ISSN 1977-0677 |
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Official Journal of the European Union |
L 233 |
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English edition |
Legislation |
Volume 59 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
30.8.2016 |
EN |
Official Journal of the European Union |
L 233/1 |
COMMISSION DELEGATED REGULATION (EU) 2016/1434
of 14 December 2015
correcting Delegated Regulation (EU) 2015/63 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (1), and in particular Article 103(7) and (8) thereof,
Whereas:
(1) |
Some errors appear in all language versions of the text of Articles 5(1)(f), 5(3), 6(9), 12(1), 14(1), 20(1) and 20(5) of Commission Delegated Regulation (EU) 2015/63 (2). |
(2) |
Article 5(1)(f) of Delegated Regulation (EU) 2015/63 erroneously contains the word ‘original’ reducing thereby the scope of the exclusion relating to the liabilities of promotional banks. The policy objective would be clarified by the deletion of the word ‘original’. |
(3) |
In Article 5(3) of Delegated Regulation (EU) 2015/63 the reference to Article 429(6) and (7) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (3) should be updated to take into consideration the amendments introduced by Commission Delegated Regulation (EU) 2015/62 (4). The reference should be replaced with a reference to Articles 429, 429a and 429b of Regulation (EU) No 575/2013. |
(4) |
In Article 14(1) of Delegated Regulation (EU) 2015/63, it should be clarified that it refers to the latest approved annual financial statements available, at the latest, on 31 December of the year preceding the contribution period, and not before 31 December. |
(5) |
Article 20(1) contains a typographical error. The deadline should be aligned with the deadline in paragraph 4 of that Article and changed to 1 September 2015. |
(6) |
Article 20(5) needs to be aligned with Article 8(5) of Council Implementing Regulation (EU) 2015/81 (5) in order to ensure consistency within the internal market and in Union law. The policy objective was reflected in the Implementing Regulation (EU) 2015/81 but erroneously not in Article 20(5) of Delegated Regulation (EU) 2015/63. |
(7) |
Further errors appear in the German version of the text of Articles 14(1), 15(2) and 16(1) of Delegated Regulation (EU) 2015/63. |
(8) |
Delegated Regulation (EU) 2015/63 should therefore be corrected accordingly. |
(9) |
The errors in Delegated Regulation (EU) 2015/63 require a correction to ensure a level playing field in the internal market. For this reason, this Correcting Regulation should apply retroactively as of 1 January 2015, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2015/63 is corrected as follows:
(1) |
in Article 5(1), point (f) is replaced by the following:
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(2) |
in Article 5(3), the first subparagraph is replaced by the following: ‘For the purpose of this Section, the yearly average amount, calculated on a quarterly basis, of liabilities referred to in paragraph 1 arising from derivative contracts shall be valued in accordance with Articles 429, 429a and 429b of Regulation (EU) No 575/2013.’; |
(3) |
in Article 6, paragraph 9 is replaced by the following: ‘9. For the purposes of paragraphs 6, 7 and 8, the determination of the resolution authority shall be based on the assessments conducted by competent authorities where available.’; |
(4) |
in Article 12, paragraph 1 is replaced by the following: ‘1. Where an institution is a newly supervised institution for only part of a contribution period, the partial contribution shall be determined by applying the methodology set out in this Section to the amount of its annual contribution calculated during the subsequent contribution period by reference to the number of full months of the contribution period for which the institution is supervised.’; |
(5) |
in Article 14, paragraph 1 is replaced by the following: ‘1. Institutions shall provide the resolution authority with the latest approved annual financial statements which were available, at the latest, on the 31 December of the year preceding the contribution period, together with the opinion submitted by the statutory auditor or audit firm, in accordance with Article 32 of Directive 2013/34/EU of the European Parliament and of the Council (*1). (*1) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).’;" |
(6) |
[Concerns only the German language version.] |
(7) |
[Concerns only the German language version.] |
(8) |
in Article 20(1), the third sentence is replaced by the following: ‘In 2015 where any of the information required in Article 16 is not available to the deposit guarantee scheme by 1 September for the purposes of the calculation the annual target level referred to in Article 4(2) or of the basic annual contribution of each institution referred to in Article 5, following a notification by the deposit guarantee scheme, the relevant credit institutions shall provide the resolution authorities with that information by that date.’; |
(9) |
in Article 20(5), the first sentence is replaced by the following: ‘Without prejudice to Article 10 of this Regulation, during the initial period referred to in Article 69(1) of Regulation (EU) No 806/2014, Member States may allow institutions whose total assets are equal to or less than EUR 3 000 000 000 to pay a lump-sum of EUR 50 000 for the first EUR 300 000 000 of total liabilities, less own funds and covered deposits’. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 173, 12.6.2014, p. 190.
