# Official Journal L 116/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 116 |
| | |
| English edition | Legislation | Volume 5930 April 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 116

English edition

Legislation

Volume 5930 April 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Notice concerning the provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part | 1 |
| | * | Information concerning the entry into force of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union | 2 |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2016/672 of 29 April 2016 approving peracetic acid as an existing active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 (
  1
  ) | 3 |
| | * | Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (
  1
  ) | 8 |
| | * | Commission Implementing Regulation (EU) 2016/674 of 29 April 2016 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on certain fruit and vegetables | 23 |
| | * | Commission Implementing Regulation (EU) 2016/675 of 29 April 2016 amending Implementing Regulation (EU) 2015/1519 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009 | 27 |
| | * | Commission Implementing Regulation (EU) 2016/676 of 29 April 2016 amending Implementing Regulation (EU) 2015/1518 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 | 31 |
| | | Commission Implementing Regulation (EU) 2016/677 of 29 April 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 35 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2016/678 of 29 April 2016 pursuant to Article 3(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council on a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths (
  1
  ) | 37 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Notice concerning the provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part

1

*

Information concerning the entry into force of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union

2

REGULATIONS

*

Commission Implementing Regulation (EU) 2016/672 of 29 April 2016 approving peracetic acid as an existing active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 (
  1
  )

1

3

*

Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (
  1
  )

1

8

*

Commission Implementing Regulation (EU) 2016/674 of 29 April 2016 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on certain fruit and vegetables

23

*

Commission Implementing Regulation (EU) 2016/675 of 29 April 2016 amending Implementing Regulation (EU) 2015/1519 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009

27

*

Commission Implementing Regulation (EU) 2016/676 of 29 April 2016 amending Implementing Regulation (EU) 2015/1518 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

31

Commission Implementing Regulation (EU) 2016/677 of 29 April 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

35

DECISIONS

*

Commission Implementing Decision (EU) 2016/678 of 29 April 2016 pursuant to Article 3(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council on a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths (
  1
  )

1

37

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Decision (CFSP) 2016/446 of 23 March 2016 amending and extending Council Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) ( OJ L 78, 24.3.2016 ) | 39 |
| | * | Corrigendum to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC ( OJ L 5, 9.1.2004 ) | 39 |
| | * | Corrigendum to Commission Implementing Regulation (EU) 2016/670 of 28 April 2016 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries ( OJ L 115, 29.4.2016 ) | 40 |

Corrigenda

*

Corrigendum to Council Decision (CFSP) 2016/446 of 23 March 2016 amending and extending Council Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) ( OJ L 78, 24.3.2016 )

( OJ L 78, 24.3.2016 )

39

*

Corrigendum to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC ( OJ L 5, 9.1.2004 )

( OJ L 5, 9.1.2004 )

39

*

Corrigendum to Commission Implementing Regulation (EU) 2016/670 of 28 April 2016 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries ( OJ L 115, 29.4.2016 )

( OJ L 115, 29.4.2016 )

40

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| 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. |
| --- | --- |

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.

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 30.4.2016 | EN | Official Journal of the European Union | L 116/1 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/1

---

Notice concerning the provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part

The following parts of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed at Astana on 21 December 2015, will be provisionally applied as of 1 May 2016 by virtue of Article 3 of the Council Decision on the signing and provisional application of the Agreement (1), to the extent that they cover matters falling within the Union's competence:

1

| | Title I; |
| --- | --- |

Title I;

| | Title II: Articles 4, 5, 9 and 10; |
| --- | --- |

Title II: Articles 4, 5, 9 and 10;

| | Title III (with the exception of Articles 56 and 58, Article 62 to the extent that it concerns criminal enforcement of intellectual property rights, and Article 147);
  The provisional application of Article 141 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 United Nations Convention on the Law of the Sea. |
| --- | --- |

Title III (with the exception of Articles 56 and 58, Article 62 to the extent that it concerns criminal enforcement of intellectual property rights, and Article 147);

The provisional application of Article 141 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 United Nations Convention on the Law of the Sea.

| | Title IV: Chapters 5, 6 and 7 (with the exception of point (c) of Article 210 and points (b), (f), (g), (h) and (i) of Article 212), and Chapters 12 and 15; |
| --- | --- |

Title IV: Chapters 5, 6 and 7 (with the exception of point (c) of Article 210 and points (b), (f), (g), (h) and (i) of Article 212), and Chapters 12 and 15;

| | Title V: Article 235 and Article 238 (with the exception of paragraphs 2 and 3); |
| --- | --- |

Title V: Article 235 and Article 238 (with the exception of paragraphs 2 and 3);

| | Title VI: Chapters 5 and 9; |
| --- | --- |

Title VI: Chapters 5 and 9;

| | Title VII; |
| --- | --- |

Title VII;

| | Title VIII (to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement); |
| --- | --- |

Title VIII (to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement);

| | Title IX (with the exception of Article 281(7), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement in accordance with this Article); |
| --- | --- |

Title IX (with the exception of Article 281(7), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement in accordance with this Article);

| | Annexes I to VII as well as the Protocol on Mutual Administrative Assistance in Customs Matters. |
| --- | --- |

Annexes I to VII as well as the Protocol on Mutual Administrative Assistance in Customs Matters.

