11.4.2013   

EN

Official Journal of the European Union

L 102/1

(1)

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 (2) in order to give effect to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria (3).

(2)

On 29 November 2012, the Council adopted Decision 2012/739/CFSP which repealed and replaced Decision 2011/782/CFSP.

(3)

Decision 2012/739/CFSP includes a ban on the purchase, import or transport of arms and related material of all types, and financing or financial assistance for the purchase, import or transport of such items.

(4)

That Decision also provides for the possibility to allow the release of certain frozen funds or economic resources where they are required to satisfy a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in a Member State, prior to or after the date of designation of the natural or legal persons, entities or bodies concerned.

(5)

Decision 2012/739/CFSP also provides for derogations from certain restrictive measures for the sole purpose of evacuating citizens of the Union and their family members from Syria.

(6)

In view of the specific circumstances in Syria, Decision 2012/739/CFSP provides for restrictions on access to airports of all exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines.

(7)

On 28 February 2013, the Council adopted Decision 2013/109/CFSP amending Decision 2012/739/CFSP concerning restrictive measures against Syria (4).

(8)

Decision 2013/109/CFSP includes additional derogations in relation to the sale, supply, transfer or export of equipment which might be used for internal repression and to the provision of technical assistance.

(9)

Those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(10)

It is furthermore necessary to update Regulation (EU) No 36/2012 with the latest information provided by Member States regarding the identification of competent authorities and with the address of the European Commission.

(11)

Regulation (EU) No 36/2012 should therefore be amended accordingly,

(1)

Article 2(3) is replaced by the following:

‘3.   By way of derogation from paragraph 1, the competent authorities in the Member States, as identified on the websites listed in Annex III, may authorise the sale, supply, transfer or export of equipment which might be used for internal repression, under such conditions as they deem appropriate, if they determine that:

(2)

Article 3(2) is replaced by the following:

‘2.   By way of derogation from paragraph 1, and provided that the provision shall first have been approved by the competent authority of a Member State, as identified on the websites listed in Annex III, the prohibitions referred to therein shall not apply to:

(3)

the following Article is inserted:

‘Article 3a

It shall be prohibited:

(4)

Article 16 is replaced by the following:

‘Article 16

By way of derogation from Article 14, the competent authorities in the Member States, as identified on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within four weeks following the authorisation.’;

(5)

Article 18 is replaced by the following:

‘Article 18

1.   By way of derogation from Article 14, the competent authorities in Member States, as indicated on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article.’;

(6)

in Article 19(1), the following point is added:

(7)

the following Article is inserted:

‘Article 21b

Article 14(2) shall not prevent acts or transactions carried out with respect to Syrian Arab Airlines for the sole purpose of evacuating citizens of the Union and their family members from Syria.’;

(8)

the following Chapter is inserted:

‘CHAPTER VIA

RESTRICTIONS ON TRANSPORT

Article 26a

1.   It shall be prohibited, consistent with international law, to accept, or provide access to airports in the Union by, exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines, except where:

as provided for under the Chicago Convention on International Civil Aviation or the International Air Services Transit Agreement.

2.   Paragraph 1 shall not apply to flights for the sole purpose of evacuating citizens of the Union and their family members from Syria.

3.   It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in paragraph 1.’;

(9)

Annex III is replaced by the text appearing in the Annex to this Regulation.

11.4.2013   

EN

Official Journal of the European Union

L 102/6

(1)

Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

11.4.2013   

EN

Official Journal of the European Union

L 102/8

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

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

11.4.2013   

EN

Official Journal of the European Union

L 102/10

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

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

11.4.2013   

EN

Official Journal of the European Union

L 102/12

(1)

Article 17 of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (2), lays down deadlines within which Member States have to communicate to the Commission the quantities of sugar carried forward to the next marketing year.

(2)

By way of derogation from Article 63(2)(a) of Regulation (EC) No 1234/2007, Article 1 of Commission Implementing Regulation (EU) No 319/2013 (3) extended, for the marketing year 2012/13, the time limits within which Member States determine the deadline within which operators have to communicate to Member States their decision to carry forward surplus sugar production.

(3)

Consequently, deadlines within which Member States have to communicate to the Commission the quantities to be carried forward, pursuant to Article 17 of Regulation (EC) No 967/2006, should be shifted accordingly.

(4)

It is therefore necessary to derogate, for the marketing year 2012/13, from the deadlines fixed in points (a) and (b) of Article 17 of Regulation (EC) No 967/2006.

(5)

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

11.4.2013   

EN

Official Journal of the European Union

L 102/13

(1)

On 10 November 2012, the European Commission (‘the Commission’) announced by a notice published in the Official Journal of the European Union  (2) (‘notice of initiation’), the initiation of an anti-subsidy proceeding concerning imports of biodiesel originating in Argentina and Indonesia (‘the countries concerned’) following a complaint lodged on 26 September 2012 by the European Biodiesel Board (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of biodiesel.

