ISSN 1725-2555

Official Journal

of the European Union

L 183

European flag  

English edition

Legislation

Volume 51
11 July 2008


Contents

 

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

 

 

REGULATIONS

 

*

Council Regulation (EC) No 654/2008 of 29 April 2008 imposing a definitive anti-dumping duty on imports of coumarin originating in the People’s Republic of China, as extended to imports of coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia or not following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

1

 

 

Commission Regulation (EC) No 655/2008 of 10 July 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

 

*

Commission Regulation (EC) No 656/2008 of 10 July 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Chamomilla Bohemica (PDO), Vlaams-Brabantse tafeldruif (PDO), Slovenská parenica (PGI), Cipollotto Nocerino (PDO))

15

 

*

Commission Regulation (EC) No 657/2008 of 10 July 2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments

17

 

 

Commission Regulation (EC) No 658/2008 of 10 July 2008 fixing the export refunds on white and raw sugar exported without further processing

27

 

 

Commission Regulation (EC) No 659/2008 of 10 July 2008 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007

29

 

 

Commission Regulation (EC) No 660/2008 of 10 July 2008 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007

30

 

 

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

 

 

DECISIONS

 

 

Council

 

 

2008/569/EC, Euratom

 

*

Council Decision of 27 June 2008 appointing three Judges of the European Union Civil Service Tribunal

31

 

 

2008/570/EC, Euratom

 

*

Council Decision of 8 July 2008 appointing a Portuguese member of the Economic and Social Committee

33

 

 

2008/571/EC

 

*

Council Decision of 8 July 2008 amending Decision 98/481/EC approving the external auditors of the European Central Bank

34

 

 

2008/572/EC

 

*

Council Decision of 8 July 2008 appointing a Portuguese member of the Committee of the Regions

35

 

 

2008/573/EC

 

*

Council Decision of 8 July 2008 appointing a Latvian member and a Latvian alternate member of the Committee of the Regions

36

 

 

2008/574/EC

 

*

Council Decision of 8 July 2008 appointing two Polish members and one Polish alternate member of the Committee of the Regions

37

 

 

Commission

 

 

2008/575/EC

 

*

Commission Decision of 27 June 2008 authorising the placing on the market of Baobab dried fruit pulp as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2008) 3046)

38

 

 

2008/576/EC

 

*

Commission Decision of 4 July 2008 amending Annex III to Decision 2003/467/EC as regards the list of the officially enzootic-bovine-leukosis-free regions in Poland (notified under document number C(2008) 3284)  ( 1 )

40

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

*

Regulation No 54 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers

41

 


 

(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.


I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

11.7.2008   

EN

Official Journal of the European Union

L 183/1


COUNCIL REGULATION (EC) No 654/2008

of 29 April 2008

imposing a definitive anti-dumping duty on imports of coumarin originating in the People’s Republic of China, as extended to imports of coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia or not following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Articles 9, 11(2), 8 and 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Measures in force

(1)

The Council, by Regulation (EC) No 769/2002 (2) imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin originating in the People’s Republic of China and extended to imports consigned from India and Thailand by Council Regulation (EC) No 2272/2004 (3) and to imports consigned from Indonesia and Malaysia by Council Regulation (EC) No 1650/2006 (4).

(2)

The Commission, by a Decision (5) dated 3 January 2005, accepted an undertaking offered by an Indian producer in connection with the investigation into alleged circumvention of the anti-dumping measures by imports of coumarin consigned from India or Thailand.

2.   Request for a review

(3)

The request was lodged on 8 February 2007 by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of the sole producer in the Community, representing the totality of the Community production of coumarin.

(4)

The applicants alleged and provided sufficient prima facie evidence that: (a) there is a likelihood of continuation or recurrence of dumping and injury to the Community industry, and (b) the imports of the product concerned from the People’s Republic of China have continued to enter the Community in significant quantities and at dumped prices.

(5)

It was also alleged that the volumes and the prices of the imported product concerned have continued, among other consequences, to have a negative impact on the level of prices charged by the Community industry, resulting in substantial adverse effects on its financial situation and its employment.

(6)

Furthermore, the applicant pointed out that during the period of imposition of measures, the exporters/producers of the product concerned from the People’s Republic of China has undermined the existing measures by circumvention practices, which have been counteracted by the extension of measures as enacted by Council Regulation (EC) No 2272/2004 and Council Regulation (EC) No 1650/2006.

3.   Initiation

(7)

Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission initiated an investigation pursuant to Article 11(2) of the basic Regulation by a notice published in the Official Journal of the European Union  (6).

4.   Period of investigation

(8)

The review investigation period (RIP) for the examination of continuation or recurrence of dumping and injury covered the period from 1 April 2006 to 31 March 2007. The examination of trends relevant for the assessment of continuation or recurrence of injury covered the period from 1 January 2003 up to the end of the RIP (period under review).

5.   Parties concerned by the investigation

(9)

The Commission officially advised the applicant Community producer, the exporting producers in the PRC and their representatives, the Chinese authorities and the importers, users and associations known to be concerned, of the initiation of the review. The Commission sent questionnaires to exporting producers, a producer in India (analogue country as mentioned at recital (26)), the sole Community producer, known importers and users and to those parties which made themselves known within the time limit set in the notice of initiation of the review.

(10)

In view of the apparent number of exporting producers involved in this proceeding, the use of sampling techniques was envisaged in the notice of initiation in accordance with Article 17 of the basic Regulation. In order to decide whether sampling would be necessary and, if so, to select a sample, all exporting producers were asked to make themselves known and to provide, as specified in the notice of initiation, basic information on their activities related to coumarin during the investigation period. Two companies in the People’s Republic of China replied to the sampling questionnaire but only one indicated its willingness to cooperate and replied to the dumping questionnaire, as follows:

Nanjing Jingqiao Perfumery/China Tuhsu Flavours & Fragrances Imp. & Exp. Corp.

(11)

The Community producer and four importers/users replied to the questionnaires. With respect to the analogue country, the Indian producer contacted by the Commission services refused to cooperate.

6.   Verification of information received

(12)

The Commission sought and verified all information it deemed necessary for the purpose of the determination of the likelihood of continuation or recurrence of dumping and injury and of Community interest. The Commission also gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.

(13)

Verification visits were carried out at the premises of the following companies:

 

Community producer:

Rhodia Organics, (Lyon) France,

 

importers/users:

Henkel KGaA, (Krefeld) Germany.

B.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   Product concerned

(14)

The product concerned is the same as in the original investigation, i.e. coumarin, a whitish crystalline powder with the characteristic odour of newly mown hay. Its main uses are as an aroma chemical and as a fixative in the preparation of fragrance compounds, such compounds being used in the production of detergents, cosmetics and fine fragrances.

(15)

Coumarin, which was originally a natural product obtained from Tonka beans, is now produced synthetically. It can be obtained by a synthesis process starting from phenol to obtain salicilaldehyde (Perkin reaction) or by a synthesis from orthocresol (Raschig reaction). The main physical specification of coumarin is its purity, of which the melting point is the indicator. The standard quality coumarin marketed in the Community has a melting point varying between 68 °C and 70 °C which corresponds to 99 % purity.

(16)

The product concerned falls within CN code ex 2932 21 00.

2.   Like product

(17)

As in the original investigation, coumarin exported to the Community from the PRC as well as coumarin produced and sold by the Community industry in the Community market were found to have effectively identical physical characteristics and uses and are thus like products within the meaning of Article 1(4) of the basic Regulation.

C.   LIKELIHOOD OF A CONTINUATION OR RECURRENCE OF DUMPING

1.   General issues

(18)

In accordance with Article 11(2) of the basic Regulation, it was examined whether dumping was currently taking place and whether or not the expiry of the measures would be likely to lead to a continuation or recurrence of dumping.

(19)

In accordance with Article 11(9) of the basic Regulation, the same methodology was used as in the original investigation. As an expiry review does not provide for any examination of changed circumstances, it was not reconsidered whether producers were entitled to market economy treatment (‘MET’).

(20)

Statistical data showed that about 214 tonnes were imported to the EU from all sources, out of which about 137 tonnes originated in China, representing around 20 % of EU consumption.

2.   Sampling (exporters) and cooperation

(21)

It is recalled that, in the previous investigation, the results of which were published in May 2002, there was no cooperation from Chinese exporting producers and none were awarded MET or IT.

(22)

Sampling forms were sent out to 21 potential producers/exporters in the PRC but only two companies responded, only one of which cooperated with the investigation by completing a questionnaire response; sampling, therefore, was not warranted. This single response covered around 5 % of Chinese imports in the RIP. In terms of capacity this cooperator possessed around 17 % of total Chinese capacity.

(23)

In light of this very low level of cooperation and the limited representativeness of one company of the Chinese market and production, it was determined that no reliable information on imports of the product concerned to the Community during the RIP could be gathered directly from the exporting producers. Under these circumstances, and in accordance with Article 18 of the basic Regulation, the Commission resorted to the use of the facts available, i.e. CN code data. Nevertheless, the information in the single questionnaire response was used to the extent possible to cross check the results based on the data available pursuant to Article 18.

(24)

It was established that the CN code data were the best facts available for most of the aspects of this investigation. TARIC data and data collected under Article 14(6) of the basic Regulation confirmed the accuracy of the CN code figures.

(25)

Wherever warranted, export price data from cooperating producers and Chinese export statistics available to the Commission (which also included products other than the product concerned) used as a complement.

3.   Analogue country

(26)

Coumarin is a fragrance produced in only a few countries around the world and therefore the choice for an analogue country was extremely limited. According to the information available to the investigation, the only producing countries during the RIP were France, China and India. The USA was used in the previous review investigation but the company had since ceased its production. India was suggested in the Notice of Initiation but no Indian producer agreed to cooperate.

(27)

In light of these findings the normal value had to be established ‘on any other reasonable basis’ in accordance with Article 2(7)(a) of the basic Regulation. The Community industry data was considered reasonable for such a purpose.

4.   Dumping during the review investigation period

(28)

For the reasons explained at recital (23), dumping margins were calculated using CN code data which were cross-checked with the information received from the sole cooperating Chinese exporting producer. The export prices of the imports from China were adjusted to ensure that they were on a comparable basis to the normal value. These adjustments ensured that the calculations were made on the ex works basis and the difference between the export price and the normal value was expressed as a percentage of the CIF export price. On this basis, the margin of dumping was around 45 % during the RIP.

5.   Price comparisons

(29)

It was clear that should the measures be allowed to lapse that there was a clear incentive for the Chinese exporters to sell high volumes on the very large EU market. This conclusion is based on the following information calculated during the investigation:

(i)

Chinese domestic prices in the RIP were around 25 % lower than those on the EU market;

(ii)

the Chinese producers sell most of their production on export markets because their domestic market is not large enough to absorb all their production and because domestic prices are similar to those achievable in third country markets;

(iii)

Community market prices were higher than the export prices to third countries achieved by the Chinese exporting producers, which would signal that dumping exists also in other third country markets and that there would be a significant incentive for producers in the PRC to re-direct their exports to the Community.

6.   Unused capacity and stocks in the PRC

(30)

In the previous investigation which concluded in May 2002, it was established that there was an enormous availability of unused Chinese production capacity (between 50 % and 60 % of production capacity). Due to the low cooperation rate of the Chinese exporting producers very little information was made available to the investigation concerning current unused capacity and stocks in the PRC.

(31)

However, according to its questionnaire response, the sole cooperator had substantial unused capacity. This producer had around 500 tonnes in stock at the end of the RIP, which represented more than 70 % of the EU market in the RIP. Bearing in mind that this producer only represents between 15-20 % of the Chinese production capacity it is likely that even higher stocks are available to penetrate the EU market should measures be repealed.

7.   Possible absorption capacity of third country markets or home market of PRC

(32)

Bearing in mind the above price comparisons and availability of unused capacity and stocks it cannot be argued that Chinese production will be absorbed by third country markets and the Chinese domestic market. This is because consumption on the third country markets has remained relatively stable over the past 10 years and is expected to remain stable in the future. Bearing this in mind it is evident that the Chinese producers are likely to need to continue to export to the Community. This is due to the fact that the EU market is one of the most attractive in the world bearing in mind its size and the relatively high prices that can be achieved. If measures are repealed, it is clear that even larger volumes of dumped imports would be re-directed into the EU market.

8.   Circumvention practices

(33)

As mentioned in recital (1), the measures under review have been extended to India, Thailand, Malaysia and Indonesia as a result of a circumvention investigation. This indicates the strong interest of the Chinese producers to enter the Community market and their willingness to do so even when anti-dumping measures are in place. The existence of the circumvention practices therefore support the conclusion that there is a strong likelihood that greater levels of dumped imports would return to the Community market should the measures be repealed.

9.   Conclusion on the likelihood of a continuation and/or recurrence of dumping

(34)

On the basis of the above, it is concluded that dumping is likely to continue should measures be repealed.

D.   DEFINITION OF THE COMMUNITY INDUSTRY

(35)

The company represented by the applicant was the only producer of coumarin in the Community during the investigation period. This Community producer is therefore deemed to constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation.

E.   ANALYSIS OF THE SITUATION IN THE COMMUNITY

1.   Community consumption (7)

(36)

The product under review constitutes a part of a single CN Code. In order to establish the volume of products within this CN code which are not the product concerned the Commission services compared CN data with other available statistical sources as mentioned in recital (23). This comparison showed that almost 100 % of the products imported under this code were in fact the product concerned.

(37)

The Community consumption was therefore established in adding the full CN Code data for the imports into the European Community to the sales volumes of the Community industry on the Community market as reported in the questionnaire reply.

(38)

Overall, the apparent consumption of coumarin decreased by 8 % during the period under review, with a decrease until 2005 and an increase thereafter. Consumption levels would now have appeared to have stabilised.

(39)

The Community consumption developed as follows:

Table 1

 

2003

2004

2005

2006

RIP

Community consumption

(index 2003 = 100)

100

91,4

82,4

90

92,3

2.   Imports from the country concerned

(a)   Volume and market share

(40)

As explained in recital (36) CN code 2932 21 00 was used as the source for the imports of the product concerned onto the Community.

(41)

With respect to the Chinese imports, attention must be paid to the proven circumvention practices that led to the extension of measures to imports of coumarin from India, Thailand, Indonesia and Malaysia. As a consequence of the anti-circumvention measures adopted, imports originating in the PRC as well as imports originating in PRC but shipped from other countries have decreased during the period under review. While the imports of Chinese origin is still significant this decrease showed that the anti-circumvention measures were effective.

(42)

As explained in recital (38) the apparent consumption decreased in the period considered. The Chinese imports diminished even further in proportion to the consumption resulting in a loss of market share in the Community to the benefit of the Community industry. The volume of imports from third countries into the Community remained at the same level during the period under review.

Table 2

 

2003

2004

2005

2006

RIP

Volume of dumped imports

(index 2003 = 100)

100

99,4

49,7

47

50,1

Volume of imports from third countries

100

78

74,7

65,5

66,6

Range of market share of dumped imports

30 %-40 %

40 %-50 %

20 %-30 %

10 %-20 %

20 %-30 %

(b)   Prices

(43)

Over the period under review, the average CIF prices of the coumarin imported from China were steadily far below the Community industry’s prices.

3.   Economic situation of the Community industry

(a)   Production

(44)

The Community industry had to decrease its production volume of the product concerned by 25 % between 2003 and the RIP. This is linked to the fact that from 2003 and onwards, the Community industry lost sales volume due to circumvention practices. Furthermore, it also lost sales volume in exports to third countries as the Community industry also in the third country export markets faced the pressure of low-priced Chinese exports.

(b)   Capacity and capacity utilisation

(45)

As explained in recitals (36) to (39), the Community industry’s sales of the product concerned in the Community were relatively stable throughout the period under revision. However, during the same period, the Community industry saw a serious decline in the volume exported to third countries. In these circumstances in order to optimise the level of capacity utilisation, the Community industry had to reduce capacity. This notwithstanding, capacity utilisation remained relatively low.