---

(1)  
  OJ L 29, 4.2.2016, p. 1.

1

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/2 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/2

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Information concerning the entry into force of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union

The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union (1), for which the instruments of approval had been deposited on 23 July 2014 and 23 March 2016 respectively, has, in accordance with Article 4(2) thereof, entered into force on 1 April 2016.

1

---

(1)  
  OJ L 373, 31.12.2014, p. 3.

1

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REGULATIONS

| 30.4.2016 | EN | Official Journal of the European Union | L 116/3 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/3

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/672

of 29 April 2016

approving peracetic acid as an existing active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes peracetic acid. |
| --- | --- |

(1)

Commission Delegated Regulation (EU) No 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. That list includes peracetic acid.

| (2) | Peracetic acid has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in product-type 1, human hygiene biocidal products, product-type 2, private area and public health area disinfectants and other biocidal products, product-type 3, veterinary hygiene biocidal products, product-type 4, food and feed area disinfectants, product-type 5, drinking water disinfectants, and product-type 6, in-can preservatives, as defined in Annex V to that Directive, which correspond respectively to product-types 1, 2, 3, 4, 5 and 6 as defined in Annex V to Regulation (EU) No 528/2012. |
| --- | --- |

(2)

Peracetic acid has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in product-type 1, human hygiene biocidal products, product-type 2, private area and public health area disinfectants and other biocidal products, product-type 3, veterinary hygiene biocidal products, product-type 4, food and feed area disinfectants, product-type 5, drinking water disinfectants, and product-type 6, in-can preservatives, as defined in Annex V to that Directive, which correspond respectively to product-types 1, 2, 3, 4, 5 and 6 as defined in Annex V to Regulation (EU) No 528/2012.

| (3) | Finland was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 16 January 2013. |
| --- | --- |

(3)

Finland was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 16 January 2013.

| (4) | In accordance with Article 7(1)(b) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 30 September 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority. |
| --- | --- |

(4)

In accordance with Article 7(1)(b) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 30 September 2015 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

| (5) | According to those opinions, biocidal products used for product-types 1, 2, 3, 4, 5 and 6 and containing peracetic acid may be expected to satisfy the requirements of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain conditions concerning its use are complied with. |
| --- | --- |

(5)

According to those opinions, biocidal products used for product-types 1, 2, 3, 4, 5 and 6 and containing peracetic acid may be expected to satisfy the requirements of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain conditions concerning its use are complied with.

| (6) | It is therefore appropriate to approve peracetic acid for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 subject to compliance with certain specifications and conditions. |
| --- | --- |

(6)

It is therefore appropriate to approve peracetic acid for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6 subject to compliance with certain specifications and conditions.

| (7) | For the use in product-type 4, the evaluation did not address the incorporation of biocidal products containing peracetic acid in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of that Regulation. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary. |
| --- | --- |

(7)

For the use in product-type 4, the evaluation did not address the incorporation of biocidal products containing peracetic acid in materials and articles intended to come into contact directly or indirectly with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4). Such materials may require the establishment of specific limits on the migration into food, as referred to in Article 5(1)(e) of that Regulation. The approval should therefore not cover such use unless the Commission has established such limits or it has been established pursuant to that Regulation that such limits are not necessary.

| (8) | Peracetic acid is in an aqueous solution containing acetic acid and hydrogen peroxide. Due to the presence of hydrogen peroxide, which can be used in the production of explosive precursors, Regulation (EU) No 98/2013 of the European Parliament and of the Council (5) should continue to apply to hydrogen peroxide. |
| --- | --- |

(8)

Peracetic acid is in an aqueous solution containing acetic acid and hydrogen peroxide. Due to the presence of hydrogen peroxide, which can be used in the production of explosive precursors, Regulation (EU) No 98/2013 of the European Parliament and of the Council (5) should continue to apply to hydrogen peroxide.

| (9) | A reasonable period should be allowed to elapse before an active substance is approved, in order to permit interested parties to take the preparatory measures necessary to meet the new requirements. |
| --- | --- |

(9)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit interested parties to take the preparatory measures necessary to meet the new requirements.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Peracetic acid is approved as an active substance for use in biocidal products for product-types 1, 2, 3, 4, 5 and 6, subject to the specifications and conditions set out in the Annex.

Article 2

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

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

Done at Brussels, 29 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

2

(3)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

3

(4)  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

4

(5)  Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1).

5

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ANNEX

| Common Name | IUPAC Name
  Identification Numbers | Minimum degree of purity of the active substance (1) | Date of approval | Expiry date of approval | Product type | Specific conditions |
| --- | --- | --- | --- | --- | --- | --- |
| Peracetic acid | IUPAC Name:
  Peroxyethanoic acid
  EC No: 201-186-8
  CAS No: 79-21-0 | The specification is based on the starting materials hydrogen peroxide and acetic acid which are used to manufacture peracetic acid.
  Peracetic acid in an aqueous solution containing acetic acid and hydrogen peroxide. | 1 October 2017 | 30 September 2027 | 1 | The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.
  The authorisations of biocidal products are subject to the following conditions:






  (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |

Common Name

IUPAC Name

Identification Numbers

Minimum degree of purity of the active substance (1)

Date of approval

Expiry date of approval

Product type

Specific conditions

Peracetic acid

IUPAC Name:

Peroxyethanoic acid

EC No: 201-186-8

CAS No: 79-21-0

The specification is based on the starting materials hydrogen peroxide and acetic acid which are used to manufacture peracetic acid.