(2)

The product concerned by this registration is the same as that defined in the notice of initiation, i.e. fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, in pure form or as included in a blend, currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 95, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, 2710 20 11, 2710 20 15, 2710 20 17, ex 3824 90 97, 3826 00 10 and ex 3826 00 90, and originating in the countries concerned.

(3)

Following the publication of the notice of initiation, the complainant requested in December 2012 that imports of the product concerned are made subject to registration pursuant to Article 24(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration.

(4)

According to Article 24(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action.

(5)

The complainant claimed that registration is justified as the product concerned was being subsidised and injury to the Union industry, which is difficult to repair, was caused by the surge in subsidised imports in a relatively short period of time.

(6)

The Commission has at its disposal sufficient prima facie evidence that imports of the product concerned from the countries concerned are being subsidised. In the anti-subsidy complaint the Union industry provided evidence that the product concerned is being subsidised in both countries concerned through a system of Differential Export Taxation. In both countries concerned an export tax is charged on the raw material, at rates which are higher than those charged on the export of biodiesel. This approach effectively obliges the producers of the raw material to sell on the domestic market, thus depressing prices and artificially reducing the costs of the biodiesel producers. The evidence in the complaint provides sufficient support at this stage that the exporters in question are being subsidised in their exports of biodiesel.

(7)

As regards injury, the Commission has at its disposal sufficient prima facie evidence that the exporting producers’ subsidisation is causing material injury to the Union industry, which is difficult to repair. This evidence consists of detailed data, contained in the anti-subsidy complaint and request for registration and supported by information from the industry and public sources, concerning the key injury factors set out in Article 8(5) of the basic Regulation.

(8)

The request also provides sufficient evidence of critical circumstances where, for the subsidised product in question, injury, which is difficult to repair, is caused by massive imports benefiting from countervailable subsidies in a relatively short period of time. Evidence of such circumstances includes the rapid nature of the deterioration of the situation of the Union industry.

(9)

The level of imports of biodiesel from the countries concerned reaches a peak during spring and summer as, due to its physical and chemical properties, the use of these products is limited when temperatures are low. In view of the initiation of the current proceeding, it is likely that the exporting producers will negotiate contracts with EU importers for sales of increased volumes of biodiesel prior to the adoption of provisional measures, if any, and inventories will be rapidly built up by importers. The period prior to the initiation also showed a strong increase of imports.

(10)

In view of the above, it may be necessary, in order to preclude the recurrence of such injury, to assess countervailing duties, if any, retroactively on those imports.

(11)

In view of the above, the Commission has concluded that the complainant provided sufficient evidence to justify making imports of the product concerned subject to registration in accordance with Article 24(5) of the basic Regulation.

(12)

All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

(13)

Pursuant to Article 24(5) of the basic Regulation, imports of the product concerned should be made subject to registration in order to ensure that, should the investigation result in findings leading to the imposition of anti-subsidy duties, those duties should, if the necessary conditions are fulfilled, be levied retroactively in accordance with applicable legal provisions.

(14)

Any future liability would emanate from the findings of the anti-subsidy investigation. The allegations in the complaint requesting the initiation of an investigation mentions subsidy margins of 18 % for Indonesia, and 30 % for Argentina, and injury margins between 28,5 and 29,5 % for Argentina and between 35,5 and 37,5 % for Indonesia.

(15)

In order that the registration is sufficiently effective in view of eventual retroactive levying of an anti-subsidy duty, the declarant should indicate on the customs declaration the proportion in blends, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

(16)

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),

11.4.2013   

EN

Official Journal of the European Union

L 102/16

(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,

11.4.2013   

EN

Official Journal of the European Union

L 102/18

(1)

The quantities covered by certificate applications for out-of-quota sugar submitted from 26 March 2013 to 3 April 2013 and notified to the Commission from 3 April 2013 to 5 April 2013 exceed the limit set in Article 1 of Implementing Regulation (EU) No 281/2013.

(2)

Therefore, in accordance with Article 5 of Implementing Regulation (EU) No 281/2013 it is necessary to fix an allocation coefficient, which the Member States shall apply to the quantities covered by each notified certificate application.

(3)

In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

11.4.2013   

EN

Official Journal of the European Union

L 102/19

(1)

The Dutch language version of Directive 2000/29/EC as amended by Commission Directive 2002/36/EC (2) contains an error. In point 32.1 of Section I of Part A of Annex IV, the words ‘met uitzondering van Europese en mediterrane landen’ have been wrongly inserted and must therefore be deleted. The other language versions are not affected.

(2)

Directive 2000/29/EC should therefore be corrected accordingly.

(3)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,