Table 3

 

2003

2004

2005

2006

RIP

Production

100

63,4

66,3

70,3

75,4

Production capacity

100

63,5

63,5

63,5

63,5

Capacity utilisation

100

99,8

104,4

110,8

118,8

(c)   Sales in the Community

(46)

The sales volume in the EC of the Community industry has increased by 36 % during the period under review. This development was made possible due to the extension of the measures for a new period of five years and due to the effective elimination of circumvention practices. In consequence and as explained in recital (41), the Chinese imports decreased during that same period of time. Imports from India, the only other known third country producing coumarin, were limited to that under the undertaking.

(d)   Stocks

(47)

The level of the stocks of the Community industry decreased during the period under review.

(e)   Market shares

(48)

The Community industry gained market share during the period under review. As explained in recitals (41) and (42) the efficiency of the measures in place has allowed the Community industry to recover market share. The 22 percentage points increase of market share during the period under review was clearly linked to the elimination of the circumvention practices.

(f)   Prices

(49)

The average net sales price of coumarin on the EC market decreased by 10 % in 2004 in comparison with the prices of the year 2003. After 2004, the prices recovered gradually but never reached those of 2003 in the RIP. A full recovery in terms of price was thus far not reached, as would have been expected.

(50)

The price situation reflects the strong pressure by imports from China. Over the period considered, the average CIF prices of the imports from China were steadily far below the Community industry’s prices. With the measures in place, during the RIP, coumarin originating in China was sold at the same prices as those of the Community industry. To this end the prices of Chinese exports has acted as ceiling forcing Community industry to align their prices accordingly As a consequence, Community industry prices are severely depressed and the industry shows low profitability.

(51)

For the purpose of determining the continuation of undercutting by coumarin originating in China, Community industry’s ex-works prices to unrelated customers have been compared with the CIF Community frontier import prices using CN code data as explained in recital (23). The comparison showed that while prices were close to the non-injurious price established for the Community industry, imports were not undercutting the prices of the Community industry.

Table 4

 

2003

2004

2005

2006

RIP

Stocks

100

50,3

31

20,9

3,7

Market shares of the C.I.

100

98

136,5

149,3

148

Prices

100

90,4

93,7

96,6

97,3

(g)   Profitability

(52)

The profitability on sales of the product concerned to unrelated customers in the Community appears to be slightly positive during the RIP. It remained negative from the year 2004 onwards with a small improvement as from the year 2006. This low profitability level is partially due to depressed sales prices as explained in recitals (49) and (50), combined with an increase in cost, notably as concerns the price of raw materials. Improvement of the productivity could only partly compensate for the negative impact of these elements on the profitability. Overall the profit was well below the normal profit for the whole period considered.

(h)   Cash flow and ability to raise capital

(53)

The development of the cash flow generated by the Community industry in relation to sales of the product concerned on the EU market mirrors the development of profitability. It is worth noting that, while the cash flow was low, it remained in positive values during the period under review.

(54)

The investigation established that the Community industry is not experiencing any difficulties to raise capital and that capital expenditure was very limited through the period under review. The ability to raise capital cannot, however, be considered as a meaningful indicator for this investigation since the Community industry is a large group for which the production of coumarin represents only a small part of its total production. The ability to raise capital is closely linked to the performance of the group as a whole rather than the individual performance of the product concerned.

(i)   Employment, productivity and wages

(55)

Employment by the Community industry decreased during the period under review in particular from the year 2004 onwards. This decrease is linked to the reorganisation of the production process of coumarin undertaken by Community industry. The productivity of the Community industry measured in terms of production volume per person employed increased markedly during the period under investigation.

(56)

The cost of wages as a whole diminished as a direct consequence of the reorganisation described under recital (55). The average wages per employee remained at the same level during the period under review.

Table 5

 

2003

2004

2005

2006

RIP

Employees

100

86

61

57

57

Wages

100

89,6

65,5

63,4

63,4

Productivity

100

76,4

111,8

129,4

135,3

(j)   Investment and return on investment

(57)

During the period under investigation, the level of investments reached its peak in 2004, whereas since then it started to decrease. Under the current market conditions, the Community industry is more concerned with maintaining the existing production equipment than with extending production capacity.

(58)

Seen from this perspective, the return on investment expressed as the relation between the net profit of the Community industry and the book value of its fixed assets mirrors the profitability trend as explained in recital (52).

(k)   Growth

(59)

As explained from recital (36) onwards the sales volume of the Community industry on the EU market has largely increased allowing the Community industry to recover significant market share.

(l)   Magnitude of the dumping margin

(60)

The analysis with regard to the magnitude of dumping takes into account the fact that there are measures in force in order to eliminate injurious dumping. Nevertheless, given the volume of imports during the RIP combined with a significant level of dumping found (see recital (28)), its impact on the situation of the Community industry cannot be considered negligible.

(m)   Recovery from the effects of past dumping

(61)

It should also be taken into account that the Community industry would not have been able to recover from past dumping after the imposition of the anti-dumping measures in 2002 because of circumvention practices against which measures were only adopted in 2004 and 2006. Before the imposition of anti-circumvention measures by the Council on India, Thailand, Indonesia and Malaysia and the acceptance of the undertaking by the Commission in 2005, the level of imports from the four countries above was considerable and prevented the Community industry from recovering from the effects of dumping.

4.   Conclusion on the situation of the Community market

(62)

The imposition of the anti-dumping measures on imports of coumarin originating from the PRC and the extension of the measures to the countries from which circumvention was found has had a positive impact on the Community industry, in that it allowed a partial recovery from a difficult economic situation. The continuous efforts made by the Community industry in terms of cost cutting and increase of productivity per employee could only just counterbalance the increase of raw material prices and the decrease in sales prices on the Community market.

(63)

The circumvention practices of the Chinese producers, as explained in recital (33), support the conclusion that the Chinese exporting producers have a strong interest in entering the Community market.

(64)

Having regard to the above analysis, the situation of the Community industry is still precarious although the measures have served to limit the injurious effects of dumping. Any increase of imports at dumped prices would however in all likelihood aggravate the situation and wipe out all the efforts made by the Community industry that would in all likelihood have to cease production of coumarin.

F.   LIKELIHHOOD OF RECURRENCE OF INJURY

1.   Likelihood of recurrence of injury

(65)

With regard to the likely effect on the Community industry of the expiry of the measures in force, the following factors were considered in line with the elements summarised in recitals (28) to (34).

(66)

The Community industry has increased the volume of its sales on the Community market as a consequence of the measures in force. It is clear from the data that the market share of the Community industry has increased significantly in a market where the consumption decreased by 8 % during the period under review. However, the Community industry continued to suffer from price depression.

(67)

As explained above in recital (38) while the consumption decreased by 8 %, the forecast of the world consumption of coumarin, although subject to a certain extent to fashion trends, is not expected to change to a major degree. In the absence of measures, there are clear indications that significant imports from China will continue at dumped prices. Moreover, the large spare production capacity in China suggests that there is a significant likelihood that the import volumes in the Community would increase if the measures were repealed.

(68)

The extension of measures following the anti-circumvention proceedings was largely effective in terms of halting the circumvention practices of the product concerned originating in the PRC but consigned from India, Thailand, Indonesia and Malaysia. It is likely that the Chinese exporting producers will have to pursue aggressive price practices in the Community in order to compensate for the market share that was lost when circumvention was stopped.

(69)

As concluded above in recital (29) the investigation has established that there would be a clear incentive for the Chinese exporters to direct large volumes to the Community should measures allow to lapse. This would allow the Chinese exporters to use some of their excess capacity.

(70)

The likelihood of this development is further supported by the fact that the prices in the Community are higher than the Chinese export prices to other third countries. This would most certainly encourage the Chinese producers to increase activities in the Community market.

(71)

The increase in imports at lower prices, which would be the likely consequence of the lifting of measures, would also most likely have significantly detrimental effects on Community industry. Under such circumstances the Community industry would either have to follow the decrease in prices in order to maintain market share, or maintain sales prices at current level and instead loose customers and eventually sales. In the former case, Community industry would have to operate at a loss and in the latter case the loss of sales as such would eventually lead to increased costs followed by losses.

(72)

Therefore, should imports increase as forecasted in the case of termination of measures, the investigation has revealed that there is a clear likelihood of recurrence of injury to a Community industry that is already in a fragile state. In essence, it would no longer be viable for Community industry to continue production of coumarin.

G.   COMMUNITY INTEREST

1.   Introduction

(73)

According to Article 21 of the basic Regulation, the Commission examined whether a prolongation of the existing anti-dumping measures would be against the interest of the Community as a whole. The determination of the Community interest was based on an appreciation of all various interests involved, i.e. those of the Community industry, the importers/traders and the users of the coumarin. In order to assess the likely impact of maintaining or repealing the measures, the Commission requested information from all interested parties mentioned above.

(74)

On this basis it was examined whether, despite the conclusions on the likelihood of continuation of dumping and likely recurrence of injury, compelling reasons existed which would lead to the conclusion that it is not in the interest of the Community to maintain measures in place in this particular case.

2.   Interest of the Community industry

(75)

It would clearly be in the interest of the sole Community producer to be able to continue with the production of coumarin.

(76)

It is also considered that, should the anti-dumping measures be repealed, dumping is likely to continue and increase resulting in a continuous deterioration of the situation of the Community industry, to the point when the industry would in all likelihood disappears.

(77)

Overall, it can be concluded that the continuation of measures clearly would be in the interest of the Community industry.

3.   Interest of importers and users

(78)

Thirteen importers and 10 industrial users were contacted and questionnaires were sent. The Commission services received four answers from companies that agreed to cooperate.

(79)

Out of the four answers, one importer expressed opposition to the measures, as it was primarily concerned about price when sourcing the product concerned. This company did however also state that the impact of the cost of the coumarin on its total cost of production is very limited.

(80)

Although the product concerned is used in other industries, where quite often it cannot be substituted, its importance in the composition of the finished product is very limited in quantities and in prices, in most cases less than one percent. The impact of the duty on the user as well as on final consumer is therefore very limited.

(81)

Some users stated that they have a strong preference for coumarin of Community origin due to its quality advantages. These users would be seriously affected if the Community industry were to stop its production as a result of the measures being repealed.

(82)

In analysing Community interest, the need to eliminate the trade-distorting effects of injurious dumping and to restore effective competition should be considered, in particular. In this respect it should be noted that the coumarin world market is very concentrated with only a few producers, with the most important located in China and in the Community. From that perspective, the safeguarding of several sources of supply (including the Community industry) should be considered as important. Moreover, it should also be recalled that the purpose of the anti-dumping measures is not to restrict supply from sources outside the Community, and that coumarin originating in China may still continue to be imported to the Community in sufficient quantities.

(83)

The above considerations seen in conjunction with the low level of cooperation, confirms that importers and users did not suffer any substantial negative effect on their economic situation as a result of the measures currently in force. Furthermore, the investigation has not revealed that any such negative effects would be aggravated should measures be prolonged.

4.   Conclusion on Community interest

(84)

Taking into account all the above factors, it is concluded that there are no compelling reasons the continuation of the measures would be against the Community interest.

H.   ANTI-DUMPING MEASURES

(85)

All parties were informed of the essential facts and considerations on the basis of which it is intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure.

(86)

It follows from the above that the anti-dumping measures currently in force with regard to imports of coumarin originating in the People’s Republic of China should be maintained.

(87)

As outlined in recital (1), the anti-dumping duties in force on imports of the product concerned from the PRC were extended to cover, in addition, imports of coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia or not. The anti-dumping duty to be maintained on imports of the product concerned, should continue to be extended to imports of coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia or not. The Indian exporting producer referred to in recital (2) who was exempted from the measures on the basis of an undertaking accepted by the Commission should also be further exempted from the measures as imposed by this Regulation under the same conditions,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of coumarin falling within code ex 2932 21 00 (TARIC code 2932210019) originating in the People’s Republic of China.

2.   The rate of the duty is set at EUR 3 479 per tonne.

3.   The definitive anti-dumping duty of EUR 3 479 per tonne applicable to imports originating in China is hereby extended to imports of the same product mentioned in paragraph 1 consigned from India, Thailand, Indonesia and Malaysia whether declared as originating in India, Thailand, Indonesia and Malaysia or not (TARIC codes 2932210011, 2932210015 and 2932210016).

Article 2

1.   Imports declared for release into free circulation shall be exempt from the anti-dumping duty imposed by Article 1 provided that they are produced by companies from which undertakings are accepted by the Commission and whose names are listed in the relevant Commission Decision, as from time to time amended and have been imported in conformity with that Decision.

2.   Imports referred to in paragraph 1 shall be exempt from the anti-dumping duty on condition that:

(a)

a commercial invoice containing at least the elements listed in the Annex is presented to Member States’ customs authorities upon presentation of the declaration for release into free circulation; and

(b)

the goods declared and presented to customs correspond precisely to the description on the commercial invoice.

Article 3

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

Article 4

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 145 of Commission Regulation (EEC) No 2454/93 (8), the amount of the anti-dumping duty, calculated on the basis of the amount set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

Article 5

This Regulation shall enter into force on the day following 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, 29 April 2008.

For the Council

The President

D. RUPEL


(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  OJ L 123, 9.5.2002, p. 1. Regulation as amended by Regulation (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

(3)  OJ L 396, 31.12.2004, p. 18.

(4)  OJ L 311, 10.11.2006, p. 1.

(5)  OJ L 1, 4.1.2005, p. 15.

(6)  OJ C 103, 8.5.2007, p. 15.

(7)  For confidentiality reasons, given that one single Community producer constitutes the Community industry; the figures contained in this Regulation will be indexed or given approximately.

(8)  OJ L 253, 11.10.1993, p. 1.


ANNEX

The following information shall be indicated on the commercial invoice accompanying the company’s sales of coumarin to the Community which are subject to the Undertaking:

1.

the heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’;

2.

the name of the company referred to in Article 2(1) issuing the commercial invoice;

3.

the commercial invoice number;

4.

the date of issue of the commercial invoice;

5.

the TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier;

6.

the exact description of the goods, including:

Product Code Number (PCN) used for the purposes of the investigation and the undertaking,

plain language description of the goods corresponding to the PCN concerned (e.g. PCN …),

company product code number (CPC) (if applicable),

CN code,

quantity (to be given in kilograms);

7.

name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company;

8.

the name of the official of the company that has issued the invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by [company] and accepted by the European Commission through Decision [insert number]. I declare that the information provided in this invoice is complete and correct.’


11.7.2008   

EN

Official Journal of the European Union

L 183/13


COMMISSION REGULATION (EC) No 655/2008

of 10 July 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 11 July 2008.

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

Done at Brussels, 10 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

(2)  OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regulation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).


ANNEX

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

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

33,6

MK

19,3

TR

54,9

ZZ

35,9

0707 00 05

TR

106,9

ZZ

106,9

0709 90 70

TR

96,0

ZZ

96,0

0805 50 10

AR

97,9

US

76,1

UY

75,0

ZA

94,5

ZZ

85,9

0808 10 80

AR

126,0

BR

93,1

CL

104,2

CN

87,0

NZ

119,5

US

88,2

UY

93,6

ZA

99,1

ZZ

101,3

0808 20 50

AR

108,2

CL

104,9

CN

113,9

NZ

130,6

ZA

116,5

ZZ

114,8

0809 10 00

TR

183,0

XS

130,8

ZZ

156,9

0809 20 95

TR

375,3

US

179,9

ZZ

277,6

0809 30

TR

175,4

ZZ

175,4

0809 40 05

IL

217,7

ZZ

217,7


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


11.7.2008   

EN

Official Journal of the European Union

L 183/15


COMMISSION REGULATION (EC) No 656/2008

of 10 July 2008

registering certain names in the Register of protected designations of origin and protected geographical indications (Chamomilla Bohemica (PDO), Vlaams-Brabantse tafeldruif (PDO), Slovenská parenica (PGI), Cipollotto Nocerino (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

(1)

In accordance with the first subparagraph of Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Chamomilla Bohemica’, Belgium’s application to register the name ‘Vlaams-Brabantse tafeldruif’, Slovakia’s application to register the name ‘Slovenská parenica’ and Italy’s application to register the name ‘Cipollotto Nocerino’ were published in the Official Journal of the European Union  (2).