Peracetic acid in an aqueous solution containing acetic acid and hydrogen peroxide.

1 October 2017

30 September 2027

1

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established.

2

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

| (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |
| --- | --- |

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

| (3) | In view of the risks identified for the surface water, products for waste water disinfection shall not be authorised, unless it can be demonstrated that risks can be reduced to an acceptable level. |
| --- | --- |

(3)

In view of the risks identified for the surface water, products for waste water disinfection shall not be authorised, unless it can be demonstrated that risks can be reduced to an acceptable level.

3

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

| (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |
| --- | --- |

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

4

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

| (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |
| --- | --- |

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

| (3) | Products shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of peracetic acid into food or it has been established pursuant to that Regulation that such limits are not necessary. |
| --- | --- |

(3)

Products shall not be incorporated in materials and articles intended to come into contact with food within the meaning of Article 1(1) of Regulation (EC) No 1935/2004, unless the Commission has established specific limits on the migration of peracetic acid into food or it has been established pursuant to that Regulation that such limits are not necessary.

5

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

| (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |
| --- | --- |

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

6

The product assessment shall pay particular attention to the exposures, the risks and the efficacy linked to any uses covered by an application for authorisation, but not addressed in the Union level risk assessment of the active substance.

The authorisations of biocidal products are subject to the following conditions:

| (1) | Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013. |
| --- | --- |

(1)

Due to the presence of hydrogen peroxide, authorisations of biocidal products shall be without prejudice to Regulation (EU) No 98/2013.

| (2) | For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means. |
| --- | --- |

(2)

For professional users, safe operational procedures and appropriate organisational measures shall be established. Products shall be used with appropriate personal protective equipment where exposure cannot be reduced to an acceptable level by other means.

---

(1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 89(1) of Regulation (EU) No 528/2012. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated active substance.

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| 30.4.2016 | EN | Official Journal of the European Union | L 116/8 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/8

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/673

of 29 April 2016

amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 13(3), Article 16(1) and (3)(a) and Articles 19(3), 20(3), 21(2), 22(1) and 38(a), thereof,

Whereas:

| (1) | Seaweeds and other algae are covered by Chapter 12 of the Brussels nomenclature, which is listed in Annex I to the Treaty. Seaweeds and other algae are therefore agricultural products falling within point (a) of the first subparagraph of Article 1(2) of Regulation (EC) No 834/2007. Since ‘other algae’ includes ‘micro-algae’, micro-algae are covered by the scope of Regulation (EC) No 834/2007. |
| --- | --- |

(1)

Seaweeds and other algae are covered by Chapter 12 of the Brussels nomenclature, which is listed in Annex I to the Treaty. Seaweeds and other algae are therefore agricultural products falling within point (a) of the first subparagraph of Article 1(2) of Regulation (EC) No 834/2007. Since ‘other algae’ includes ‘micro-algae’, micro-algae are covered by the scope of Regulation (EC) No 834/2007.

| (2) | As in Commission Regulation (EC) No 889/2008 (2) no detailed production rules have been laid down until now for micro-algae used as food and questions arose as regards which production rules operators have to respect when growing micro-algae for use as food, there is a need to clarify the situation and lay down detailed production rules for such products. |
| --- | --- |

(2)

As in Commission Regulation (EC) No 889/2008 (2) no detailed production rules have been laid down until now for micro-algae used as food and questions arose as regards which production rules operators have to respect when growing micro-algae for use as food, there is a need to clarify the situation and lay down detailed production rules for such products.

| (3) | The production of micro-algae resembles that of seaweed in many aspects, even though it does not take place in the sea. Moreover, when they are further used as feed for aquaculture animals, micro-algae, like multi-cellular marine algae and phytoplankton, are already subject to the detailed production rules for the collection and farming of seaweed on the basis of Article 6a of Regulation (EC) No 889/2008. Therefore, it is appropriate to clarify that the detailed production rules for seaweed should also apply to the production of micro-algae for further use as food. |
| --- | --- |

(3)

The production of micro-algae resembles that of seaweed in many aspects, even though it does not take place in the sea. Moreover, when they are further used as feed for aquaculture animals, micro-algae, like multi-cellular marine algae and phytoplankton, are already subject to the detailed production rules for the collection and farming of seaweed on the basis of Article 6a of Regulation (EC) No 889/2008. Therefore, it is appropriate to clarify that the detailed production rules for seaweed should also apply to the production of micro-algae for further use as food.

| (4) | The transitional measures for the use of non-organic juveniles and of seed from non-organic bivalve shellfish hatcheries in organic production provided for in Article 25e(3) and in the third subparagraph of Article 25o(1) of Regulation (EC) No 889/2008 ends on 31 December 2015, implying that after that date all juveniles and all shellfish seed used in organic production have to be organic. Since it appeared that organic juveniles and organic shellfish seed are not available in sufficient quantities, that date should be postponed with 1 year to give time to operators to develop organic juveniles and organic shellfish seed in sufficient quantities. |
| --- | --- |