(2) Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ L 11, 17.1.2015, p. 44).
(3) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
(4) Commission Delegated Regulation (EU) 2015/62 of 10 October 2014 amending Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to the leverage ratio (OJ L 11, 17.1.2015, p. 37).
(5) Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex ante contributions to the Single Resolution Fund (OJ L 15, 22.1.2015, p. 1).
30.8.2016 |
EN |
Official Journal of the European Union |
L 233/4 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/1435
of 29 August 2016
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 August 2016.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
AR |
186,0 |
MA |
155,2 |
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ZZ |
170,6 |
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0707 00 05 |
TR |
172,1 |
ZZ |
172,1 |
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0709 93 10 |
TR |
132,0 |
ZZ |
132,0 |
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0805 50 10 |
AR |
192,3 |
CL |
143,1 |
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TR |
156,0 |
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UY |
138,9 |
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ZA |
169,5 |
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ZZ |
160,0 |
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0806 10 10 |
EG |
230,9 |
TR |
132,4 |
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ZZ |
181,7 |
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0808 10 80 |
AR |
120,9 |
BR |
106,9 |
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CL |
145,6 |
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NZ |
152,8 |
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UY |
93,1 |
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ZA |
93,9 |
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ZZ |
118,9 |
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0808 30 90 |
AR |
93,2 |
CL |
101,2 |
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TR |
139,2 |
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ZA |
110,5 |
|
ZZ |
111,0 |
|
0809 30 10 , 0809 30 90 |
TR |
130,7 |
ZZ |
130,7 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
30.8.2016 |
EN |
Official Journal of the European Union |
L 233/6 |
DECISION No 1/2016 OF THE EU-JORDAN ASSOCIATION COMMITTEE
of 19 July 2016
amending the provisions of Protocol 3 to the Euro-Mediterranean Agreement establishing an Association ‘between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, concerning the definition of the concept of originating products’ and the list of working or processing required to be carried out on non-originating materials in order for certain categories of products, manufactured in dedicated development zones and industrial areas, and connected with generating employment for Syrian refugees and Jordanians, to obtain originating status [2016/1436]
THE EU-JORDAN ASSOCIATION COMMITTEE,
Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (‘the Agreement’), and in particular Article 94 of the Agreement and Article 39 of Protocol 3 to the Agreement,
Whereas:
(1) |
The Hashemite Kingdom of Jordan (‘Jordan’) submitted proposals to the international community for a holistic approach for an economic response to the Syrian refugee crisis and, as part of this initiative, made a specific request on 12 December 2015 for a relaxation of the rules of origin applied under the Agreement so as to enhance Jordan's exports to the Union and create additional employment opportunities, especially for Syrian refugees as well as Jordanians. |
(2) |
In the framework of the International Conference on Supporting Syria and the Region, held in London on 4 February 2016, Jordan declared its intention to promote the participation of Syrian refugees in the formal labour market in Jordan and, in that context, to provide 50 000 job opportunities for Syrian refugees within one year of the Conference and the overall objective to increase this level to approximately 200 000 job opportunities over the next years. |
(3) |