(2)

As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, these names should be entered in the Register,

HAS ADOPTED THIS REGULATION:

Article 1

The names in the Annex to this Regulation are hereby entered in the Register of protected designations of origin and protected geographical indications.

Article 2

This Regulation shall enter into force on the 20th day following 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 July 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)  OJ L 93, 31.3.2006, p. 12. Regulation as last amended by Commission Regulation (EC) No 417/2008 (OJ L 125, 9.5.2008, p. 27).

(2)  OJ C 243, 17.10.2007, p. 11 (Chamomilla Bohemica), OJ C 244, 18.10.2007, p. 40 (Vlaams-Brabantse tafeldruif), OJ C 249, 24.10.2007, p. 26 (Slovenská parenica), OJ C 257, 30.10.2007, p. 54 (Cipollotto Nocerino).


ANNEX

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

Class 1.3.   Cheeses

SLOVAKIA

Slovenská parenica (PGI)

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

BELGIUM

Vlaams-Brabantse tafeldruif (PDO)

ITALY

Cipollotto Nocerino (PDO)

Class 1.8.   Other products of Annex I to the Treaty (spices etc.)

CZECH REPUBLIC

Chamomilla Bohemica (PDO)


11.7.2008   

EN

Official Journal of the European Union

L 183/17


COMMISSION REGULATION (EC) No 657/2008

of 10 July 2008

laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 102 in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EC) No 2707/2000 of 11 December 2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments (2) has been substantially amended several times (3). Since further amendments are necessary, that Regulation should be repealed and replaced by a new Regulation in the interest of clarity and rationality.

(2)

The aid for supplying milk and certain milk products to pupils should be available at nurseries, other pre-school establishments, primary and secondary schools. In the light of the fight against obesity, and in order to provide children with healthy dairy products, these type of schools should be treated equally and have access to the scheme. To simplify management, consumption by pupils in residence at school holiday camps should be excluded.

(3)

In order to clarify the application of the aid scheme it should be stressed that pupils should benefit from the aid only during school days. Moreover, the total number of school days should be confirmed by the educational authority or by the educational establishment of each Member State, excluding holidays.

(4)

Experience has shown monitoring difficulties as regards the use of subsidised milk products in the preparation of meals served to pupils. Moreover, this is not an effective way of attaining the educational purpose of the scheme. Therefore the preparation of meals should be restricted accordingly.

(5)

To take into account the different consumption habits of milk and certain milk products in the Community and to respond to the existing health and nutritional tendencies, the list of eligible products should be extended and simplified while leaving the possibility for Member States to determine their own range of products in compliance with that list.

(6)

In order to ensure that the products eligible for aid offer a high level of health protection, those products should be prepared in accordance with the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (4), and carry the identification mark required by Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (5).

(7)

For the purposes of the management and supervision of the aid scheme an approval procedure for applicants should be established.

(8)

The rate of aid for the various eligible products should be determined taking into account the rate for milk as laid down in Article 102 of Regulation (EC) No 1234/2007 as well as technical relations between the products.

(9)

As regards the payment of the aid, the requirements to be met by applicants should be specified and rules on the lodging of applications, on the checks and sanctions to be applied by the competent authorities and on the payment procedure should be laid down.

(10)

Under Article 102(4) of Regulation (EC) No 1234/2007, the maximum daily quantity per pupil on which aid can be granted is the equivalent of 0,25 litres of milk. Equivalences between milk and the various other products should be specified.

(11)

Rules on supervision of the aid scheme should be laid down by the Member States in order to guarantee that the aid is duly reflected in the price paid by beneficiaries and that subsidised products are not deflected from their intended use.

(12)

To protect the Community's financial interests, adequate control measures should be adopted to combat irregularities and fraud. These control measures should involve full administrative checking supplemented by on-the-spot checks. The scope, content, timing and reporting of such control measures should be specified to ensure an equitable and uniform approach between Member States, taking account of their different scheme implementation. Furthermore, unduly paid amounts should be recovered and sanctions should be determined in order to deter applicants from fraudulent behaviour.

(13)

In order to simplify the administrative work of the Member States, the calculation of the maximum subsidisable quantity for the aid should be made on the basis of the number of pupils in regular attendance as established in the applicant's roll.

(14)

Experience has shown that the beneficiaries are not sufficiently aware of the role played by the European Union in the school milk scheme. The subsidising role of the European Union in the scheme should therefore be clearly indicated in each educational establishment participating in the school milk scheme.

(15)

Certain information related to the school milk scheme should be forwarded to the Commission each year for monitoring purposes.

(16)

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

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down rules for applying Regulation (EC) No 1234/2007 as regards Community aid for supplying certain milk products to pupils in educational establishments (hereinafter the aid) under Article 102 of that Regulation.

Article 2

Beneficiaries

The beneficiaries of the aid shall be pupils in regular attendance at the following types of educational establishment: nursery schools/other pre-school establishments, primary and secondary schools, administered or recognised by the Member State's competent authority.

Article 3

Eligible products

1.   Member States may pay the aid on eligible products listed in Annex I. They may apply stricter standards in compliance with the requirements for eligible products specified in Annex I.

2.   In the French overseas departments, milk flavoured with chocolate or otherwise, referred to in Annex I, may be reconstituted milk.

3.   Member States may authorise the addition of a maximum of 5 mg of fluorine per kilogram to category I products.

4.   Aid shall only be granted on the products listed in Annex I to this Regulation if the products comply with the requirements of Regulation (EC) No 852/2004 and Regulation (EC) No 853/2004, and in particular with the requirements concerning preparation in an approved establishment and the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004.

Article 4

Rate of aid

1.   The aid rates are set out in Annex II.

2.   If an aid rate in euro is altered, the rate in force on the first day of the month shall apply to all quantities supplied during that month.

3.   If the quantities supplied are expressed in litres, the coefficient 1,03 shall be used for conversion into kilograms.

Article 5

Maximum subsidisable quantity

1.   Member States shall verify that the maximum 0,25 litre quantity referred to in Article 102(4) of Regulation (EC) No 1234/2007 is not exceeded, taking into account the number of school days and the number of pupils in regular attendance during the period covered by a payment application and taking into account the coefficient referred to in Article 4(3) of this Regulation.

2.   For products in categories II to V listed in Annex I in the verification referred to in paragraph 1 the following equivalences shall be used:

(a)

category II: 100 kg = 90 kg of milk;

(b)

category III: 100 kg = 300 kg of milk;

(c)

category IV: 100 kg = 899 kg of milk;

(d)

category V: 100 kg = 765 kg of milk.

3.   The beneficiaries specified in Article 2 shall benefit from the aid only on school days. The total number of school days, excluding holidays, shall be notified by the education authority or by the educational establishment to the competent authority of the Member State and, where appropriate, to the applicant. Pupils shall not benefit from the aid during stays at holiday camps.

4.   Milk and milk products used in the preparation of meals shall not benefit from the aid.

However, milk and milk products used in the preparation of meals within the premises of the educational establishment and which do not involve heat treatment may benefit from the aid. Moreover, heating of products listed under Category I(a) and (b) of Annex I may be allowed.

5.   For the purposes of paragraph 4 with regard to differentiating products used in heated preparation and non-heated preparation and/or direct consumption a coefficient may be used, established on the basis of quantities used in the past and/or recipes to the satisfaction of the Member State concerned.

Article 6

General conditions for granting the aid

1.   An aid application is only valid if lodged by an applicant approved in accordance with Articles 7, 8 and 9 for the supply of Community products listed in Annex I.

2.   Aid can be applied for by:

(a)

an educational establishment;

(b)

an education authority in respect of the products distributed to the pupils within its area;

(c)

the supplier of the products, if the Member State so provides;

(d)

an organisation acting on behalf of one or more educational establishments or education authorities and specifically established for that purpose, if the Member State so provides.

Article 7

Approval of applicants

Applicants for aid must be approved for that purpose by the competent authority of the Member State in which the educational establishment to which the products are supplied is located.

Article 8

General conditions for approval

1.   Approval is conditional on the following written commitments by the applicant to the competent authority:

(a)

to use the products only for consumption in accordance with this Regulation by the pupils of its educational establishment or of the establishments in respect of which it will apply for aid;

(b)

to repay any aid unduly paid, for the quantities concerned, if it has been found that the products have not been distributed to the beneficiaries referred to in Article 2 or that it has been paid for quantities other than those established in accordance with Article 5;

(c)

to make supporting documents available to the competent authorities on their request;

(d)

to submit to any check decided on by the Member State's competent authority, in particular the scrutiny of records and physical inspection.

2.   Approvals granted under Articles 7, 8 and 9 of Regulation (EC) No 2707/2000 remain valid for the purposes of this Regulation.

Article 9

Specific conditions for the approval of certain applicants

If the aid is to be applied for by an applicant referred to in Article 6(2)(c) and (d), the applicant must make a written commitment, in addition to those referred to in Article 8, to keep records of the names and addresses of the educational establishments or, where appropriate, education authorities and the products and quantities sold or supplied to these establishments or authorities.

Article 10

Suspension and withdrawal of approval

If it is found that an applicant for aid no longer meets the conditions laid down in Articles 8 and 9, or any other obligation under this Regulation, approval shall be suspended for one to twelve months or withdrawn, depending on the gravity of the irregularity.

Such action shall not be taken in cases of force majeure or if the Member State finds that the irregularity was not committed deliberately or by negligence or was of minor importance.

Approval, once withdrawn, can be restored at the applicant's request after a minimum period of twelve months.

Article 11

Payment applications

1.   Payment applications must be made as specified by the Member State's competent authority and include at least the following information:

(a)

the quantities distributed by category and subcategory of product;

(b)

the name and address or a unique identification number of the educational establishment or education authority to which the information under point (a) relates.

2.   Member States shall specify the frequency of applications. These may cover periods of one to seven months.

3.   Except in cases of force majeure, aid applications must, in order to be valid, be correctly filled in and be lodged by the last day of the third month following the end of the period to which they relate.

If this time limit is overrun by less than two months the aid shall still be paid but reduced:

(a)

by 5 % if the overrun is one month or less;

(b)

by 10 % if the overrun is more than a month but less than two months.

4.   The amounts shown in the application must be supported by documentary evidence held available for the competent authorities. This must show separately the price of each product delivered and be receipted or accompanied by proof of payment.

Article 12

Payment of the aid

1.   Without prejudice to Article 11(4), the aid shall be paid to suppliers or organisations referred to in Article 6(2)(c) and (d) only:

(a)

on presentation of a receipt for the quantities actually delivered; or

(b)

on the basis of the report of an inspection made by the competent authority before final payment of the aid, establishing that the payment requirements have been met; or

(c)

if the Member State so authorises, on presentation of an alternative proof that the quantities delivered for the purposes of this Regulation have been paid for.

2.   The aid shall be paid by the competent authority within three months of the day of lodging of the correctly filled and valid application referred to in Article 11, unless administrative inquiries have been initiated.

Article 13

Payment of advances

1.   Member States may pay an advance equal to the amount of the aid applied for, against a security equal to 110 % of the amount advanced.

2.   If a supplier or an organisation referred to in Article 6(2)(c) and (d) applies for an advance the competent authority may pay it on the basis of the quantities delivered without requiring the documentary evidence referred to in Article 12(1). Within one month of the advance being paid, the supplier or organisation shall forward to the competent authority the documents required for the final payment of the aid, unless the latter draws up a report as provided for in Article 12(1)(b).

Article 14

Price monitoring

1.   Member States shall take whatever action is necessary to ensure that the amount of the aid is duly reflected in the price paid by the beneficiary.

2.   Member States may set maximum prices to be paid by beneficiaries for the various products listed in Annex I that are distributed on their territory.

Article 15

Controls and sanctions

1.   Member States shall take all necessary measures to ensure compliance with this Regulation. These measures shall include full administrative checking of aid applications, which shall be supplemented by on-the spot checks as specified in paragraphs 2 to 8.

2.   Administrative checks shall be conducted on all aid applications and shall include checking of supporting documents as defined by the Member States, relating to product delivery and compliance with the maximum quantities per pupil per day referred to in Article 5(1).

The administrative checks referred to in the first subparagraph shall be supplemented by on-the spot checks carried out in particular on:

(a)

the impact of the aid on the price paid by the beneficiary;

(b)

the records referred to in Article 9 including financial records such as purchases and sales invoices and bank extracts;

(c)

use of the subsidised products in accordance with this Regulation, particularly if there are grounds for suspecting any irregularity.

3.   The total number of on-the-spot checks carried out in respect of each period running from 1 August to 31 July shall cover at least 5 % of all the applicants referred to in Article 6. When the number of applicants in a Member State is less than hundred, the on-the-spot checks shall be carried out on the premises of five applicants. When the number of applicants in a Member State is less than five, 100 % of the applicants shall be controlled. The total number of on-the-spot checks carried out in respect of each period running from 1 August to 31 July shall, moreover, cover at least 5 % of the aid distributed at national level.

4.   On-the-spot checks shall be conducted throughout the period from 1 August to 31 July and shall cover a period of at least the previous 12 months.

5.   The applicants subjected to on-the-spot checks shall be selected by the competent control authority taking due account of the different geographical areas, and on the basis of a risk analysis taking into consideration in particular the recurrent nature of errors and the findings of checks carried out in past years. The risk analysis shall also take account of the different amount of aid involved and type of applicants referred to in Article 6(2).

6.   In cases where the applicant referred to in Article 6(2)(b), (c) and (d) applies for the aid, the on-the-spot check carried out on the premises of the applicant shall be supplemented by on-the-spot checks on the premises of at least two educational establishments or at least of 1 % of the educational establishments stated on the applicant's roll, whichever is the greater.

7.   Provided that the purpose of the control is not jeopardised, advance notice, strictly limited to the minimum time period necessary, may be given.

8.   The competent control authority shall draw up a control report on each on-the-spot check. The report shall describe precisely the different items controlled.

The control report shall be divided into the following parts:

(a)

a general part containing, in particular, the following information:

(i)

the scheme, the period covered, the controlled applications, quantities of milk products on which the aid was paid and financial amount involved;

(ii)

the responsible persons present;

(b)

a part describing separately the checks carried out and containing, in particular, the following information:

(i)

the documents checked;

(ii)

the nature and extent of checks carried out;

(iii)

remarks and findings.

9.   For recovery of unduly paid amounts, Article 73(1), (3), (4) and (8) of Commission Regulation (EC) No 796/2004 (6) applies mutatis mutandis.

10.   Without prejudice to Article 10, in case of fraud, the applicant shall, in addition to the recovery of unduly paid amounts in accordance with paragraph 9, pay an amount equal to the difference between the amount initially paid and the amount the applicant is entitled to.

Article 16

European school milk poster

Educational establishments distributing products in accordance with this Regulation shall produce or have produced a poster in accordance with the minimum requirements laid down in Annex III, to be permanently situated at a clearly visible and readable place at the main entrance of the establishment.

Article 17

Notifications

1.   By 30 November following the end of the previous period running from 1 August to 31 July, Member States shall provide the Commission with summary details of the number of participating applicants and educational establishments, on-the-spot checks carried out and the related findings.

2.   Before 31 January each year Member States shall provide the Commission with at least the following information related to the previous period running from 1 August to 31 July:

(a)

the quantities of milk and milk products broken down by categories and sub-categories on which aid has been paid during the previous period running from 1 August to 31 July as well as the maximum permissible quantity and its calculation;

(b)

the estimated number of pupils participating in the school milk scheme.