(4)

The transitional measures for the use of non-organic juveniles and of seed from non-organic bivalve shellfish hatcheries in organic production provided for in Article 25e(3) and in the third subparagraph of Article 25o(1) of Regulation (EC) No 889/2008 ends on 31 December 2015, implying that after that date all juveniles and all shellfish seed used in organic production have to be organic. Since it appeared that organic juveniles and organic shellfish seed are not available in sufficient quantities, that date should be postponed with 1 year to give time to operators to develop organic juveniles and organic shellfish seed in sufficient quantities.

| (5) | In accordance with Article 29d(4) of Regulation (EC) No 889/2008 the Commission is to re-examine the use of certain oenological practices, processes and treatments before 1 August 2015 with a view to phase out or to further restrict those practices. |
| --- | --- |

(5)

In accordance with Article 29d(4) of Regulation (EC) No 889/2008 the Commission is to re-examine the use of certain oenological practices, processes and treatments before 1 August 2015 with a view to phase out or to further restrict those practices.

| (6) | The Commission requested the Expert group for technical advice on organic production (‘EGTOP’) to evaluate the effect of those oenological practices, processes and treatments on certain essential characteristics of organic wine and whether alternative techniques are available to replace them. EGTOP recommended (3) to continue allowing their use in organic wine production due to the lack of viable alternatives at present. It also recommended reassessing those techniques after a certain period with the same purpose as today, that is to phase them out or further restrict them. Therefore, the deadline of 1 August 2015 should be extended with 3 years. |
| --- | --- |

(6)

The Commission requested the Expert group for technical advice on organic production (‘EGTOP’) to evaluate the effect of those oenological practices, processes and treatments on certain essential characteristics of organic wine and whether alternative techniques are available to replace them. EGTOP recommended (3) to continue allowing their use in organic wine production due to the lack of viable alternatives at present. It also recommended reassessing those techniques after a certain period with the same purpose as today, that is to phase them out or further restrict them. Therefore, the deadline of 1 August 2015 should be extended with 3 years.

| (7) | Competent authorities have the possibility to authorise exceptions from the production rules for animals on a temporary basis where specific circumstances would prevent operators from continuing or recommencing organic production. In particular, in case of high mortality of animals caused by health or catastrophic circumstances, they can allow that a herd or a flock is reconstituted or renewed with non-organic animals, when organically reared animals are not available. It should be clarified that in such case the respective conversion period still needs to be respected in relation to the non-organic animals introduced in the herd or the flock. |
| --- | --- |

(7)

Competent authorities have the possibility to authorise exceptions from the production rules for animals on a temporary basis where specific circumstances would prevent operators from continuing or recommencing organic production. In particular, in case of high mortality of animals caused by health or catastrophic circumstances, they can allow that a herd or a flock is reconstituted or renewed with non-organic animals, when organically reared animals are not available. It should be clarified that in such case the respective conversion period still needs to be respected in relation to the non-organic animals introduced in the herd or the flock.

| (8) | In addition, since the possibilities to use non-organic juveniles in organic production have been limited in recent years, it is appropriate to provide for similar exceptional production rules in case of high mortality for aquaculture animals. |
| --- | --- |

(8)

In addition, since the possibilities to use non-organic juveniles in organic production have been limited in recent years, it is appropriate to provide for similar exceptional production rules in case of high mortality for aquaculture animals.

| (9) | Annex II to Regulation (EC) No 889/2008 lists the products that are authorised for use in organic production in accordance with Article 12(1)(h) and Article 16(1)(a) of Regulation (EC) No 834/2007. Those products have been classified into 7 groups on the basis of different criteria, such as the use or the origin. It is useful to simplify the presentation and to use only the criteria of origin for the classification. |
| --- | --- |

(9)

Annex II to Regulation (EC) No 889/2008 lists the products that are authorised for use in organic production in accordance with Article 12(1)(h) and Article 16(1)(a) of Regulation (EC) No 834/2007. Those products have been classified into 7 groups on the basis of different criteria, such as the use or the origin. It is useful to simplify the presentation and to use only the criteria of origin for the classification.

| (10) | The right column of the table in Annex II to Regulation (EC) No 889/2008 specifies the description, compositional requirement and conditions for use of the products listed in that Annex, which include micro-organisms and substances. The conditions for use of those products in organic production, and in particular the corresponding use category (such as insecticide, acaricide or fungicide) must, however, comply with the conditions for use for active substances as set out in the Annex to Commission Implementing Regulation (EU) No 540/2011 (4) for farming in general. If the use is restricted by that Regulation for farming in general, the authorisations for use are also restricted for organic production. In addition, experience has shown that the conditions for use of the products listed in Annex II to Regulation (EC) No 889/2008 are very often the same in organic agriculture as in conventional agriculture and that restrictions of use are limited. |
| --- | --- |

(10)