A temporary relaxation of applicable rules of origin would allow for certain goods produced in Jordan to be subject to less stringent rules of origin for the purpose of determining preferential treatment on import into the Union than would otherwise apply. This temporary relaxation of applicable rules of origin would be part of the Union's support to Jordan in the context of the Syrian crisis and with the aim of mitigating the costs imposed by hosting a large number of Syrian refugees. |
(4) |
The Union considers that the requested relaxation of the rules of origin would contribute to the overall objective of creating approximately 200 000 job opportunities for Syrian refugees. |
(5) |
The relaxation of the rules of origin would be subject to certain conditions with a view to ensuring that the benefit goes to exporters that contribute to the Jordanian effort of employing Syrian refugees. |
(6) |
The Annex to this Decision applies to goods produced in production facilities located in dedicated development zones and industrial areas within Jordan and contributing to the generation of employment for Syrian refugees and for the Jordanian population. |
(7) |
The objective of this initiative is to stimulate trade and investment in those development zones and industrial areas and thereby contribute to improved economic and employment opportunities for Syrian refugees and for the Jordanian population. |
(8) |
Annex II to Protocol 3 of the Agreement should therefore be complemented in order to specify the list of working or processing required to be carried out on non-originating materials in order for such products to obtain originating status. This complementary list of working or processing should be based on the origin rules applied by the Union for imports from least-developed countries under the Generalised Scheme of Preferences/Everything But Arms initiative. |
(9) |
There should be a possibility to suspend temporarily the application of the Annex to this Decision, establishing a complementary list of working and processing in relation to a specific production facility if the conditions laid out in Article 1.1 of the Annex to this Decision are not met by that facility. |
(10) |
There should also be a possibility to suspend temporarily the application of the Annex to this Decision with respect to any of the products listed in Article 2 of the Annex to this Decision imported in such increased quantities and under such conditions as to cause, or threaten to cause, serious injuries to Union producers of like or directly competing products in all or part of the territory of the Union or serious disturbances in any sector of the economy of the Union, in accordance with Articles 24 and 26 of the Agreement. |
(11) |
This Decision should be valid for a limited period sufficient to provide an incentive for additional investment and employment generation and should therefore expire on 31 December 2026. The Union and Jordan will carry out a mid-term review pursuant to Article 1.7 of the Annex to this Decision, and may amend the Annex to this Decision through a decision of the Association Committee in the light of experience gained through the implementation of this Decision. |
(12) |
The achievement by Jordan of its objective set in the framework of the International Conference of 4 February 2016 of creating approximately 200 000 job opportunities for Syrian refugees would represent a significant milestone also in respect of the implementation of this Decision, whereupon the Union and Jordan will consider further simplifying this support measure. This would require an amendment of the Annex to this Decision through a decision of the Association Committee, |
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Protocol 3 of the Agreement, containing the list of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status, is amended and complemented by Annex II(a) to Protocol 3 of the Agreement, contained in the Annex of this Decision.
Article 2
Annex II(a) to Protocol 3 of the Agreement, contained in the Annex to this Decision, specifies the conditions for application and the list of working or processing required to be carried out on non-originating materials in order for the product manufactured in specific geographic areas connected with the additional employment of Syrian refugees to obtain originating status.
Article 3
The Annex shall form an integral part of this Decision.
Article 4
This Decision shall enter into force on the date of its adoption by the Association Committee.
It shall apply until 31 December 2026.
Done in Amman, 19 July 2016.
