exemption from those measures to one Tunisian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration
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 anti-dumping Regulation’), and in particular Articles 11(4), 13(4) and 14(5) thereof,
After informing the Member States,
Whereas:
1. REQUEST
(1) |
The European Commission (‘the Commission’) received a request for an exemption from the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation. |
(2) |
The request was lodged on 13 September 2016 by Look Design System SA (‘the applicant’), an exporting producer of bicycles in Tunisia (‘the country concerned’). |
2. PRODUCT UNDER REVIEW
(3) |
The product under review is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC code 8712003010 and 8712007091). |
3. EXISTING MEASURES
(4) |
On 29 May 2013 the Council, by Regulation (EU) No 502/2013 (2), amended Council Implementing Regulation (EU) No 990/2011 (3) imposing a definitive anti-dumping duty on imports of bicycles originating in the PRC, following an interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009 (4). |
(5) |
On the same date, the Council, by Implementing Regulation (EU) No 501/2013 (5) extended the measures to imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not. |
(6) |
On 18 May 2015 the Commission, by Implementing Regulation (EU) 2015/776 (6), extended the measures to imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not. |
4. GROUNDS FOR THE REVIEW
(7) |
The applicant alleged that it is not related to any of the exporters or producers in the country concerned which are subject to the anti-dumping measures on the product under review. |
(8) |
Also, the applicant alleged that it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures, namely the period from 1 September 2011 to 31 August 2012. |
(9) |
In addition, the applicant alleged that it has not circumvented the existing measures. |
(10) |
Finally, the applicant provided evidence that it has exported the product under review to the Union in August 2016. |
5. PROCEDURE
5.1. Initiation
(11) |
The Commission examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation for the purposes of determining the possibility of granting the applicant an exemption from the extended measures. The Union industry known to be concerned was informed of the request for a review and was given an opportunity to comment, but no comments were received. |
5.2. Repeal of the existing anti-dumping measures and registration of imports
(12) |
Pursuant to Article 11(4) of the basic anti-dumping Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product under review which are produced and sold for export to the Union by the applicant. |
(13) |
At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation in order to ensure that, should the review result in a finding of circumvention in respect of the applicant, anti-dumping duties can be levied from the date of the registration of these imports. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the investigation. |
5.3. Review investigation period
(14) |
The investigation will cover the period from 1 April 2016 to 31 March 2017 (‘review investigation period’). |
5.4. Investigating the applicant
(15) |
In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The applicant must submit the completed questionnaire within 37 days of the date of entry into force of this Regulation, unless otherwise specified, pursuant to Article 6(2) of the basic anti-dumping Regulation. |
5.5. Other written submissions
(16) |
Subject to the provisions of this Regulation, all interested parties are invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of entry into force of this Regulation. |
5.6. Possibility to be heard by the Commission investigation services
(17) |
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initiation stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. |
5.7. Instructions for making written submissions and sending completed questionnaires and correspondence
(18) |
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their right of defence. |
(19) |
All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested should be labelled ‘Limited’ (7). |
(20) |
Interested parties providing ‘Limited’ information are required to furnish non- confidential summaries of it pursuant to Article 19(2) of the basic anti-dumping Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded. |
(21) |
Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which should be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above. Commission address for correspondence:
|
6. NON-COOPERATION
(22) |
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic anti-dumping Regulation. |
(23) |
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available. |
(24) |
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic anti-dumping Regulation, the result may be less favourable to that party than if it had cooperated. |
(25) |
Failure to give a computerised response will not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission. |
7. HEARING OFFICER
(26) |
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered. |
(27) |
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties. |
(28) |
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/ |
8. SCHEDULE OF THE INVESTIGATION
(29) |
The investigation will be concluded, pursuant to Article 11(5) of the basic anti-dumping Regulation, within nine months of the date of the entry into force of this Regulation. |
9. PROCESSING OF PERSONAL DATA
(30) |
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (8), |
HAS ADOPTED THIS REGULATION:
Article 1
A review of Implementing Regulation (EU) No 501/2013, is hereby initiated pursuant to Articles 11(4) and 13(4) of Regulation (EU) 2016/1036 in order to establish whether the imports of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC code 8712003010 and 8712007091), produced by Look Design System SA (TARIC additional code C206), should be subject to the anti-dumping measures imposed by Implementing Regulation (EU) No 501/2013.