3.   The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States. Those models shall not apply until the Management Committee for Common Organisation of Agricultural Markets has been informed.

Article 18

Repeal

Regulation (EC) No 2707/2000 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.

Article 19

Transitional provision

1.   Regulation (EC) No 2707/2000 continues to apply for deliveries carried out before 1 August 2008.

2.   Authorisations granted in accordance with Article 2(3) of Regulation (EC) No 2707/2000 continue to apply until 31 December 2008.

Article 20

Entry into force

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

It shall apply from 1 August 2008.

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

Done at Brussels, 10 July 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

(2)  OJ L 311, 12.12.2000, p. 37. Regulation as last amended by Regulation (EC) No 1544/2007 (OJ L 337, 21.12.2007, p. 64).

(3)  See Annex IV.

(4)  OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.

(5)  OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

(6)  OJ L 141, 30.4.2004, p. 18.


ANNEX I

LIST OF PRODUCTS ELIGIBLE FOR COMMUNITY AID

Category I

(a)

heat-treated milk (1);

(b)

heat-treated milk with chocolate, fruit juice (2) or flavoured, containing at least 90 % by weight of the milk indicated in point (a) and containing maximum 7 % of added sugar (3) and/or honey;

(c)

fermented milk products with or without fruit juice (2), flavoured or non-flavoured, containing at least 90 % by weight of the milk indicated in point (a) and containing maximum 7 % of added sugar (3) and/or honey.

Category II

Flavoured and non-flavoured fermented milk products with fruit (4), containing at least 80 % by weight of the milk indicated in Category I point (a) and containing maximum 7 % added sugar (5) and/or honey.

Category III

Flavoured and non-flavoured fresh and processed cheeses containing at least 90 % by weight of cheese.

Category IV

Grana Padano cheese and Parmigiano Reggiano cheese.

Category V

Flavoured and non-flavoured cheeses, containing at least 90 % by weight of cheese, and not falling under categories III and IV.


(1)  Including lactose free milk drink.

(2)  Fruit juice shall be applied in accordance with Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption.

(3)  For the purpose of this category, sugar shall mean the items listed under CN code 1701 and 1702. In the case of milk- and milk-derivative-based drinks, energy-reduced or with no added sugar, sweeteners shall be used in accordance with European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs.

(4)  For the purpose of this category, fermented milk products with fruit shall always contain fruit, fruit pulp, fruit purée or fruit juice. For the purpose of this category fruit shall mean the items listed under Chapter 8 of the Combined Nomenclature excluding nuts and products containing nuts. Fruit juice, fruit pulp and fruit purée shall be applied in accordance with Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption.

(5)  For the purpose of this category, sugar shall mean the items listed under CN code 1701 and 1702. The sugar added to the fruit shall be included in the maximum 7 % added sugar. In the case of milk- and milk-derivate-based preparations, energy-reduced or with no added sugar, sweeteners shall be used in accordance with European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs.


ANNEX II

Aid rates

(a)

EUR 18,15/100 kg for category I products;

(b)

EUR 16,34/100 kg for category II products;

(c)

EUR 54,45/100 kg for category III products;

(d)

EUR 163,14/100 kg for category IV products;

(e)

EUR 138,85/100 kg for category V products.


ANNEX III

Minimum requirements for the European school milk poster

Poster size: A3 or bigger

Letters: 1 cm or bigger

Title: European school milk

Content: At least the following wording taking into account the type of educational establishment:

‘Our [type of educational establishment (e.g. nursery/pre-school/school)] provides dairy products subsidised by the European Union under the European school milk scheme’.

It is recommended to emphasise nutritional benefits and nutritional guidelines for children.

Placement: Clearly visible and readable at the main entrance of the educational establishment.


ANNEX IV

Correlation table

Regulation (EC) No 2707/2000

This Regulation

Article 1

Article 1

Article 2(1)(a), (b) and (c)

Article 2

Article 2(2)

Article 2(3)

Article 3

Article 3(1), first sentence

Article 3(1), second sentence

Article 3(2), (3) and (4)

Article 3(2), (3) and (4)

Article 4(1)

Article 4(1)

Article 4(2)

Article 4(3), first subparagraph

Article 4(2)

Article 4(3), second subparagraph,

Article 4(4)

Article 4(3)

Article 5

Article 5

Article 6(1)

Article 6(1)

Article 6(2)

Article 6(2)

Article 7

Article 7

Article 8

Article 8(1)

Article 8(2)

Article 9(1)

Article 9

Article 9(2)

Article 10

Article 10

Article 11

Article 11

Article 12(1)(a)

Article 12(1)(a)

Article 12(1)(b)

Article 12(1)(b)

Article 12(1)(c)

Article 12(1)(c)

Article 12(2)

Article 12(2)

Article 12(3)

Article 13(1) and (2)

Article 13(1) and (2)

Article 13(3)

Article 14(1), first subparagraph

Article 14(1)

Article 14(1), second subparagraph, first sentence

Article 14(2)

Article 14(1), second subparagraph, second and third sentences

Article 14(2) and (3)

Article 15

Article 15

Article 16

Article 16

Article 17

Articles 17-20

Annex I

Annex I

Annex II

Annex II

Annex III

Annex IV


11.7.2008   

EN

Official Journal of the European Union

L 183/27


COMMISSION REGULATION (EC) No 658/2008

of 10 July 2008

fixing the export refunds on white and raw sugar exported without further processing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular the second subparagraph of Article 33(2) thereof,

Whereas:

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(b) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 318/2006.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Export refunds as provided for in Article 32 of Regulation (EC) No 318/2006 shall be granted on the products and for the amounts set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 11 July 2008.

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

Done at Brussels, 10 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.


ANNEX

Export refunds on white and raw sugar exported without further processing applicable from 11 July 2008

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

S00

EUR/100 kg

23,64 (2)

1701 11 90 9910

S00

EUR/100 kg

22,11 (2)

1701 12 90 9100

S00

EUR/100 kg

23,64 (2)

1701 12 90 9910

S00

EUR/100 kg

22,11 (2)

1701 91 00 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,2570

1701 99 10 9100

S00

EUR/100 kg

25,70

1701 99 10 9910

S00

EUR/100 kg

24,04

1701 99 10 9950

S00

EUR/100 kg

24,04

1701 99 90 9100

S00

EUR/1 % sucrose × 100 kg of net product

0,2570

NB: The destinations are defined as follows:

S00

All destinations with the exception of:

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia;

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.


(1)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

(2)  This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 % the refund amount applicable shall be multiplied, for each exporting operation concerned, by a conversion factor obtained by dividing by 92 the yield of the raw sugar exported, calculated in accordance with paragraph 3 of Point III of the Annex I of Regulation (EC) No 318/2006.


11.7.2008   

EN

Official Journal of the European Union

L 183/29


COMMISSION REGULATION (EC) No 659/2008

of 10 July 2008

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar for the 2007/08 marketing year (2) requires the issuing of partial invitations to tender.

(2)

Pursuant to Article 8(1) of Regulation (EC) No 900/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 10 July 2008, it is appropriate to fix a maximum export refund for that partial invitation to tender.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 10 July 2008, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 900/2007 shall be 29,036 EUR/100 kg.

Article 2

This Regulation shall enter into force on 11 July 2008.

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

Done at Brussels, 10 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

(2)  OJ L 196, 28.7.2007, p. 26. Regulation as last amended by Commission Regulation (EC) No 148/2008 by Commission Regulation (OJ L 46, 21.2.2008, p. 9).


11.7.2008   

EN

Official Journal of the European Union

L 183/30


COMMISSION REGULATION (EC) No 660/2008

of 10 July 2008

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender.

(2)

Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 9 July 2008, it is appropriate to fix a maximum export refund for that partial invitation to tender.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 9 July 2008, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007 shall be 364,99 EUR/t.

Article 2

This Regulation shall enter into force on 11 July 2008.

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

Done at Brussels, 10 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

(2)  OJ L 242, 15.9.2007, p. 8. Regulation as last amended by Commission Regulation (EC) No 148/2008 (OJ L 46, 21.2.2008, p. 9).


II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

11.7.2008   

EN

Official Journal of the European Union

L 183/31


COUNCIL DECISION

of 27 June 2008

appointing three Judges of the European Union Civil Service Tribunal

(2008/569/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 225a thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140b thereof,

Whereas:

(1)

The European Union Civil Service Tribunal, (hereinafter referred to as Civil Service Tribunal) was established by Council Decision 2004/752/EC, Euratom (1). To that end, that Decision added an Annex to the Protocol on the Statute of the Court of Justice (hereinafter referred to as Annex I to the Statute of the Court of Justice).

(2)

By Decision 2005/150/EC, Euratom (2), the Council determined the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the Civil Service Tribunal, as provided for in Article 3(2) of Annex I to the Statute of the Court of Justice.

(3)

By Decision 2005/49/EC, Euratom (3) of 18 January 2005, the Council determined the operating rules of the committee provided for in Article 3(3) of Annex I to the Statute of the Court of Justice (hereinafter referred to as committee).

(4)

By Decision 2005/151/EC, Euratom (4), the Council appointed the members of the committee.

(5)

By Decision 2005/577/EC, Euratom (5), after consultation of the committee, the Council appointed the seven Judges of the Civil Service Tribunal. Pursuant to Article 2 of that Decision, three of the Judges were appointed for a period of three years, running from 1 October 2005 to 30 September 2008. Following the choice by lot carried out by the President of the Council at the meeting on 12 October 2005, the duties of the Judges Irena BORUTA, Horstpeter KREPPEL and Sean VAN RAEPENBUSCH will end on 30 September 2008 (6).

(6)

A public call for applications for the appointment of three judges to the Civil Service Tribunal for the period from 1 October 2008 to 30 September 2014 was published on 7 December 2007 (7). The deadline for the submission of applications expired on 25 January 2008. Fifty-three applications were received, including those of the three retiring judges.

(7)

The committee met on 3 and 4 March and on 9 and 10 April 2008. On completion of its discussions, it finalised the opinion and the list provided for in Article 3(4) of Annex I to the Statute of the Court of Justice. The list contains six candidates.

(8)

Under the fourth paragraph of Article 225a of the EC Treaty and the fourth paragraph of Article 140b of the EAEC Treaty, Judges of the Civil Service Tribunal are appointed by the Council.

(9)

Accordingly, it is appropriate to appoint three of the persons included on that list, ensuring a balanced composition of the Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented, as provided for in Article 3(1) of Annex I to the Statute of the Court of Justice.

(10)

The decision to appoint the three retiring judges of the Civil Service Tribunal for a new term of office is taken by the Council, taking into account the exceptional fact that their effective term of office has been two years. Under no circumstances shall this constitute a precedent,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed Judges at the European Union Civil Service Tribunal for a period of six years, from 1 October 2008 to 30 September 2014:

Irena BORUTA,

Horstpeter KREPPEL,

Sean VAN RAEPENBUSCH.

Article 2

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 27 June 2008.

For the Council

The President

D. RUPEL


(1)  OJ L 333, 9.11.2004, p. 7.

(2)  OJ L 50, 23.2.2005, p. 7.

(3)  OJ L 21, 25.1.2005, p. 13.

(4)  OJ L 50, 23.2.2005, p. 9.

(5)  OJ L 197, 28.7.2005, p. 28.

(6)  OJ C 262, 21.10.2005, p. 1.

(7)  OJ C 295, 7.12.2007, p. 26.


11.7.2008   

EN

Official Journal of the European Union

L 183/33


COUNCIL DECISION

of 8 July 2008

appointing a Portuguese member of the Economic and Social Committee

(2008/570/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2006/651/EC, Euratom (1),

Having regard to the proposal submitted by the Portuguese Government,

Having obtained the opinion of the Commission,

Whereas a member’s seat on the Economic and Social Committee has fallen vacant following the resignation of Mr Eduardo Manuel NOGUEIRA CHAGAS,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Florival ROSA LANÇA is hereby appointed a member of the Economic and Social Committee for the remainder of the term of office, which runs until 20 September 2010.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


(1)  OJ L 269, 28.9.2006, p. 13. Decision as amended by Decision 2007/622/EC, Euratom (OJ L 253, 28.9.2007, p. 39).


11.7.2008   

EN

Official Journal of the European Union

L 183/34


COUNCIL DECISION

of 8 July 2008

amending Decision 98/481/EC approving the external auditors of the European Central Bank

(2008/571/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular Article 27(1) thereof,

Having regard to Recommendation ECB/2008/2 of the European Central Bank of 30 April 2008 to the Council of the European Union on the external auditors of the European Central Bank (1),

Whereas:

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

(2)

The mandates of Coopers and Lybrand (1998-2003) and KPMG Deutsche Treuhand-Gesellschaft AG Wirtschaftsprüfungsgesellschaft (2003-2007) have expired following the audit for the financial year 2007. It is therefore necessary to appoint an external auditor from the financial year 2008.

(3)

The ECB’s Governing Council has recommended that PricewaterhouseCoopers Aktiengesellschaft Wirtschaftsprüfungsgesellschaft should be appointed as the external auditors of the ECB for the financial years 2008 to 2012,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1 of Council Decision 98/481/EC (2) shall be replaced by the following:

‘Article 1

PricewaterhouseCoopers Aktiengesellschaft Wirtschaftsprüfungsgesellschaft is hereby approved as the external auditors of the ECB for the financial years 2008 to 2012.’

Article 2

This Decision shall be notified to the ECB.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


(1)  OJ C 114, 9.5.2008, p. 1.

(2)  OJ L 216, 4.8.1998, p. 7.


11.7.2008   

EN

Official Journal of the European Union

L 183/35


COUNCIL DECISION

of 8 July 2008

appointing a Portuguese member of the Committee of the Regions

(2008/572/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Portuguese Government,

Whereas:

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

A seat as a member of that Committee has fallen vacant as a result of the resignation of Mr António Paulino DA SILVA PAIVA,

HAS DECIDED AS FOLLOWS:

Article 1

The following person is hereby appointed a member of the Committee of the Regions for the remainder of the current term of office, ending on 25 January 2010:

Mr Carlos Alberto PINTO, Presidente da Câmara Municipal da Covilhã.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


(1)  OJ L 56, 25.2.2006, p. 75.


11.7.2008   

EN

Official Journal of the European Union

L 183/36


COUNCIL DECISION

of 8 July 2008

appointing a Latvian member and a Latvian alternate member of the Committee of the Regions

(2008/573/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Latvian Government,

Whereas:

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

A seat of a member has become vacant following the expiry of the mandate of Mr Edgars ZALĀNS. A seat of an alternate member becomes vacant following the appointment of Ms Indra RASSA as a member of the Committee of the Regions,

HAS DECIDED AS FOLLOWS:

Article 1

The following persons are hereby appointed to the Committee of the Regions for the remainder of the term of office, which runs until 25 January 2010:

(a)

as a member:

Ms Indra RASSA, Chairwoman of Saldus District Municipality and Chairwoman of Nīgrandes Local Municipality,

and

(b)

as an alternate member:

Mr Janis RAŠČEVSKIS, Chairman of Jēkabpils District Municipality and Chairman of Saukas Local Municipality.

Article 2

This Decision shall take effect on the day of its adoption.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


(1)  OJ L 56, 25.2.2006, p. 75.


11.7.2008   

EN

Official Journal of the European Union

L 183/37


COUNCIL DECISION

of 8 July 2008

appointing two Polish members and one Polish alternate member of the Committee of the Regions

(2008/574/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Polish Government,

Whereas:

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

One member’s seat on the Committee of the Regions has become vacant following the end of mandate of Mr Franciszek WOŁODŹKO. A member’s seat on the Committee of the Regions has become vacant following the change of mandate of Mr Ludwik Kajetan WĘGRZYN. One alternate member’s seat has become vacant following the end of mandate of Mr Marek TROMBSKI,

HAS DECIDED AS FOLLOWS:

Article 1

The following persons are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

(a)

as members:

Mr Jacek CZERNIAK, przewodniczący Sejmiku Województwa lubelskiego (Chairman of the Sejmik of the Lubelskie voivodship),

Mr Bogusław ŚMIGIELSKI, marszałek województwa śląskiego (Marshall of the Śląskie voivodship),

and

(b)

as alternate member:

Mr Dariusz WRÓBEL, burmistrz Opola Lubelskiego (Mayor of Opole Lubelskie).