The right column of the table in Annex II to Regulation (EC) No 889/2008 specifies the description, compositional requirement and conditions for use of the products listed in that Annex, which include micro-organisms and substances. The conditions for use of those products in organic production, and in particular the corresponding use category (such as insecticide, acaricide or fungicide) must, however, comply with the conditions for use for active substances as set out in the Annex to Commission Implementing Regulation (EU) No 540/2011 (4) for farming in general. If the use is restricted by that Regulation for farming in general, the authorisations for use are also restricted for organic production. In addition, experience has shown that the conditions for use of the products listed in Annex II to Regulation (EC) No 889/2008 are very often the same in organic agriculture as in conventional agriculture and that restrictions of use are limited.

| (11) | The system should therefore be simplified to avoid that Annex II to Regulation (EC) No 889/2008 lists uses that are not approved anymore under Implementing Regulation (EU) No 540/2011. At the same time, it should be indicated that all uses that are approved for farming in general by Implementing Regulation (EU) No 540/2011 are automatically authorised for use in organic production, except where it is specifically indicated that more restrictive conditions apply to certain uses. |
| --- | --- |

(11)

The system should therefore be simplified to avoid that Annex II to Regulation (EC) No 889/2008 lists uses that are not approved anymore under Implementing Regulation (EU) No 540/2011. At the same time, it should be indicated that all uses that are approved for farming in general by Implementing Regulation (EU) No 540/2011 are automatically authorised for use in organic production, except where it is specifically indicated that more restrictive conditions apply to certain uses.

| (12) | In accordance with the procedure provided for in Article 16(3) of Regulation (EC) No 834/2007, Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annex II to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission. |
| --- | --- |

(12)

In accordance with the procedure provided for in Article 16(3) of Regulation (EC) No 834/2007, Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annex II to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission.

| (13) | In its recommendations (5), EGTOP concluded, inter alia, that the substances carbon dioxide, kieselgur (diatomaceous earth), fatty acids and potassium bicarbonate comply with the organic objectives and principles. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008. In addition, in order to align the names of active substances with Implementing Regulation (EU) No 540/2011, it is appropriate to change the name of fatty acid potassium salt (soft soap) into fatty acids. |
| --- | --- |

(13)

In its recommendations (5), EGTOP concluded, inter alia, that the substances carbon dioxide, kieselgur (diatomaceous earth), fatty acids and potassium bicarbonate comply with the organic objectives and principles. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008. In addition, in order to align the names of active substances with Implementing Regulation (EU) No 540/2011, it is appropriate to change the name of fatty acid potassium salt (soft soap) into fatty acids.

| (14) | According to Article 23 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (6) basic substances are substances which are useful in plant protection, but are not predominantly used for this purpose. Many of them have traditionally been used in organic farming before even being classified as basic substances. Among those, there are numerous foodstuffs of plant or animal origin. It is appropriate to authorise the use of those basic substances in organic farming and therefore include them in Annex II to Regulation (EC) No 889/2008 if they fulfil the two criteria of being covered by the definition of ‘foodstuff’ in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (7) and having plant or animal origin. |
| --- | --- |

(14)

According to Article 23 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (6) basic substances are substances which are useful in plant protection, but are not predominantly used for this purpose. Many of them have traditionally been used in organic farming before even being classified as basic substances. Among those, there are numerous foodstuffs of plant or animal origin. It is appropriate to authorise the use of those basic substances in organic farming and therefore include them in Annex II to Regulation (EC) No 889/2008 if they fulfil the two criteria of being covered by the definition of ‘foodstuff’ in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (7) and having plant or animal origin.

| (15) | Annex VI to Regulation (EC) No 889/2008 lists the feed additives that are authorised in organic products in accordance with Article 14(1)(d) and Article 16(1)(d) of Regulation (EC) No 834/2007. |
| --- | --- |

(15)

Annex VI to Regulation (EC) No 889/2008 lists the feed additives that are authorised in organic products in accordance with Article 14(1)(d) and Article 16(1)(d) of Regulation (EC) No 834/2007.

| (16) | To align to the approach taken in Regulation (EC) No 1831/2003 of the European Parliament and of the Council (8), the presentation of Annex VI should be modified. In particular, the left column of the table of Annex VI should be amended by indicating the specific ID number of the additives or the functional groups and the classification in the group of ‘technological additives’ and ‘nutritional additives’ should be aligned to the classification used in Regulation (EC) No 1831/2003. The name of the substances of the group of ‘zootechnical additives’ in Section 4 of Annex VI to Regulation (EC) No 889/2008 should also be aligned to the wording of Regulation (EC) No 1831/2003. |
| --- | --- |

(16)

To align to the approach taken in Regulation (EC) No 1831/2003 of the European Parliament and of the Council (8), the presentation of Annex VI should be modified. In particular, the left column of the table of Annex VI should be amended by indicating the specific ID number of the additives or the functional groups and the classification in the group of ‘technological additives’ and ‘nutritional additives’ should be aligned to the classification used in Regulation (EC) No 1831/2003. The name of the substances of the group of ‘zootechnical additives’ in Section 4 of Annex VI to Regulation (EC) No 889/2008 should also be aligned to the wording of Regulation (EC) No 1831/2003.

| (17) | In accordance with the procedure provided for in Article 16(3) of Regulation (EC) No 834/2007, Member States have submitted dossiers on certain feed additives to the other Member States and the Commission, in view of their authorisation and inclusion in Annex VI to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission. Based on the recommendations from EGTOP with regard to feed materials and feed additives (9), the use of the following substances which EGTOP has considered compatible with the organic principles and objectives should be authorised: selenised yeast, dicopper chloride trihydroxide (TBCC) and zinc chloride hydroxide monohydrate (TBZC). |
| --- | --- |