For the EU-Jordan Association Committee
S. AL-KHARABSHEH
ANNEX
‘ANNEX II(a)
ADDENDUM TO THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS
Article 1
Common provisions
A. Definition of origin
1. |
For the products listed in Article 2, the following rules may also apply instead of the rules set out in Annex II of Protocol 3 provided that such products respect the following conditions:
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2. |
The competent authorities of Jordan shall monitor the respect of the conditions laid out in paragraph 1, shall grant to an exporter of products fulfilling such conditions an authorisation number and shall promptly withdraw such authorisation number when such conditions are no longer fulfilled. |
B. Proof of origin
3. |
A proof of origin made out pursuant to this Annex shall contain the following statement in English: ‘Derogation — Annex II(a) of Protocol 3 — name of the Development Zone or industrial area and authorisation number granted by the competent authorities of Jordan’. |
C. Administrative cooperation
4. |
When, in accordance with Article 33(5) of this Protocol, as amended by decision No 1/2006 of the EU-Jordan Association Council (1), the customs authorities of Jordan inform the European Commission or the requesting customs authorities of the Member States of the European Union (the ‘Member States’) of the results of the verification, they shall specify that the products listed in Article 2 fulfil the conditions laid out in paragraph 1. |
5. |
Where the verification procedure or any other available information appears to indicate that the conditions laid out in paragraph 1 are not fulfilled, Jordan shall, on its own initiative or at the request of the European Commission or the customs authorities of the Member States, carry out appropriate inquiries or arrange for such inquiries to be carried out with due urgency to identify and prevent such contraventions. For this purpose, the European Commission or the customs authorities of the Member States may participate in the inquiries. |
D. Report, monitoring and review
6. |
Each year after the entry into force of this Annex, Jordan shall submit a report to the European Commission on the operation and effects of this Annex, including production and export statistics at 8 digit level or the highest level of detail available, and a list identifying the companies producing in the Development Zones and Industrial Areas and specifying the percentage of Syrian refugees they each employed on a year-by-year basis. The Parties shall jointly review such reports and any issues relating to the implementation and monitoring of this Annex in the framework of the existing bodies created under the Association Agreement and in particular in the Sub-Committee on Industry, Trade and Services. The Parties shall also consider the involvement of relevant international organisations such as the International Labour Organisation and the World Bank in the monitoring process. |
7. |
Four years after the entry into force of this Annex, the Parties shall carry out a mid-term review to determine if any modifications should be made in light of experience of the implementation of this Annex and the evolution of the conflict in Syria. Based on this mid-term review, the Association Committee may consider possible amendments to this Annex. |
8. |
Once Jordan achieves its target of facilitating a greater participation of Syrian refugees in the formal labour market by issuing a total number of around 200 000 work permits to Syrian refugees, the Parties will consider further simplifying the provisions of this Annex taking into consideration the developments in the Syrian refugee crisis. The Association Committee may amend this Annex to this effect. |
E. Temporary suspension
9. |
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F. Safeguard mechanism
10. |
Where a product listed in Article 2 benefiting from the application of this Annex is imported in such increased quantities and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competitive products in all or part of the territory of the Union or serious disturbances in any sector of the economy of the Union, in accordance with Articles 24 and 26 of the Agreement, the Union may refer the matter for examination to the Association Committee. If within 90 days of the matter being referred to it, the Association Committee fails to adopt a decision putting an end to such serious injury or threat thereof or serious disturbances or if no other satisfactory solution has been reached, the application of this Annex shall be suspended with respect to that product, until the Association Committee adopts a decision declaring that they have ended or until a satisfactory solution has been reached by the Parties and is notified to the Association Committee. |
G. Entry into force and application
11. |
This Annex shall apply from the day of entry into force of the Association Committee decision to which it is attached and until 31 December 2026. |
Article 2
List of products and of required working and processing
The list of products to which this Annex applies and the rules of working and processing that may be applied as an alternative to those listed in Annex II are set out below.
Annex I to Protocol 3 of the Agreement containing the introductory notes to the list in Annex II to Protocol 3 of the Agreement applies mutatis mutandis to the list below, subject to the following amendments:
In Note 5.2, the following basic materials are added in the second paragraph:
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In Note 7.3, the text is replaced by the following: For the purposes of headings ex 2707 and 2713, simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin.
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(1) Decision No 1/2006 of the EU-Jordan Association Council of 15 June 2006 amending Protocol 3 to the Euro-Mediterranean Agreement, concerning the definition of the concept of originating products and methods of administrative cooperation (OJ L 209, 31.7.2006, p. 30).
(2) For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.
(3) For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.
(4) A ‘group’ is regarded as any part of the heading separated from the rest by a semi-colon.
(5) In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
(6) The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %.
(7) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
(8) See Introductory Note 6.
(9) For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.
(10) SEMII — Semiconductor Equipment and Materials Institute Incorporated.’