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


(1)  OJ L 56, 25.2.2006, p. 75.


Commission

11.7.2008   

EN

Official Journal of the European Union

L 183/38


COMMISSION DECISION

of 27 June 2008

authorising the placing on the market of Baobab dried fruit pulp as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document number C(2008) 3046)

(Only the English text is authentic)

(2008/575/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

(1)

On 9 August 2006 the company PhytoTrade Africa made a request to the competent authorities of the United Kingdom to place Baobab dried fruit pulp on the market as a novel food ingredient.

(2)

On 12 July 2007 the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that Baobab dried fruit pulp is safe for human consumption at the proposed use levels.

(3)

The Commission forwarded the initial assessment report to all Member States on 1 August 2007.

(4)

Within the 60 day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision. These objections did not raise concerns about the safety. However, in accordance with the provisions of Article 6(4) a Community Decision is required.

(5)

Baobab dried fruit pulp complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Baobab dried fruit pulp as specified in the Annex, hereinafter called the product, may be placed on the market in the Community as a novel food ingredient.

Article 2

The designation of the novel food ingredient authorised by this Decision on the labelling of the foodstuff containing it shall be ‘Baobab fruit pulp’.

Article 3

This Decision is addressed to PhytoTrade Africa, London Office, Unit W215, Holywell Centre, 1 Phipp Street, London EC2A 4PS, United Kingdom.

Done at Brussels, 27 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 43, 14.2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).


ANNEX

Specifications of Baobab fruit pulp

Description

The Baobab (Adansonia digitata) fruits are harvested from trees. The hard shells are cracked open and the pulp is separated from the seeds and the shell. This is milled, separated into coarse and fine lots (particle size 3 to 600 μ) and then packaged.

Typical nutritional components of Baobab dried fruit pulp

Moisture (loss on drying) (g/100 g)

11,1-12,0

Protein (g/100 g)

2,03-3,24

Fat (g/100 g)

0,4-0,7

Ash (g/100 g)

5,5-6,6

Total carbohydrate (g/100 g)

78,3-78,9

Total sugars (as glucose)

16,9-25,3

Sodium (mg/100 g)

7,42-12,2


Analytical specifications

Foreign matter

Not more than 0,2 %

Moisture (loss on drying) (g/100 g)

11,1-12,0

Ash (g/100 g)

5,5-6,6


11.7.2008   

EN

Official Journal of the European Union

L 183/40


COMMISSION DECISION

of 4 July 2008

amending Annex III to Decision 2003/467/EC as regards the list of the officially enzootic-bovine-leukosis-free regions in Poland

(notified under document number C(2008) 3284)

(Text with EEA relevance)

(2008/576/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex D(I)(E) thereto,

Whereas:

(1)

Directive 64/432/EEC provides that a Member State or part of a Member State may be declared an officially enzootic-bovine-leukosis-free Member State or region subject to compliance with certain conditions set out in that Directive.

(2)

The list of officially enzootic-bovine-leukosis-free regions of Member States are set out in Annex III to Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (2).

(3)

That Decision, as amended by Decision 2008/404/EC, currently lists 12 administrative regions (powiaty) within the superior administrative unit (Voivodship) of Podkarpackie in Poland, as officially enzootic-bovine-leukosis-free regions.

(4)

Poland has now submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC, as regards a further 13 administrative regions (powiaty) within that superior administrative unit, in order that those regions may be considered officially enzootic-bovine-leukosis-free regions of Poland.

(5)

Following the evaluation of that documentation, those regions (powiaty) of Poland should be recognised as officially enzootic-bovine-leukosis-free regions of that Member State.

(6)

Annex III to Decision 2003/467/EC should therefore be amended accordingly.

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

In Chapter 2 of Annex III to Decision 2003/467/EC, in the entries for Poland, the entry concerning the Voivodship Podkarpackie is replaced by the following:

‘Voivodship Podkarpackie,

Powiaty:

bieszczadzki, brzozowski, dębicki, jarosławski, jasielski, kolbuszowski, krośnieński, Krosno, leski, leżajski, lubaczowski, łańcucki, mielecki, niżański, przemyski, Przemyśl, przeworski, ropczycko-sędziszowski, rzeszowski, Rzeszów, sanocki, stalowowolski, strzyżowski, Tarnobrzeg, tarnobrzeski.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 July 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

(2)  OJ L 156, 25.6.2003, p. 74. Decision as last amended by Decision 2008/404/EC (OJ L 141, 31.5.2008, p. 16).


ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

11.7.2008   

EN

Official Journal of the European Union

L 183/41


Only the original UNECE texts have legal effect under international public law. The status and date of entry into force of this Regulation should be checked in the latest version of the UN/ECE status document TRANS/WP.29/343, available at: http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29fdocstts.html

Regulation No 54 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers

Incorporating all valid text up to:

Supplement 16 to the original version of the Regulation — Date of entry into force: 13 November 2004

CONTENTS

REGULATION

1.

Scope

2.

Definitions

3.

Markings

4.

Application for approval

5.

Approval

6.

Specifications

7.

Modification and extension of approval of a tyre type

8.

Conformity of production

9.

Penalties for non-conformity of production

10.

Production definitely discontinued

11.

Names and addresses of technical services responsible for conducting approval tests, and of administrative departments

ANNEXES

Annex I

Communication concerning the approval or extension or refusal or withdrawal of approval or production definitely discontinued of a type of pneumatic tyre for motor vehicles pursuant to Regulation No 54

Annex II

Arrangement of approval mark

Annex III

Arrangement of tyre markings

Annex IV

List of symbols of load-capacity indices

Annex V

Tyre-size designation and dimensions: Part I — European tyres; Part II — United States tyres

Annex VI

Method of measuring pneumatic tyres

Annex VII

Procedure for load/speed endurance tests

Appendix 1 —

Endurance-test programme

Appendix 2 —

Relation between the pressure index and the units of pressure

Annex VIII

Variation of load capacity with speed commercial vehicle tyres, radial and diagonal

Annex IX

COMMUNICATION, Upgrade of Service Description for the purposes of retreading in accordance with Regulation No 109

1.   SCOPE

This Regulation covers new pneumatic tyres designed primarily, but not only, for vehicles in categories M2, M3, N and O3 and O4. (1) However, it does not apply to tyre types identified by speed category symbols corresponding to speeds below 80 km/h.

2.   DEFINITIONS

For the purposes of this Regulation:

2.1.

‘Type of pneumatic tyre’ means a category of pneumatic tyres which do not differ in such essential respects as:

2.1.1.

The manufacturer;

2.1.2.

Tyre-size designation;

2.1.3.

Category of use;

2.1.4.

Structure (diagonal (bias-ply); radial);

2.1.5.

Speed category;

2.1.6.

Load-capacity indices; and

2.1.7.

Cross-section;

2.2.

Category of use:

2.2.1.

‘Normal tyre’ means a tyre intended for normal, everyday, on-road use;

2.2.2.

‘Special use tyre’ means a tyre intended for mixed use both on- and off-road or for other special duty.

2.2.3.

‘Snow tyre’ means a tyre whose tread pattern, tread compound or structure are primarily designed to achieve in snow conditions a performance better than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion.

2.3.

‘Structure’ of a pneumatic tyre means the technical characteristics of the tyre's carcass. A distinction is made between the following structures in particular:

2.3.1.

‘Diagonal’ or ‘bias-ply’ describes a pneumatic-tyre structure in which the ply cords extend to the beads and are laid at alternate angles substantially less than 90 ° to the centreline of the tread;

2.3.2.

‘Radial’ describes a pneumatic-tyre structure in which the ply cords extend to the beads and are laid substantially at 90 ° to the centreline of the tread, the carcass being stabilized by an essentially inextensible circumferential belt.

2.4.

‘Bead’ means the part of a pneumatic tyre which is of such shape and structure as to fit the rim and to hold the tyre on it (2);

2.5.

‘Cord’ means the strands forming the fabric of the plies in the pneumatic tyre (2);

2.6.

‘Ply’ means a layer of rubber-coated parallel cords (2);

2.7.

‘Carcass’ means that part of a pneumatic tyre other than the tread and the rubber sidewalls which, when inflated, bears the load (2);

2.8.

‘Tread’ means that part of a pneumatic tyre which comes into contact with the ground, protects the carcass against mechanical damage and contributes to ground adhesion (2);

2.9.

‘Sidewall’ means the part of a pneumatic tyre between the tread and the area designed to be covered by the rim flange (2);

2.10.

‘Lower sidewall’ means the area included between the line of maximum section width of the tyre and the area designed to be covered by the rim flange (2);

2.10.1.

However, in case of tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, it means the area of the tyre which is seating on the rim.

2.11.

Tread groove’ means the space between two adjacent ribs and/or blocks in the tread pattern (2);

2.12.

‘Section width (S)’ means the linear distance between the outsides of the sidewalls of an inflated pneumatic tyre, excluding elevations due to labelling (marking), decoration or protective bands or ribs (2);

2.13.

‘Over-all width’ means the linear distance between the outsides of the sidewalls of an inflated pneumatic tyre, including labelling (marking), decoration and protective bands or ribs (2);

2.14.

‘Section height (H)’ means a distance equal to half the difference between the outer diameter of the tyre and the nominal rim diameter;

2.15.

‘Nominal aspect ratio (Ra)’ means one hundred times the number obtained by dividing the number expressing the section height (H) by the number expressing the nominal section width (S1), both dimensions expressed in the same units;

2.16.

‘Outer diameter (D)’ means the overall diameter of an inflated new pneumatic tyre (2);

2.17.

‘Tyre-size designation’ means:

2.17.1.

A designation showing:

2.17.1.1.

The nominal section width (S1). This width must be expressed in mm, except in the case of types of tyre for which the size designation is shown in the first column of the tables in Annex V to this Regulation;

2.17.1.2.

The nominal aspect ratio, except in the case of certain types of tyre for which the size designation is shown in the first column of the tables in Annex V to this Regulation or, depending on the tyre design type, the nominal outer diameter expressed in mm;

2.17.1.3.

A conventional number ‘d’ (the ‘d’ symbol) denoting the nominal diameter of the rim and corresponding to its diameter expressed either in codes (number below 100) or in millimetres (numbers above 100). Numbers corresponding to both types of measurement may be used together in the designation;

2.17.1.3.1.

The values of the ‘d’ symbols expressed in millimetres are shown below:

Nominal rim diameter code (‘d’ symbol)

Value of the ‘d’ symbol expressed in mm

8

203

9

229

10

254

11

279

12

305

13

330

14

356

15

381

16

406

17

432

18

457

19

482

20

508

21

533

22

559

24

610

25

635

14,5

368

16,5

419

17,5

445

19,5

495

20,5

521

22,5

572

24,5

622

26

660

28

711

30

762

2.17.1.4.

An indication of the tyre to rim fitment configuration when it differs from the standard configuration and is not already expressed by the symbol ‘d’ denoting the nominal rim diameter code.

2.18.

‘Nominal rim diameter (d)’ means the diameter of the rim on which a tyre is designed to be mounted (2);

2.19.

‘Rim’ means the support for a tyre-and-tube assembly, or for a tubeless tyre, on which support the tyre beads are seated (2);

2.20.

‘Theoretical rim’ means a rim whose width would be equal to x times the nominal section width of a tyre; the value of x shall be specified by the manufacturer of the type;

2.21.

‘Measuring rim’ means the rim on which a tyre must be fitted for dimensional measurements;

2.22.

‘Test rim’ means the rim on which a tyre must be fitted for load/speed endurance testing;

2.23.

‘Chunking’ means the breaking away of pieces of rubber from the tread;

2.24.

‘Cord separation’ means the parting of the cords from their coating;

2.25.

‘Ply separation’ means the parting of adjacent plies;

2.26.

‘Tread separation’ means the pulling away of the tread from the carcass;

2.27.

‘Load-capacity index’ means one or two numbers which indicate the load the tyre can carry in single or in single and dual operation at the speed corresponding to the associated speed category and when operated in conformity with the requirements governing utilization specified by the manufacturer. A type of pneumatic tyre can have either one or two sets of load capacity indices depending on whether or not the provisions of paragraph 6.2.5 are applied. The list of these indices and their corresponding loads is given in Annex IV;

2.28.

‘Speed category’ means:

2.28.1.

The speeds, indicated by a symbol, at which the tyre can carry the load indicated by the associated load-capacity index;

2.28.2.

The speed categories are as shown in the table below (3):

Speed-category symbol

Corresponding speed (km/h)

F

80

G

90

J

100

K

110

L

120

M

130

N

140

P

150

Q

160

R

170

S

180

T

190

U

200

H

210

2.29.

‘Table load-capacity variation with speed’ means:

The table, in Annex VIII, showing as a function of the load-capacity indices and nominal-speed-category symbols the load variations which a pneumatic tyre can withstand when used at speeds different from that conforming to its nominal-speed-category symbol. The load variations do not apply in the case of the additional load capacity symbol and speed category obtained when the provisions of paragraph 6.2.5 are applied.

3.   MARKINGS

3.1.   Pneumatic tyres submitted for approval shall display on both sidewalls in the case of symmetrical tyres and at least on the outer sidewall in the case of asymmetrical tyres:

3.1.1.

The manufacturer's name or trade mark;

3.1.2.

The tyre-size designation as defined in paragraph 2.17 of this Regulation;

3.1.3.

An indication of the structure as follows:

3.1.3.1.

On diagonal (bias-ply) tyres: no indication, or the letter ‘D’;

3.1.3.2.

On radial-ply tyres: the letter ‘R’ placed in front of the rim-diameter marking and, optionally, the word ‘RADIAL’;

3.1.4.

The speed-category symbol (or symbols);

3.1.4.1.

An indication of the tyre's nominal speed category in the form of the symbol prescribed in paragraph 2.28.2 above;

3.1.4.2.

An indication of a second speed category in cases where paragraph 6.2.5 below is applied;

3.1.5.

The inscription M+S or M.S or M&S in the case of a snow tyre;

3.1.6.

The load-capacity indices as defined in paragraph 2.27 of this Regulation;

3.1.7.

The word ‘TUBELESS’ if the tyre is designed for use without an inner tube;

3.1.8.

The date of manufacture in the form of a group of four digits, the first two showing the week and the last two the year of manufacture. However, this marking, which it is permissible to restrict to one sidewall, shall not be mandatory, on any tyre submitted for approval, until two years after the date of entry into force of this Regulation (4);

3.1.9.

In the case of tyres which can be regrooved, the symbol ‘

Image

’ at least 20 mm in diameter, or the word ‘REGROOVABLE’, moulded into or on to each sidewall;

3.1.10.

An indication, by the ‘PSI’ index, of the inflation pressure to be adopted for the load/speed endurance tests, as explained in Annex VII, Appendix 2. However, this indication, which it is permissible to restrict to one sidewall, shall not be mandatory, on any tyre submitted for approval, until two years after the date of entry into force of this Regulation.

3.1.11.

In the case of tyres first approved after 1 March 2004 the identification referred to in paragraph 2.17.1.4 shall be placed only immediately after the rim diameter marking referred to in paragraph 2.17.1.3.

3.1.12.

The inscription ‘ET’ or ‘ML’ or ‘MPT’ for ‘Special use tyres’ (5).

3.1.13.