(17)

In accordance with the procedure provided for in Article 16(3) of Regulation (EC) No 834/2007, Member States have submitted dossiers on certain feed additives to the other Member States and the Commission, in view of their authorisation and inclusion in Annex VI to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission. Based on the recommendations from EGTOP with regard to feed materials and feed additives (9), the use of the following substances which EGTOP has considered compatible with the organic principles and objectives should be authorised: selenised yeast, dicopper chloride trihydroxide (TBCC) and zinc chloride hydroxide monohydrate (TBZC).

| (18) | In the light of the changes introduced by Commission Implementing Regulations (EU) No 131/2014 (10), (EU) 2015/861 (11) and (EU) 2015/1152 (12), it is necessary to substitute the substances ‘tocopherol-rich extracts of natural origin’, ‘E2 iodine’ and ‘E3 cobalt’, which do not exist anymore, by the new ones from the same category respectively. In addition, certain inaccuracies as regards the identification numbers of bentonite-montmorillonite and clinoptilolite in the functional group ‘(d) Binders, and anti-caking agents’ should be corrected. |
| --- | --- |

(18)

In the light of the changes introduced by Commission Implementing Regulations (EU) No 131/2014 (10), (EU) 2015/861 (11) and (EU) 2015/1152 (12), it is necessary to substitute the substances ‘tocopherol-rich extracts of natural origin’, ‘E2 iodine’ and ‘E3 cobalt’, which do not exist anymore, by the new ones from the same category respectively. In addition, certain inaccuracies as regards the identification numbers of bentonite-montmorillonite and clinoptilolite in the functional group ‘(d) Binders, and anti-caking agents’ should be corrected.

| (19) | Annex VIII to Regulation (EC) No 889/2008 lists certain substances that are authorised in the production of processed organic food, yeast and yeast products in accordance with Article 19(2)(b) and Article 21 of Regulation (EC) No 834/2007. |
| --- | --- |

(19)

Annex VIII to Regulation (EC) No 889/2008 lists certain substances that are authorised in the production of processed organic food, yeast and yeast products in accordance with Article 19(2)(b) and Article 21 of Regulation (EC) No 834/2007.

| (20) | To be coherent with Regulation (EC) No 1333/2008 of the European Parliament and of the Council (13), it is necessary to change the specific conditions of use of silicon dioxide gel or colloidal solution (E 551) and the specific purity criteria of bentonite. The existing authorisation of kaolin (E 559) should be withdrawn as under Regulation (EC) No 1333/2008 the use of that additive was authorised until 31 January 2014. |
| --- | --- |

(20)

To be coherent with Regulation (EC) No 1333/2008 of the European Parliament and of the Council (13), it is necessary to change the specific conditions of use of silicon dioxide gel or colloidal solution (E 551) and the specific purity criteria of bentonite. The existing authorisation of kaolin (E 559) should be withdrawn as under Regulation (EC) No 1333/2008 the use of that additive was authorised until 31 January 2014.

| (21) | In accordance with the procedure provided for in Article 21(2) of Regulation (EC) No 834/2007, Member States have submitted dossiers on food additives, processing aids and certain other substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annex VIII to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission. |
| --- | --- |

(21)

In accordance with the procedure provided for in Article 21(2) of Regulation (EC) No 834/2007, Member States have submitted dossiers on food additives, processing aids and certain other substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annex VIII to Regulation (EC) No 889/2008. Those dossiers have been examined by EGTOP and the Commission.

| (22) | Based on the recommendations from EGTOP with regard to food additives (14), the use of the following substances which EGTOP has considered compatible with the organic principles and objectives should be authorised: beeswax (E 901), carnauba wax (E 903), gellan gum (E 418) and erythritol (E 968). |
| --- | --- |

(22)

Based on the recommendations from EGTOP with regard to food additives (14), the use of the following substances which EGTOP has considered compatible with the organic principles and objectives should be authorised: beeswax (E 901), carnauba wax (E 903), gellan gum (E 418) and erythritol (E 968).

| (23) | In addition, the conditions for the use of the following additives should be amended following the recommendation of EGTOP: sulphur dioxide, potassium metabisulphite, tocopherol-rich extract, lecithins, citric acid, sodium citrate, tartaric acid, glycerol, sodium carbonate, silicon dioxide gel or colloidal solution and sodium hydroxide. Lecithin derived from organic raw material is available on the market, but appropriate qualities of such lecithin are needed for most of the uses in the organic food processing industry. The appropriate qualities for the organic food production are currently not available in sufficient quantities. Taking account of the temporary lack of the different qualities of the organic lecithin needed for the organic production of food, it should be provided that during a transitional period of 3 years lecithin not derived from organic raw material may be used in the production of organic food. |
| --- | --- |

(23)