Article 2
The anti-dumping duty imposed by Implementing Regulation (EU) No 501/2013 is hereby repealed with regard to the imports identified in Article 1 of this Regulation.
Article 3
The Customs authorities shall take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation, pursuant to Article 14(5) of Regulation (EU) 2016/1036.
Registration shall expire nine months following the date of entry into force of this Regulation.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 2017.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 176, 30.6.2016, p. 21.
(2) Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 153, 5.6.2013, p. 17).
(3) Council Implementing Regulation (EU) No 990/2011 of 3 October 2011 imposing a definitive anti-dumping duty on imports of bicycles 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 261, 6.10.2011, p. 2).
(4) Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).
(5) Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ L 153, 5.6.2013, p. 1).
(6) Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not (OJ L 122, 19.5.2015, p. 4).
(7) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Regulation (EU) 2016/1036 and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(8) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
5.5.2017 |
EN |
Official Journal of the European Union |
L 116/26 |
COMMISSION IMPLEMENTING REGULATION (EU) 2017/778
of 4 May 2017
amending for the 267th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
Whereas:
(1) |
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
(2) |
On 28 April 2017 and 1 May 2017, the Sanctions Committee of the United Nations Security Council decided to remove three natural persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 2017.
For the Commission,
On behalf of the President
Head of the Service for Foreign Policy Instruments
ANNEX
In Annex I to Regulation (EC) No 881/2002, the following entries under the heading ‘Natural persons’ are deleted:
|
‘Fritz Martin Gelowicz (alias Robert Konars, (b) Markus Gebert, (c) Malik, (d) Benzl, (e) Bentley). Address: Böfinger Weg 20, 89075 Ulm, Germany (previous address). Date of birth: (a) 1.9.1979, (b) 10.4.1979. Place of birth: (a) Munich, Germany; (b) Liège, Belgium. Nationality: German. Passport No: 7020069907 (German passport issued in Ulm, Germany, expired on 11 May 2010). National identification No: 7020783883 (German Federal Identity Card, issued in Ulm, Germany, expired on 10.6.2008). Other information: (a) Associated with the Islamic Jihad Union (IJU), also known as the Islamic Jihad Group; (b) Associated with Daniel Martin Schneider and Adem Yilmaz; (c) In detention in Germany as of June 2010. Date of designation referred to in Article 2a (4) (b): 27.10.2008.’ |
|
‘Ata Abdoulaziz Rashid (alias (a) Ata Abdoul Aziz Barzingy, (b) Abdoulaziz Ata Rashid). Date of birth: 1.12.1973. Place of birth: Sulaimaniya, Iraq. Nationality: Iraqi. Address: Germany. National identification no: Ration card 6110922. Other information: Mother's name: Khadija Majid Mohammed. Date of designation referred to in Article 7d(2)(i): 6.12.2005.’ |
|
‘Dieman Abdulkadir Izzat (alias Deiman Alhasenben Ali Aljabbari). Address: Bavaria, Germany. Date of birth: 4.7.1965. Place of birth: Kirkuk, Iraq. Nationality: Iraqi. Passport No: German travel document (“Reiseausweis”) A 0141062 (revoked as at Sep.2012). Date of designation referred to in Article 2a (4) (b): 6.12.2005.’ |
5.5.2017 |
EN |
Official Journal of the European Union |
L 116/28 |
COMMISSION IMPLEMENTING REGULATION (EU) 2017/779
of 4 May 2017
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 2017.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General
Directorate-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
EG |
223,3 |
MA |
83,3 |
|
TR |
97,0 |
|
ZZ |
134,5 |
|
0707 00 05 |
MA |
79,4 |
TR |
125,0 |
|
ZZ |
102,2 |
|
0709 93 10 |
TR |
140,7 |
ZZ |
140,7 |
|
0805 10 22 , 0805 10 24 , 0805 10 28 |
EG |
51,0 |
IL |
80,7 |
|
MA |
65,6 |
|
TR |
65,5 |
|
ZZ |
65,7 |
|
0805 50 10 |
TR |
61,0 |
ZZ |
61,0 |
|
0808 10 80 |
AR |
88,6 |
BR |
115,1 |
|
CL |
125,8 |
|
NZ |
141,7 |
|
ZA |
105,1 |
|
ZZ |
115,3 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
5.5.2017 |
EN |
Official Journal of the European Union |
L 116/30 |
COMMISSION IMPLEMENTING DECISION (EU) 2017/780
of 3 May 2017
amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States
(notified under document C(2017) 2938)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Whereas:
(1) |
Commission Implementing Decision (EU) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5 in a number of Member States (‘the concerned Member States’), and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Council Directive 2005/94/EC (4). |
(2) |