The suffix ‘C’ or ‘LT’ after the rim diameter marking referred to in paragraph 2.17.1.3, and, if applicable, after the tyre to rim fitment configuration referred to in paragraph 2.17.1.4:

3.1.13.1.

this marking is optional in the case of tyres fitted on 5 ° drop centre rims, suitable for single and dual fitment, having a load capacity index in single lower or equal to 121 and destined for the equipment of motor vehicles.

3.1.13.2.

this marking is mandatory in the case of tyres fitted on 5 ° drop centre rims, suitable for single fitment only, having a load capacity index higher or equal to 122 and destined for the equipment of motor vehicles.

3.1.14.

The suffix ‘CP’ after the rim diameter marking referred to in paragraph 2.17.1.3, and, if applicable, after the tyre to rim fitment configuration referred to in paragraph 2.17.1.4. This marking is mandatory in the case of tyres fitted on 5 ° drop centre rims, having a load capacity index in single lower or equal to 121 and specifically designed for the equipment of motor caravans.

3.1.15.

The inscription ‘FRT’ (Free Rolling Tyre) in case of tyres designed for the equipment of trailer axles and axles of motor vehicles other than front steering and drive axles.

3.2.   Tyres shall exhibit a free space sufficiently large to accommodate an approval mark as shown in Annex II to this Regulation.

3.3.   Annex III to this Regulation gives an example of an arrangement of the tyre markings.

3.4.   The markings referred to in paragraph 3.1 and the approval mark prescribed in paragraph 5.4 of this Regulation shall be moulded on to or into the tyres. They shall be clearly legible and shall, except for the marking referred to in paragraph 3.1.1 above, be located on at least one lower sidewall.

3.4.1.   However, for tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, the markings may be placed anywhere on the sidewall of the tyre.

4.   APPLICATION FOR APPROVAL

4.1.   The application for approval of a type of pneumatic tyre shall be submitted by the holder of the manufacturer's name or trade mark or by his duly accredited representative. It shall specify:

4.1.1.

The tyre-size designation as defined in paragraph 2.17 of this Regulation;

4.1.2.

The manufacturer's name or trade mark;

4.1.3.

The category of use (normal or special or snow);

4.1.4.

Structure: diagonal (bias ply) or radial;

4.1.5.

The speed category;

4.1.6.

The load-capacity indices;

4.1.7.

Whether the tyre is intended to be used with or without an inner tube;

4.1.8.

The overall dimensions: overall section width and outer diameter;

4.1.9.

The factor ‘x’ referred to in paragraph 2.20 above;

4.1.10.

The rims on which the tyre can be mounted;

4.1.11.

The measuring rim and test rim;

4.1.12.

The measuring pressure and test pressure index;

4.1.13.

The additional load/speed combinations in cases where paragraph 6.2.5 below is applied.

4.2.   The application for approval shall be accompanied (all in triplicate) by a sketch, or a representative photograph, which identify the tyre tread pattern and a sketch of the envelope of the inflated tyre mounted on the measuring rim showing the relevant dimensions (see paragraphs 6.1.1 and 6.1.2) of the type submitted for approval. It shall also be accompanied either by the test report issued by the approved test laboratory or by one or two samples of the tyre type, at the discretion of the competent authority. Drawings or photographs of the side wall and tread of the tyre shall be submitted once production has been established, no later than one year after the date of issue of the type approval.

4.3.   The competent authority shall verify the existence of satisfactory arrangements for ensuring effective control of the conformity of production before type approval is granted.

4.4.   Where a tyre manufacturer submits application for type approval for a range of tyres, it is not considered necessary to carry out a load/speed test on every type of tyre in the range. Worst case selection may be made at the discretion of the approval authority.

5.   APPROVAL

5.1.   If the type of pneumatic tyre submitted for approval in pursuance of this Regulation meets the requirements of paragraph 6 below, approval of that type of tyre shall be granted.

5.2.   An approval number shall be assigned to each type approved; its first two digits (at present 00 for the Regulation in its original form) shall indicate the series of amendments incorporating the most recent major technical amendments made to the Regulation at the time of issue of the approval. The same Contracting Party may not assign the same number to another type of pneumatic tyre.

5.3.   Notice of approval or of refusal of approval of a type of pneumatic tyre pursuant to this Regulation shall be communicated to the Parties to the Agreement which apply this Regulation by means of a form conforming to the model in Annex I to this Regulation.

5.4.   There shall be affixed, conspicuously, to every pneumatic tyre conforming to a type of tyre approved under this Regulation, in the space referred to in paragraph 3.2 above and in addition to the markings prescribed in paragraph 3.1 above, an international approval mark consisting of:

5.4.1.

a circle surrounding the letter ‘E’ followed by the distinguishing number of the country which has granted approval (6); and

5.4.2.

an approval number.

5.5.   The approval mark shall be clearly legible and be indelible.

5.6.   Annex II to this Regulation gives an example of the arrangement of the approval mark.

5.7.   Subsequent retreading in accordance with Regulation No 109.

In the case where, during the course of production of a particular tyre type, the manufacturer has obtained a new approval for that same tyre type to be marked with a service description indicating a higher load index or different speed symbol than the earlier marking and where the tyre manufacturer authorizes the earlier tyre type to be retreaded and marked with the later service description, the tyre manufacturer shall complete the Communication document given in annex IX to this Regulation and shall submit this to the type approval authority that has granted the new approval. If the authorization for upgrading only applies to tyres from a particular manufacturing plant, or produced during particular production periods, the information necessary to identify the tyres shall be stated on the Communication document.

The type approval authority shall communicate this information to other Parties to the Agreement which apply this Regulation and tyre manufacturers or type approval authorities shall release this information on the request of any retreading production unit that is approved in accordance with ‘Regulation No 109.’

6.   SPECIFICATIONS

6.1.   Dimensions of tyres

6.1.1.   Section width of a tyre

6.1.1.1.   The section width shall be obtained by means of the following formula:

S = S1 + K (A – A1),

where:

S

=

is the ‘section width’ expressed in millimetres and measured on the measuring rim;

S1

=

is ‘the nominal section width’ in millimetres, as shown on the sidewall of the tyre in the tyre designation as prescribed;

A

=

is the width of the measuring rim in millimetres, as shown by the manufacturer in the descriptive note; and

A1

=

is the width of the theoretical rim in millimetres.

A1 shall be taken to equal S1 multiplied by the factor x as specified by the manufacturer, and K shall be taken to equal 0.4.

6.1.1.2.   However, for the existing types of tyres whose designation is given in the first column of the tables in Annex V to this Regulation, the section width shall be deemed to be that given opposite the tyre designation in those tables.

6.1.1.3.   However, for tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, K shall be taken to equal 0.6.

6.1.2.   Outer diameter of a tyre

6.1.2.1.   The outer diameter of a tyre shall be obtained by means of the following formula:

D = d + 2H

where:

D

is the outer diameter expressed in millimetres;

d

is the conventional number defined in paragraph 2.17.1.3 above, expressed in millimetres;

S1

is the nominal section width in millimetres;

Ra

is the nominal aspect ratio;

H

is the nominal section height in millimetres and is equal to S1 × 0,01 Ra.

All as in the tyre designation shown on the sidewall of the tyre in conformity with the requirements of paragraph 3.4 above.

6.1.2.2.   However, for the existing types of tyres whose designation is given in the first column of the tables in Annex V to this Regulation, the outer diameter shall be deemed to be that given opposite the tyre designation in those tables.

6.1.2.3.   However, for tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, the outer diameter shall be that specified in the tyre size designation as shown on the sidewall of the tyre.

6.1.3.   Method of measuring pneumatic tyres

The dimensions of pneumatic tyres shall be measured by the procedure described in annex VI to this Regulation.

6.1.4.   Tyre section width specifications

6.1.4.1.   The overall width of a tyre may be less than the section width or widths determined pursuant to paragraph 6.1.1 above.

6.1.4.2.   It may exceed that value by 4 per cent in case of radial-ply tyres and by 8 per cent in the case of diagonal (bias-ply) tyres. However, for tyres with nominal section width exceeding 305 mm intended for dual mounting (twinning), the value determined pursuant to paragraph 6.1.1 above shall not be exceeded by more than 2 per cent for radial-ply tyres with nominal aspect ratio higher than 60, or 4 per cent for diagonal (bias-ply) tyres.

6.1.4.3.   However, for tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, the overall width of the tyre, in the lower area of the tyre, equals the nominal width of the rim on which the tyre is mounted, as shown by the manufacturer in the descriptive note, increased by 27 mm.

6.1.5.   Tyre outer diameter specifications

The outer diameter of a tyre must not be outside the values Dmin and Dmax obtained from the following formulae:

 

Dmin = d + (2H × a)

 

Dmax = d + (2H × b)

where:

6.1.5.1.

For sizes listed in Annex V and for tyres identified by the ‘tyre to rim fitment configuration’ (see paragraph 3.1.11) symbol ‘A’, the nominal section height H is equal to:

H = 0.5 (D-d) — for references see paragraph 6.1.2.1.

6.1.5.2.

For other sizes, not listed in Annex V

‘H’ and ‘d’ are as defined in paragraph 6.1.2.1.

6.1.5.3.

Coefficients ‘a’ and ‘b’ are respectively:

6.1.5.3.1.

Coefficient ‘a’ =.97

6.1.5.3.2.

Coefficient ‘b’

 

Radial

Diagonal

for normal use tyres

1,04

1,07

for special use tyres

1,06

1,09

6.1.5.3.3.

For snow tyres the outer diameter (Dmax) established in conformity with the above may be exceeded by 1 per cent.

6.2.   Load/speed endurance test

6.2.1.   Each type of pneumatic tyre shall undergo at least one load/speed endurance tests carried out by the procedure described in Annex VII to this Regulation.

6.2.2.   A tyre which, after undergoing the endurance test, does not exhibit any tread separation, ply separation, cord separation, chunking or broken cords shall be deemed to have passed the test.

6.2.3.   The outer diameter of the tyre, measured six hours after the load/speed endurance test, must not differ by more than ± 3,5 per cent from the outer diameter as measured before the test.

6.2.4.   Where application is made for the approval of a type of pneumatic tyre for the load/speed combinations given in the table in Annex VIII, the endurance test prescribed in paragraph 6.2.1 above need not be carried out for load and speed values other than the nominal values.

6.2.5.   Where application is made for the approval of a type of pneumatic tyre which has a load/speed combination in addition to the one that is subject to the variation of load with speed given in the table in Annex VIII, the endurance test prescribed in paragraph 6.2.1 above shall also be carried out on a second tyre of the same type at the additional load/speed combination.

7.   MODIFICATION AND EXTENSION OF APPROVAL OF A TYRE TYPE

7.1.   Every modification of a tyre type shall be notified to the administrative department which approved the tyre type. That department may then either:

7.1.1.

Consider that the modifications made are unlikely to have an appreciable adverse effect and that in any case the tyre still meets the requirements; or

7.1.2.

Require a further test report from the technical service responsible for carrying out the tests.

7.2.   A modification of the tread pattern of the tyre shall not be considered to necessitate a repetition of the tests prescribed in paragraph 6 of this Regulation.

7.3.   Confirmation or refusal of approval, specifying the alterations, shall be communicated by the procedure specified in paragraph 5.3 above to the Parties to the Agreement which apply this Regulation.

7.4.   The competent authority issuing the extension of approval shall assign a series number for such an extension and inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of a communication form conforming to the model in Annex I to this Regulation.

8.   CONFORMITY OF PRODUCTION

The conformity of production procedures shall comply with those set out in the Agreement, Appendix 2 (E/ECE/324-E/ECE/TRANS/505/Rev. 2), with the following requirements:

8.1.

Tyres approved under this Regulation shall be so manufactured as to conform to the type approved, by meeting the requirements set forth in paragraph 6 above.

8.2.

The authority which has granted type approval may at any time verify the conformity control methods applied in each production facility. For each production facility, the normal frequency of these verifications shall be once every two years.

9.   PENALTIES FOR NON-CONFORMITY OF PRODUCTION

9.1.   The approval granted in respect of a type of pneumatic tyre pursuant to this Regulation may be withdrawn if the requirement laid down in paragraph 8.1 above is not complied with or if the tyres taken from the series have failed to pass the tests prescribed in that paragraph.

9.2.   If a Party to the Agreement which applies this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation, by means of a communication form conforming to the model in Annex I to this Regulation.

10.   PRODUCTION DEFINITELY DISCONTINUED

If the holder of an approval completely ceases to manufacture a type of pneumatic tyre approved in accordance with this Regulation, he shall so inform the authority which granted the approval. Upon receiving the relevant communication that authority shall inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of copies of the communication form conforming to the model in Annex I to this Regulation.

11.   NAMES AND ADDRESSES OF TECHNICAL SERVICES RESPONSIBLE FOR CONDUCTING APPROVAL TESTS, AND OF ADMINISTRATIVE DEPARTMENTS

11.1.   The Parties to the Agreement which apply this Regulation shall communicate to the United Nations Secretariat the names and addresses of the technical services responsible for conducting approval tests and, where applicable, of the approved test laboratories and of the administrative departments which grant approval and to which forms certifying approval or refusal or withdrawal of approval, issued in other countries, are to be sent.

11.2.   The Parties to the Agreement which apply this Regulation may use laboratories of tyre manufacturers and may designate, as approved test laboratories, those among them which are situated on their territory or on the territory of another Party to the Agreement subject to a preliminary agreement to this procedure by the competent administrative department of the latter.

11.3.   Where a Party to the Agreement applies paragraph 11.2 above, it may, if it so desires, be represented at the tests by one or more persons of its choice.

Explanatory figure

(See paragraph 2 of the Regulation)

Image


(1)  As defined in the Consolidated Resolution on the Construction of Vehicles (R.E.3) (document TRANS/WP.29/78/Rev.1).

(2)  See explanatory figure.

(3)  For consistency, the symbols and speeds shown in this table are the same as those for passenger cars (as in Regulation No 30). They should not be taken to indicate the speeds at which commercial vehicles fitted with such tyres may be operated on the roads.

(4)  Before 1 January 2000, the date of manufacture may be indicated by a group of three digits, the first two showing the week and the last one the year of manufacture.

(5)  This marking shall only be mandatory for tyre types approved to this Regulation after the entry into force of Supplement 14 to the Regulation.

(6)  1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 5 for Sweden, 6 for Belgium, 7 for Hungary, 8 for the Czech Republic, 9 for Spain, 10 for Serbia and Montenegro, 11 for the United Kingdom, 12 for Austria, 13 for Luxembourg, 14 for Switzerland, 15 (vacant), 16 for Norway, 17 for Finland, 18 for Denmark, 19 for Romania, 20 for Poland, 21 for Portugal, 22 for the Russian Federation, 23 for Greece, 24 for Ireland, 25 for Croatia, 26 for Slovenia, 27 for Slovakia, 28 for Belarus, 29 for Estonia, 30 (vacant), 31 for Bosnia and Herzegovina, 32 for Latvia, 33 (vacant), 34 for Bulgaria, 35 (vacant), 36 for Lithuania, 37 for Turkey, 38 (vacant), 39 for Azerbaijan, 40 for The former Yugoslav Republic of Macedonia, 41 (vacant), 42 for the European Community (Approvals are granted by its Member States using their respective ECE symbol), 43 for Japan, 44 (vacant), 45 for Australia, 46 for Ukraine, 47 for South Africa and 48 for New Zealand. Subsequent numbers shall be assigned to other countries in the chronological order in which they ratify or accede to the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, and the numbers thus assigned shall be communicated by the Secretary-General of the United Nations to the Contracting Parties to the Agreement.


ANNEX I

COMMUNICATION

(Maximum format: A4 (210 × 297 mm))

Image


ANNEX II

ARRANGEMENT OF APPROVAL MARK

Image

The above approval mark affixed to a pneumatic tyre shows that the type of tyre concerned has been approved in the Netherlands (E 4) under approval number 002439. The first two digits of the approval number indicate that the approval was granted in accordance with the requirements of Regulation No 54 in its original form.