In addition, the conditions for the use of the following additives should be amended following the recommendation of EGTOP: sulphur dioxide, potassium metabisulphite, tocopherol-rich extract, lecithins, citric acid, sodium citrate, tartaric acid, glycerol, sodium carbonate, silicon dioxide gel or colloidal solution and sodium hydroxide. Lecithin derived from organic raw material is available on the market, but appropriate qualities of such lecithin are needed for most of the uses in the organic food processing industry. The appropriate qualities for the organic food production are currently not available in sufficient quantities. Taking account of the temporary lack of the different qualities of the organic lecithin needed for the organic production of food, it should be provided that during a transitional period of 3 years lecithin not derived from organic raw material may be used in the production of organic food.

| (24) | Based on the recommendations from EGTOP regarding processing aids, acetic acid/vinegar, thiamin hydrochloride, diammonium phosphate, sodium carbonate and wood fibre should be authorised. As regards sodium carbonate, citric acid, sodium hydroxide, vegetable oils, bentonite, beeswax and carnauba wax, the specific conditions should be amended. |
| --- | --- |

(24)

Based on the recommendations from EGTOP regarding processing aids, acetic acid/vinegar, thiamin hydrochloride, diammonium phosphate, sodium carbonate and wood fibre should be authorised. As regards sodium carbonate, citric acid, sodium hydroxide, vegetable oils, bentonite, beeswax and carnauba wax, the specific conditions should be amended.

| (25) | For processing aids used in yeast production, it should be required that potato starch and vegetables oils be used only if derived from organic production, given that those processing aids are now available in their organic form in sufficient quantity and quality. |
| --- | --- |

(25)

For processing aids used in yeast production, it should be required that potato starch and vegetables oils be used only if derived from organic production, given that those processing aids are now available in their organic form in sufficient quantity and quality.

| (26) | Finally, in Annexes II, VI and VIII to Regulation (EC) No 889/2008 it is no longer relevant to refer to the Regulation under which the products or substances had been authorised. |
| --- | --- |

(26)

Finally, in Annexes II, VI and VIII to Regulation (EC) No 889/2008 it is no longer relevant to refer to the Regulation under which the products or substances had been authorised.

| (27) | Regulation (EC) No 889/2008 should therefore be amended accordingly. |
| --- | --- |

(27)

Regulation (EC) No 889/2008 should therefore be amended accordingly.

| (28) | To allow operators and control authorities and control bodies a reasonable time to adapt to the fact that the detailed production rules for seaweed also apply to the production of micro-algae for further use as food, the amendment of Article 6a of Regulation (EC) No 889/2008 should apply as from 12 months after the entry into force of this Regulation. |
| --- | --- |

(28)

To allow operators and control authorities and control bodies a reasonable time to adapt to the fact that the detailed production rules for seaweed also apply to the production of micro-algae for further use as food, the amendment of Article 6a of Regulation (EC) No 889/2008 should apply as from 12 months after the entry into force of this Regulation.

| (29) | In order to allow continuity and a prolongation of the possibility to use non-organic juveniles and seed from non-organic bivalve shellfish hatcheries, the amendment of Articles 25e(3) and 25o(1) of Regulation (EC) No 889/2008 should apply retroactively from 1 January 2016. |
| --- | --- |

(29)

In order to allow continuity and a prolongation of the possibility to use non-organic juveniles and seed from non-organic bivalve shellfish hatcheries, the amendment of Articles 25e(3) and 25o(1) of Regulation (EC) No 889/2008 should apply retroactively from 1 January 2016.

| (30) | In order to give the possibility to operators to adapt to the modifications introduced in respect of certain products and substances for use in the production of processed organic food, yeast and yeast products, the amendments to Annex VIII to Regulation (EC) No 889/2008 should apply as from 6 months after the entry into force of this Regulation. |
| --- | --- |

(30)

In order to give the possibility to operators to adapt to the modifications introduced in respect of certain products and substances for use in the production of processed organic food, yeast and yeast products, the amendments to Annex VIII to Regulation (EC) No 889/2008 should apply as from 6 months after the entry into force of this Regulation.

| (31) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on organic production, |
| --- | --- |

(31)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on organic production,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EC) No 889/2008

Regulation (EC) No 889/2008 is amended as follows:

| (1) | Article 6a is replaced by the following:

  ‘Article 6a
  Scope
  This Chapter lays down detailed production rules for seaweed.
  For the purposes of this Chapter “seaweed” includes multi-cellular marine algae, phytoplankton and micro-algae.’; |
| --- | --- |

(1)

Article 6a is replaced by the following:

‘Article 6a

Scope

This Chapter lays down detailed production rules for seaweed.