Implementing Decision (EU) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned Member States in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. Implementing Decision (EU) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in Article 29(1) and Article 31 of Directive 2005/94/EC, are to be maintained until at least the dates for those zones set out in the Annex to that Implementing Decision. |
(3) |
The Annex to Implementing Decision (EU) 2017/247 was subsequently amended by Commission Implementing Decisions (EU) 2017/417 (5), (EU) 2017/554 (6) and (EU) 2017/696 (7), in order to take account of changes to the protection and surveillance zones established by the competent authorities of the Member States in accordance with Directive 2005/94/EC, following further outbreaks of highly pathogenic avian influenza of subtype H5 in the Union. In addition, Implementing Decision (EU) 2017/247 was amended by Implementing Decision (EU) 2017/696 in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the Annex to Implementing Decision (EU) 2017/247, following certain improvements in the epidemiological situation as regards that virus in the Union. |
(4) |
While there has been a general overall improvement in the epidemiological situation in the Union as regards highly pathogenic avian influenza, since the date of the last amendments made to Implementing Decision (EU) 2017/247 by Implementing Decision (EU) 2017/696, Germany, Italy, Hungary, Slovakia and Sweden have notified the Commission of further outbreaks of highly pathogenic avian influenza of subtype H5 in holdings located outside the areas currently listed in the Annex to Implementing Decision (EU) 2017/247 for those Member States, and they have taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around those new outbreaks. |
(5) |
Hungary has also established a surveillance zone in accordance with Directive 2005/94/EC in relation to an outbreak confirmed in Slovakia, near the boundary with Hungary. |
(6) |
In addition, as a precautionary measure against the spread of highly pathogenic avian influenza of subtype H5, France has decided to prolong the duration of the measures to be applied in the protection and surveillance zones for that Member State, as listed in the Annex to Implementing Decision (EU) 2017/247. |
(7) |
The Commission has examined the measures taken by Germany, Italy, Hungary, Slovakia and Sweden in accordance with Directive 2005/94/EC, following the latest outbreaks of avian influenza of subtype H5 in those Member States, and it has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of those Member States, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype H5 has been confirmed. |
(8) |
The Commission has also examined the dates put forward by France for the prolongation of the measures to be applied in the protection and surveillance zones listed for that Member State in the Annex to Implementing Decision (EU) 2017/247, and those new dates are appropriate on the basis of the information received by it regarding the epidemiological situation in that Member State. |
(9) |
In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Germany, Italy, Hungary, Slovakia and Sweden, the new protection and surveillance zones established in those Member States in accordance with Directive 2005/94/EC. Therefore, the areas listed for those Member States in the Annex to Implementing Decision (EU) 2017/247 should be amended. In addition, it is appropriate to amend the dates for the application of the protective measures to be applied in the protection and surveillance zones for France, as set out in that Annex. |
(10) |
Accordingly, the Annex to Implementing Decision (EU) 2017/247 should be amended to update regionalization at Union level to include the new protection and surveillance zones established in accordance with Directive 2005/94/EC and the duration of the restrictions applicable therein, as well as the prolongation of the protective measures in the areas listed for France in that Annex. |
(11) |
Implementing Decision (EU) 2017/247 should therefore be amended accordingly. |
(12) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Implementing Decision (EU) 2017/247 is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 May 2017.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).
(4) Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).
(5) Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).
(6) Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).
(7) Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80).
ANNEX
The Annex to Implementing Decision (EU) 2017/247 is amended as follows:
(1) |
Part A is amended as follows:
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(2) |
Part B is amended as follows:
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