Note:

The approval number must be placed close to the circle and either above or below the ‘E’ or to left or right of that letter. The digits of the approval number must be on the same side of the ‘E’ and face in the same direction. The use of Roman numerals as approval numbers should be avoided so as to prevent any confusion with other symbols.


ANNEX III

Arrangement of tyre markings

Image

 

Minimum heights of markings

(mm)

Tyres of nominal rim diameter < 508 mm (Code 20) or of nominal section width ≤ 235 mm (Code 9)

Tyres of nominal rim diameter ≥ 508 mm (Code 20) or of nominal section width > 235 mm (Code 9)

B

6

9

C

4

D

6

1.   These markings, given as an example, define a pneumatic tyre:

 

Having a nominal section width of 255;

 

Having a nominal aspect ratio of 70;

 

Of radial-ply structure (R);

 

Having a nominal rim diameter of 572 mm, for which the symbol is 22.5;

 

Having load capacities of 3 150 kg when single and 2 900 kg when twinned (dual), corresponding respectively to the load indices 148 and 145 shown in Annex IV to this Regulation;

 

Having a reference speed of 100 km/h corresponding to speed category symbol: J

 

Classified in the category of use Snow: M + S

 

Able to be used additionally at 120 km/h (speed category symbol L) with a load capacity of 3 000 kg when single and 2 725 kg when twinned (dual), corresponding respectively to the load indices 145 and 143 shown in Annex IV to this Regulation

 

Capable of being fitted without inner tube: ‘TUBELESS’

 

Manufactured during the twenty-fifth week of the year 2003, and

 

Requiring to be inflated to 620 kPa for load/speed endurance tests, for which the PSI symbol is 90.

2.   In the particular case of tyres having a tyre to rim fitment configuration ‘A’, the marking shall be in the form of the following example:

235-700 R 450A where:

 

235 is the nominal section width in mm

 

700 is the outer diameter expressed in mm

 

R is an indication of the structure of the tyre — see paragraph 3.1.3. of this Regulation

 

450 is the nominal diameter of the rim expressed in mm

 

A is the tyre to rim fitment configuration.

The marking of the load index, speed category symbol, date of manufacture and other markings, shall be as given in example 1 above.

3.   The positioning and order of the markings constituting the tyre designation shall be the following:

(a)

The tyre-size designation as defined in paragraph 2.17. of this Regulation shall be grouped as shown in above examples: 255/70 R 22.5 or 235-700 R 450A;

(b)

The service description comprising the load index/indices and the speed symbol shall be placed immediately after the tyre size designation as defined in paragraph 2.17 of this Regulation;

(c)

The symbols ‘TUBELESS’ and ‘M+S’ or ‘FRT’ or ‘MPT’ (and equivalents) may be at a distance from the tyre size designation;

(d)

If paragraph 6.2.5. of this Regulation is applied, the additional load-capacity indices and speed-category symbol must be shown inside a circle near the nominal load-capacity indices and speed-category-symbol appearing on the tyre sidewall.


ANNEX IV

List of symbols of load-capacity indices

Load-capacity index

Corresponding maximum mass to be carried (kg)

60

250

61

257

62

265

63

272

64

280

65

290

66

300

67

307

68

315

69

325

70

335

71

345

72

355

73

365

74

375

75

387

76

400

77

412

78

425

79

437

80

450

81

462

82

475

83

487

84

500

85

515

86

530

87

545

88

560

89

580

90

600

91

615

92

630

93

650

94

670

95

690

96

710

97

730

98

750

99

775

100

800

101

825

102

850

103

875

104

900

105

925

106

950

107

975

108

1 000

109

1 030

110

1 060

111

1 090

112

1 120

113

1 150

114

1 180

115

1 215

116

1 250

117

1 285

118

1 320

119

1 360

120

1 400

121

1 450

122

1 500

123

1 550

124

1 600

125

1 650

126

1 700

127

1 750

128

1 800

129

1 850

130

1 900

131

1 950

132

2 000

133

2 060

134

2 120

135

2 180

136

2 240

137

2 300

138

2 360

139

2 430

140

2 500

141

2 575

142

2 650

143

2 725

144

2 800

145

2 900

146

3 000

147

3 075

148

3 150

149

3 250

150

3 350

151

3 450

152

3 550

153

3 650

154

3 750

155

3 875

156

4 000

157

4 125

158

4 250

159

4 375

160

4 500

161

4 625

162

4 750

163

4 875

164

5 000

165

5 150

166

5 300

167

5 450

168

5 600

169

5 800

170

6 000

171

6 150

172

6 300

173

6 500

174

6 700

175

6 900

176

7 100

177

7 300

178

7 500

179

7 750

180

8 000

181

8 250

182

8 500

183

8 750

184

9 000

185

9 250

186

9 500

187

9 750

188

10 000

189

10 300

190

10 600

191

10 900

192

11 200

193

11 500

194

11 800

195

12 150

196

12 500

197

12 850

198

13 200

199

13 600

200

14 000


ANNEX V

Tyre-size designation and dimensions

PART I

EUROPEAN TYRES

Table A

Code designated sizes mounted on 5° tapered rims or flat base rims. Radial and diagonal constructions

Tyre Size Designation (1)

Measuring Rim Width Code

Nominal Rim Diameter d (mm)

Outer Diameter D (mm)

Section Width S (mm)

Radial

Diagonal

Radial

Diagonal

Std. series

4.00R8 (2)

2.50

203

414

414

107

107

4.00R10 (2)

3.00

254

466

466

108

108

4.00R12 (2)

3.00

305

517

517

108

108

4.50R8 (2)

3.50

203

439

439

125

125

4.50R10 (2)

3.50

254

490

490

125

125

4.50R12 (2)

3.50

305

545

545

125

128

5.00R8 (2)

3.00

203

467

467

132

132

5.00R10 (2)

3.50

254

516

516

134

134

5.00R12 (2)

3.50

305

568

568

134

137

6.00R9

4.00

229

540

540

160

160

6.00R14C

4.50

356

626

625

158

158

6.00R16 (2)

4.50

406

728

730

170

170

6.50R10

5.00

254

588

588

177

177

6.50R14C

5.00

356

640

650

170

172

6.50R16 (2)

4.50

406

742

748

176

176

6.50R20 (2)

5.00

508

860

181

7.00R12

5.00

305

672

672

192

192

7.00R14C

5.00

356

650

668

180

182

7.00R15 (2)

5.00

381

746

752

197

198

7.00R16C

5.50

406

778

778

198

198

7.00R16

5.50

406

784

774

198

198

7.00R20

5.50

508

892

898

198

198

7.50R10

5.50

254

645

645

207

207

7.50R14C

5.50

356

686

692

195

192

7.50R15 (2)

6.00

381

772

772

212

212

7.50R16 (2)

6.00

406

802

806

210

210

7.50R17 (2)

6.00

432

852

852

210

210

7.50R20

6.00

508

928

928

210

213

8.25R15

6.50

381

836

836

230

234

8.25R16

6.50

406

860

860

230

234

8.25R17

6.50

432

886

895

230

234

8.25R20

6.50

508

962

970

230

234

9.00R15

6.00

381

840

840

249

249

9.00R16 (2)

6.50

406

912

900

246

252

9.00R20

7.00

508

1 018

1 012

258

256

10.00R15

7.50

381

918

918

275

275

10.00R20

7.50

508

1 052

1 050

275

275

10.00R22

7.50

559

1 102

1 102

275

275

11.00R16

6.50

406

980

952

279

272

11.00R20

8.00

508

1 082

1 080

286

291

11.00R22

8.00

559

1 132

1 130

286

291

11.00R24

8.00

610

1 182

1 180

286

291

12.00R20

8.50

508

1 122

1 120

313

312

12.00R22

8.50

559

1 174

1 174

313

312

12.00R24

8.50

610

1 226

1 220

313

312

13.00R20

9.00

508

1 176

1 170

336

342

14.00R20

10.00

508

1 238

1 238

370

375

14.00R24

10.00

610

1 340

1 340

370

375

16.00R20

13.00

508

1 370

1 370

446

446

80 Series

12/80 R 20

8.50

508

1 008

305

13/80 R 20

9.00

508

1 048

326

14/80 R 20

10.00

508

1 090

350

14/80 R 24

10.00

610

1 192

350

14.75/80 R 20

10.00

508

1 124

370

15.5/80 R 20

10.00

508

1 158

384

Wide Base Tyres for Multipurpose Trucks

7.50 R 18 MPT

5.50

457

885

 

208

10.5 R 18 MPT

9

457

905

276

270

10.5 R 20 MPT

9

508

955

276

270

12.5 R 18 MPT

11

457

990

330

325

12.5 R 20 MPT

11

508

1 040

330

325

14.5 R 20 MPT

11

508

1 095

362

355

14.5 R 24 MPT

11

610

1 195

362

355


Table B

Code designated sizes mounted on 15° tapered rims — radial

Tyre size designation

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter

D (mm)

Section Width

S (mm)

7 R 17.5 (3)

5.25

445

752

185

7 R 19.5

5.25

495

800

185

8 R 17.5 (3)

6.00

445

784

208

8 R 19.5

6.00

495

856

208

8 R 22.5

6.00

572

936

208

8.5 R 17.5

6.00

445

802

215

9 R 17.5

6.75

445

820

230

9 R 19.5

6.75

495

894

230

9 R 22.5

6.75

572

970

230

9.5 R 17.5

6.75

445

842

240

9.5 R 19.5

6.75

495

916

240

10 R 17.5

7.50

445

858

254

10 R 19.5

7.50

495

936

254

10 R 22.5

7.50

572

1 020

254

11 R 22.5

8.25

572

1 050

279

11 R 24.5

8.25

622

1 100

279

12 R 22.5

9.00

572

1 084

300

13 R 22.5

9.75

572

1 124

320

15 R 19.5

11.75

495

998

387

15 R 22.5

11.75

572

1 074

387

16.5 R 19.5

13.00

495

1 046

425

16.5 R 22.5

13.00

572

1 122

425

18 R 19.5

14.00

495

1 082

457

18 R 22.5

14.00

572

1 158

457

70 Series

10/70 R 22.5

7.50

572

928

254

11/70 R 22.5

8.25

572

962

279

12/70 R 22.5

9.00

572

1 000

305

13/70 R 22.5

9.75

572

1 033

330


Table C

Tyres for light commercial vehicles — radial and diagonal constructions

Tyre size designation (4)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm)

Section Width S (mm)

Radial

Diagonal

Radial

Diagonal

Metric Designated

145 R 10 C

4.00

254

492

147

145 R 12 C

4.00

305

542

147

145 R 13 C

4.00

330

566

147

145 R 14 C

4.00

356

590

147

145 R 15 C

4.00

381

616

147

155 R 12 C

4.50

305

550

157

155 R 13 C

4.50

330

578

157

155 R 14 C

4.50

356

604

157

165 R 13 C

4.50

330

596

167

165 R 14 C

4.50

356

622

167

165 R 15 C

4.50

381

646

167

175 R 13 C

5.00

330

608

178

175 R 14 C

5.00

356

634

178

175 R 16 C

5.00

406

684

178

185 R 13 C

5.50

330

624

188

185 R 14 C

5.50

356

650

188

185 R 15 C

5.50

381

674

188

185 R 16 C

5.50

406

700

188

195 R 14 C

5.50

356

666

198

195 R 15 C

5.50

381

690

198

195 R 16 C

5.50

406

716

198

205 R 14 C

6.00

356

686

208

205 R 15 C

6.00

381

710

208

205 R 16 C

6.00

406

736

208

215 R 14 C

6.00

356

700

218

215 R 15 C

6.00

381

724

218

215 R 16 C

6.00

406

750

218

245 R 16 C

7.00

406

798

798

248

248

17 R 15 C

5.00

381

678

178

17 R 380 C

5.00

381

678

178

17 R 400 C

150 mm

400

698

186

19 R 400 C

150 mm

400

728

200

Code Designated

5.60 R 12 C

4.00

305

570

572

150

148

6.40 R 13 C

5.00

330

648

640

172

172

6.70 R 13 C

5.00

330

660

662

180

180

6.70 R 14 C

5.00

356

688

688

180

180

6.70 R 15 C

5.00

381

712

714

180

180


Table D

Tyres for special applications — radial and diagonal construction

Tyre size designation (5)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter

D (mm)

Section Width

S (mm)

Code Designated

15×4 1/2-8

3.25

203

385

122

16×6-8

4.33

203

425

152

18×7

4.33

203

462

173

18×7-8

4.33

203

462

173

21×8-9

6.00

229

535

200

21×4

2.32

330

565

113

22×4 1/2

3.11

330

595

132

23×5

3.75

330

635

155

23×9-10

6.50

254

595

225

25×6

3.75

330

680

170

27×10-12

8.00

305

690

255

28×9-15

7.00

381

707

216

Metric designated

200-15

6.50

381

730

205

250-15

7.50

381

735

250

300-15

8.00

381

840

300

PART II

UNITED STATES TYRES

Tolerances shown at the bottom of the tables apply in place of those shown in paras. 6.1.4.2. and 6.1.5.3.

Outer diameters are listed for the various categories of use: Normal, Snow, Special.

Table A

Tyres for light commercial vehicles (LT tyres)

Diagonal and radial

Tyre size designation (6)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm) (7)

Section width

S (mm) (8)

Normal

Snow

6.00-16LT

4.50

406

732

743

173

6.50-16LT

4.50

406

755

767

182

6.70-16LT

5.00

406

722

733

191

7.00-13LT

5.00

330

647

658

187

7.00-14LT

5.00

356

670

681

187

7.00-15LT

5.50

381

752

763

202

7.00-16LT

5.50

406

778

788

202

7.10-15LT

5.00

381

738

749

199

7.50-15LT

6.00

381

782

794

220

7.50-16LT

6.00

406

808

819

220

8.25-16LT

6.50

406

859

869

241

9.00-16LT

6.50

406

890

903

257

G78-15LT

6.00

381

711

722

212

H78-15LT

6.00

381

727

739

222

L78-15LT

6.50

381

749

760

236

L78-16LT

6.50

406

775

786

236

7-14.5LT (9)

6.00

368

677

 

185

8-14.5LT (9)

6.00

368

707

 

203

9-14.5LT (9)

7.00

368

711

 

241

7-17.5LT

5.25

445

758

769

189

8-17.5LT

5.25

445

788

799

199


Table B

Tyres for light commercial vehicles (high flotation tyres)

Diagonal and radial

Tyre size designation (10)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm) (11)

Section width

S (mm) (12)

Normal

Snow

9-15LT

8.00

381

744

755

254

10-15LT

8.00

381

773

783

264

11-15LT

8.00

381

777

788

279

24×7.50-13LT

6

330

597

604

191

27×8.50-14LT

7

356

674

680

218

28×8.50-15LT

7

381

699

705

218

29×9.50-15LT

7.5

381

724

731

240

30×9.50-15LT

7.5

381

750

756

240

31×10.50-15LT

8.5

381

775

781

268

31×11.50-15LT

9

381

775

781

290

31×13.50-15LT

11

381

775

781

345

31×15.50-15LT

12

381

775

781

390

32×11.50-15LT

9

381

801

807

290

33×12.50-15LT

10

381

826

832

318

35×12.50-15LT

10

381

877

883

318

37×12.50-15LT

10

381

928

934

318

37×14.50-15LT

12

381

928

934

372

8.00-16.5LT

6.00

419

720

730

203

8.75-16.5LT

6.75

419

748

759

222

9.50-16.5LT

6.75

419

776

787

241

10-16.5LT

8.25

419

762

773

264

12-16.5LT

9.75

419

818

831

307

30×9.50-16.5LT

7.50

419

750

761

240

31×10.50-16.5LT

8.25

419

775

787

266

33×12.50-16.5LT

9.75

419

826

838

315

37×12.50-16.5LT

9.75

419

928

939

315

37×14.50-16.5LT

11.25

419

928

939

365

33×9.50 R15LT

7.50

381

826

832

240

35×12.50 R16.5LT

10.00

419

877

883

318

37×12.50 R17LT

10.00

432

928

934

318


Table C

Code designated tyres mounted on 5° tapered or flat base rims

Diagonal and radial

Tyre size designation (13)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm) (14)

Section width

S (mm) (15)

Normal

Snow

(a)

(b)

6.50-20

5

508

878

 

893

184

7.00-15TR

5.5

381

777

 

792

199

7.00-18

5.5

457

853

 

868

199

7.00-20

5.5

508

904

 

919

199

7.50-15TR

6

381

808

 

825

215

7.50-17

6

432

859

 

876

215

7.50-18

6

457

884

 

901

215

7.50-20

6

508

935

 

952

215

8.25-15TR

6.5

381

847

855

865

236

8.25-20

6.5

508

974

982

992

236

9.00-15TR

7

381

891

904

911

259

9.00-20

7

508

1 019

1 031

1 038

259

10.00-15TR

7.5

381

927

940

946

278

10.00-20

7.5

508

1 054

1 067

1 073

278

10.00-22

7.5

559

1 104

1 118

1 123

278

11.00-20

8

508

1 085

1 099

1 104

293

11.00-22

8

559

1 135

1 150

1 155

293

11.00-24

8

610

1 186

1 201

1 206

293

11.50-20

8

508

1 085

1 099

1 104

296

12.00-20

8.5

508

1 125

 

1 146

315

12.00-24

8.5

610

1 226

 

1 247

315

14.00-20

10

508

1 241

 

1 266

375

14.00-24

10

610

1 343

 

1 368

375


Table D

Code designated tyres for special services

Diagonal and radial

Tyre size designation

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm) (16)

Section width

S (mm) (17)

(a)

(b)

10.00-20ML

7.5

508

1 073

1 099

278

11.00-22ML

8

559

1 155

1 182

293

13.00-24ML

9

610

1 302

 

340

14.00-20ML

10

508

1 266

 

375

14.00-24ML

10

610

1 368

 

375

15-19.5ML

11.75

495

1 019

 

389

24 R 21

18

533

1 372

610


Table E

Code designated tyres mounted on 15° tapered rims

Diagonal and radial

Tyre size designation (18)

Measuring rim width code

Nominal rim diameter d (mm)

Outer diameter D (mm) (19)

Section width

S (mm) (20)

Normal

Snow

(a)

(b)

8-19.5

6.00

495

859

 

876

203

8-22.5

6.00

572

935

 

952

203

9-22.5

6.75

572

974

982

992

229

10-22.5

7.50

572

1 019

1 031

1 038

254

11-22.5

8.25

572

1 054

1 067

1 073

279

11-24.5

8.25

622

1 104

1 118

1 123

279

12-22.5

9.00

572

1 085

1 099

1 104

300

12-24.5

9.00

622

1 135

1 150

1 155

300

12.5-22.5

9.00

572

1 085

1 099

1 104

302

12.5-24.5

9.00

622

1 135

1 150

1 155

302

14-17.5

10.50

445

907

 

921

349 (—)

15-19.5

11.75

495

1 005

 

1 019

389 (—)

15-22.5

11.75

572

1 082

 

1 095

389 (—)

16.5-22.5

13.00

572

1 128

 

1 144

425 (—)

18-19.5

14.00

495

1 080

 

1 096

457 (—)

18-22.5

14.00

572

1 158

 

1 172

457 (—)


(1)  

(+)

Tyres in diagonal construction are identified by an hyphen in place of the letter ‘R’ (e.g. 5.00-8).

(2)  The tyre size designation may be supplemented with the letter ‘C’ (e.g. 6.00-16C).

(3)  The tyre size designation may be supplemented with the letter ‘C’ (e.g. 7 R 17.5C).

(4)  

(+)

Tyres in diagonal construction are identified by an hyphen in place of the letter ‘R’ (e.g. 145-10 C).

(5)  

(+)

Tyres in radial construction are identified by the letter ‘R’ in place of the hyphen ‘-’ (e.g. 15×4 1/2 R 8).

(6)  Tyres in Radial construction are identified by the letter ‘R’ in place of ‘-’ (e.g. 6.00 R 16LT).

(7)  Coefficient ‘b’ for the calculation of Dmax: 1,08.

(8)  Overall width may exceed this value up to +8 per cent.

(9)  The suffix ‘MH’ may replace ‘LT’ in the tyre size designation (e.g. 7-14.5 MH).

(10)  Tyres in Radial construction are identified by the letter ‘R’ in place of ‘-’ (e.g. 24×7.50 R 13LT).

(11)  Coefficient ‘b’ for the calculation of Dmax: 1,07.

(12)  Overall width may exceed this value up to +7 per cent.

(13)  Tyres in Radial construction are identified by the letter ‘R’ in place of ‘-’ (e.g. 6.50 R 20).

(14)  Coefficient ‘b’ for the calculation of Dmax: 1,06. Category of use: Normal Service tyres: (a) Highway tread (b) Heavy tread.

(15)  Overall width may exceed this value up to +6 per cent.

(16)  Coefficient ‘b’ for the calculation of Dmax: 1,06.

Category of use: special (a) Traction tread (b) Heavy tread

(17)  Overall width may exceed this value up to +8 per cent.

(18)  Tyres in Radial construction are identified by the letter ‘R’ in place of ‘-’ (e.g. 8R19.5).

(19)  Coefficient ‘b’ for the calculation of Dmax: 1,05.

Category of use: Normal Service tyres: (a) Highway tread (b) Heavy tread

(20)  Overall width may exceed this value up to +6 per cent

(—) Overall width may exceed this value up to +5 per cent.


ANNEX VI

Method of measuring pneumatic tyres

1.

The tyre is mounted on the measuring rim specified by the manufacturer pursuant to paragraph 4.1.11 of this Regulation and is inflated to a pressure specified by the manufacturer pursuant to paragraph 4.1.12 of this Regulation.

2.

The tyre fitted on its rim is conditioned to the ambient temperature of the laboratory for at least 24 hours.

3.

The pressure is readjusted to the value specified in paragraph 1 above.

4.

The overall width is measured by caliper at six equally spaced points, account being taken of the thickness of the protective ribs or bands. The highest measurement so obtained is taken as the overall width.

5.

The outer diameter is calculated from the maximum circumference.


ANNEX VII

Procedure for load/speed endurance tests

1.   PREPARING THE TYRE

1.1.   Mount a new tyre on the test rim specified by the manufacturer pursuant to paragraph 4.1.11. of this Regulation.

1.2.   Use a new inner tube or combination of inner tube, valve and flap (as required) when testing tyres with inner tubes.

1.3.   Inflate the tyre to the pressure corresponding to the pressure index specified by the manufacturer pursuant to paragraph 4.1.12. of this Regulation.

1.4.   Condition the tyre-and-wheel assembly at test-room temperature for not less than three hours.

1.5.   Readjust the tyre pressure to that specified in paragraph 1.3. above.

2.   TEST PROCEDURE

2.1.   Mount the tyre-and-wheel assembly on the test axle and press it against the outer face of a smooth power-driven test drum 1,70 m ± 1 per cent in diameter having a surface at least as wide as the tyre tread.

2.2.   Apply to the test axle a series of test loads expressed in per cent of the load indicated, in annex IV to this Regulation, opposite the load index engraved on the sidewall of the tyre, in accordance with the test programme below. Where the tyre has load-capacity indices for both single and twinned utilization, the reference load for single utilization shall be taken as the basis for the test loads.

2.2.1.   In the case of tyres with a speed category symbol above P, test procedures are as specified in paragraph 3.

2.2.2.   For all other tyre types, the endurance test programme is shown in appendix 1 to this annex.

2.3.   The tyre pressure must not be corrected throughout the test and the test load must be kept constant throughout each of the three test stages.

2.4.   During the test the temperature in the test-room must be maintained at between 20 °C and 30 °C or at a higher temperature if the manufacturer so agrees.

2.5.   The endurance-test programme shall be carried out without interruption.

3.   LOAD/SPEED TEST PROGRAMME FOR TYRE WITH SPEED CATEGORY SYMBOL Q AND ABOVE

3.1.   This programme applies to:

3.1.1.

all tyres marked with load capacity index in single 121 or less.

3.1.2.

tyres marked with load capacity index in single 122 and above and with the additional marking ‘C’, or ‘LT’, referred to in paragraph 3.1.13. of this Regulation.

3.2.   Load placed on the wheel as a percentage of the load corresponding to the load index:

3.2.1.

90 % when tested on a test drum 1,70 m ± 1 per cent in diameter;

3.2.2.

92 % when tested on a test drum 2,0 m ± 1 per cent in diameter.

3.3.   Initial test speed: speed corresponding to the speed category symbol less 20 km/h;

3.3.1.   Time to reach the initial test speed 10 min.

3.3.2.   Duration of the first step = 10 min.

3.4.   Second test speed: speed corresponding to the speed category symbol less 10 km/h;

3.4.1.   Duration of the second step = 10 min.

3.5.   Final test speed: speed corresponding to the speed category symbol:

3.5.1.

Duration of the final step = 30 min.

3.6.   Total test duration: 1 h.

4.   EQUIVALENT TEST METHODS

If a method other than that described in paragraph 2. above is used, its equivalence must be demonstrated.

Appendix 1

Endurance-test programme

Load index

Tyre speed category

Test-drum speed

Load placed on the wheel as a percentage of the load corresponding to the load index

Radial-ply min-1

Diagonal (bias-ply) min-1

7 h.

16 h.

24 h.

122 or more

F

100

100

66 %

84 %

101 %

G

125

100

J

150

125

K

175

150

L

200

M

225

121 or less

F

100

100

G

125

125

J

150

150

K

175

175

L

200

175

70 %

4 h.

88 %

6 h.

106 %

M

250

200

75 %

97 %

114 %

N

275

75 %

97 %

114 %

P

300

75 %

97 %

114 %

Notes:

(1)

‘Special-use’ tyres (see paragraph 2.1.3 of the Regulation) should be tested at a speed equal to 85 per cent of the speed prescribed for equivalent normal tyres.

(2)

Tyres with load index 122 or more, speed categories N or P and the additional marking ‘LT’, or ‘C’, referred to in paragraph 3.1.13 of this Regulation, shall be tested with the same programme as specified in the above table for tyres with load index 121 or less.

Appendix 2

Relation between the pressure index and the units of pressure

Pressure Index (‘PSI’)

Bar

kPa

20

1,4

140

25

1,7

170

30

2,1

210

35

2,4

240

40

2,8

280

45

3,1

310

50

3,4

340

55

3,8

380

60

4,1

410

65

4,5

450

70

4,8

480

75

5,2

520

80

5,5

550

85

5,9

590

90

6,2

620

95

6,6

660

100

6,9

690

105

7,2

720

110

7,6

760

115

7,9

790

120

8,3

830

125

8,6

860

130

9,0

900

135

9,3

930

140

9,7

970

145

10,0

1 000

150

10,3

1 030


ANNEX VIII

Variation of load capacity with speed commercial vehicles tyres radial and diagonal

(See paras 2.27 and 2.29)

Variation of load capacity (per cent)

Speed (km/h)

All load indices

Load indices ≥ 122 (1)

Load indices ≤ 121 (1)

Speed category symbol

Speed category symbol

Speed category symbol

F

G

J

K

L

M

L

M

N

P (2)

0

+ 150

+ 150

+ 150

+ 150

+ 150

+ 150

+ 110

+ 110

+ 110

+ 110

5

+ 110

+ 110

+ 110

+ 110

+ 110

+ 110

+90

+90

+90

+90

10

+80

+80

+80

+80

+80

+80

+75

+75

+75

+75

15

+65

+65

+65

+65

+65

+65

+60

+60

+60

+60

20

+50

+50

+50

+50

+50

+50

+50

+50

+50

+50

25

+35

+35

+35

+35

+35

+35

+42

+42

+42

+42

30

+25

+25

+25

+25

+25

+25

+35

+35

+35

+35

35

+19

+19

+19

+19

+19

+19

+29

+29

+29

+29

40

+15

+15

+15

+15

+15

+15

+25

+25

+25

+25

45

+13

+13

+13

+13

+13

+13

+22

+22

+22

+22

50

+12

+12

+12

+12

+12

+12

+20

+20

+20

+20

55

+11

+11

+11

+11

+11

+11

+17,5

+17,5

+17,5

+17,5

60

+10

+10

+10

+10

+10

+10

+15,0

+15,0

+15,0

+15,0

65

+7,5

+8,5

+8,5

+8,5

+8,5

+8,5

+13,5

+13,5

+13,5

+13,5

70

+5,0

+7,0

+7,0

+7,0

+7,0

+7,0

+12,5

+12,5

+12,5

+12,5

75

+2,5

+5,5

+5,5

+5,5

+5,5

+5,5

+11,0

+11,0

+11,0

+11,0

80

0

+4,0

+4,0

+4,0

+4,0

+4,0

+10,0

+10,0

+10,0

+10,0

85

–3

+2,0

+3,0

+3,0

+3,0

+3,0

+8,5

+8,5

+8,5

+8,5

90

–6

0

+2,0

+2,0

+2,0

+2,0

+7,5

+7,5

+7,5

+7,5

95

–10

–2,5

+1,0

+1,0

+1,0

+1,0

+6,5

+6,5

+6,5

+6,5

100

–15

–5

0

0

0

0

+5,0

+5,0

+5,0

+5,0

105

 

–8

–2

0

0

0

+3,75

+3,75

+3,75

+3,75

110

 

–13

–4

0

0

0

+2,5

+2,5

+2,5

+2,5

115

 

 

–7

–3

0

0

+1,25

+1,25

+1,25

+1,25

120

 

 

–12

–7

0

0

0

0

0

0

125

 

 

 

 

 

0

–2,5

0

0

0

130

 

 

 

 

 

0

–5,0

0

0

0

135

 

 

 

 

 

 

–7,5

–2,5

0

0

140

 

 

 

 

 

 

–10

–5

0

0

145

 

 

 

 

 

 

 

–7,5

–2,5

0

150

 

 

 

 

 

 

 

–10,0

–5,0

0

155

 

 

 

 

 

 

 

 

–7,5

–2,5

160

 

 

 

 

 

 

 

 

–10,0

–5,0


(1)  The load capacity indices refer to a single operation.

(2)  Load variations are not allowed for speeds above 160 km/h. For speed category symbols ‘Q’ and above the speed category corresponding to the speed category symbol (see paragraph 2.28.2) specifies the maximum speed permitted for the tyre.


ANNEX IX

COMMUNICATION

Upgrade of Service Description for the purposes of retreading in accordance with Regulation No 109

(Maximum format: A4 (210 × 297 mm))

Issued by (Name and Address of Tyre Manufacturer): …

Declaration:

The tyre corresponding to the following details has been approved to operate at a higher service description than that of the tyre originally approved. It is therefore permitted, subject to any limitations given in paragraph 4.1.1 below, for a tyre bearing the original service description and approval number, to be retreaded to the upgraded service description.

It is also agreed that this information may be released by an approval authority to any retreading production unit that is approved in accordance with Regulation No 109.

1.   Manufacturer’s name or trademark on the tyre: …

2.   Manufacturer’s tyre type, model or design designation: …

3.   Tyre size designation: …

3.1.   Category of use (Normal, Snow or Special): …

4.   Service description

4.1.   Original tyre: …

Approval No Pursuant to Regulation No 54 …

Granted by: …

4.1.1.   Where applicable, the production plant in which tyres suitable for upgrading were produced, the production periods concerned, and the means of identifying either or both of these issues:

4.2.   Upgraded tyre: …

Approval No pursuant to Regulation No 54: …

Granted by: …

5.   Authorised by (tyre manufacturer’s representative):

5.1.   Name (Block capitals): …

5.2.   Department: …

5.3.   Signature: …