For the purposes of this Chapter “seaweed” includes multi-cellular marine algae, phytoplankton and micro-algae.’;

| (2) | in Article 25e, paragraph 3 is replaced by the following:

  ‘3.   The maximum percentage of non-organic aquaculture juveniles introduced to the farm shall be 80 % by 31 December 2011, 50 % by 31 December 2014 and 0 % by 31 December 2016.’; |
| --- | --- |

(2)

in Article 25e, paragraph 3 is replaced by the following:

‘3.   The maximum percentage of non-organic aquaculture juveniles introduced to the farm shall be 80 % by 31 December 2011, 50 % by 31 December 2014 and 0 % by 31 December 2016.’;

| (3) | in Article 25o(1), the third subparagraph is replaced by the following:
  ‘However, the maximum percentage of seed from non- organic bivalve shellfish hatcheries that may be introduced to the organic production units shall be 80 % by 31 December 2011, 50 % by 31 December 2014 and 0 % by 31 December 2016.’; |
| --- | --- |

(3)

in Article 25o(1), the third subparagraph is replaced by the following:

‘However, the maximum percentage of seed from non- organic bivalve shellfish hatcheries that may be introduced to the organic production units shall be 80 % by 31 December 2011, 50 % by 31 December 2014 and 0 % by 31 December 2016.’;

| (4) | in Article 29d(4), the date of ‘1 August 2015’ is replaced by ‘1 August 2018’; |
| --- | --- |

(4)

in Article 29d(4), the date of ‘1 August 2015’ is replaced by ‘1 August 2018’;

| (5) | in Article 47, the first subparagraph is amended as follows:






  (a) | point (a) is replaced by the following:






  ‘(a) | in the case of high mortality of animals caused by health or catastrophic circumstances, the renewal or reconstitution of the herd or flock with non-organic animals, when organically reared animals are not available and provided that the respective conversion period are applied to the non-organic animals;’; |
| --- | --- | --- | --- |

(5)

in Article 47, the first subparagraph is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

in the case of high mortality of animals caused by health or catastrophic circumstances, the renewal or reconstitution of the herd or flock with non-organic animals, when organically reared animals are not available and provided that the respective conversion period are applied to the non-organic animals;’;

| (b) | the following point (f) is added:






  ‘(f) | in the case of high mortality of aquaculture animals caused by circumstances listed in Article 57(1)(a) to (d) of Regulation (EU) No 508/2014 of the European Parliament and of the Council (*1), the renewal or reconstitution of the aquaculture stock with non-organic aquaculture animals, when organically reared animals are not available and provided that at least the latter two thirds of the duration of the production cycle are managed under organic management. |
| --- | --- | --- |

(b)

the following point (f) is added:

‘(f)

in the case of high mortality of aquaculture animals caused by circumstances listed in Article 57(1)(a) to (d) of Regulation (EU) No 508/2014 of the European Parliament and of the Council (*1

(*1)  Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).’;"

*1

| (6) | Annex II is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

(6)

Annex II is replaced by the text set out in Annex I to this Regulation;

| (7) | Annex VI is replaced by the text set out in Annex II to this Regulation; |
| --- | --- |

(7)

Annex VI is replaced by the text set out in Annex II to this Regulation;

| (8) | Annex VIII is amended in accordance with Annex III to this Regulation. |
| --- | --- |

(8)

Annex VIII is amended in accordance with Annex III to this Regulation.

Article 2

Entry into force and application

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

Official Journal of the European Union

The following points of Article 1 shall apply from the date indicated for them:

| (a) | point (1) shall apply from 7 May 2017; |
| --- | --- |

(a)

point (1) shall apply from 7 May 2017;

| (b) | points (2) and (3) shall apply from 1 January 2016; |
| --- | --- |

(b)

points (2) and (3) shall apply from 1 January 2016;

| (c) | point (8) shall apply from 7 November 2016. |
| --- | --- |

(c)

point (8) shall apply from 7 November 2016.

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

Done at Brussels, 29 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 189, 20.7.2007, p. 1.

1

(2)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

2

(3)  Final report:

3

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/

(4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

4

(5)  Final report:

5

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-on-ppp-ii_en.pdf

(6)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (OJ L 309, 24.11.2009, p. 1).

6

(7)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

7

(8)  Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29).

8

(9)  Final report:

9

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-feed-ii_en.pdf

(10)  Commission Implementing Regulation (EU) No 131/2014 of 11 February 2014 amending Implementing Regulation (EU) No 601/2013 concerning the authorisation of cobalt(II) acetate tetrahydrate, cobalt(II) carbonate, cobalt(II) carbonate hydroxide (2:3) monohydrate, cobalt(II) sulphate heptahydrate and coated granulated cobalt(II) carbonate hydroxide (2:3) monohydrate as feed additives (OJ L 41, 12.2.2014, p. 3).

10

(11)  Commission Implementing Regulation (EU) 2015/861 of 3 June 2015 concerning the authorisation of potassium iodide, calcium iodate anhydrous and coated granulated calcium iodate anhydrous as feed additives for all animal species (OJ L 137, 4.6.2015, p. 1).

11

(12)  Commission Implementing Regulation (EU) 2015/1152 of 14 July 2015 concerning the authorisation of tocopherol extracts from vegetable oils, tocopherol-rich extracts from vegetable oils (delta rich) and alpha-tocopherol as feed additives for all animal species (OJ L 187, 15.7.2015, p. 5).

12

(13)  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

13

(14)  Final reports:

14

| | http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/final_report_egtop_on_organic_food_en.pdf |
| --- | --- |

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/final_report_egtop_on_organic_food_en.pdf

| | http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-food-ii_en.pdf |
| --- | --- |

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-food-ii_en.pdf

| | http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-food-iii_en.pdf |
| --- | --- |

http://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports/egtop-final-report-food-iii_en.pdf

---

ANNEX I

‘ANNEX II

Pesticides — Products referred to in Article 5(1)

All the substances listed in this Annex have to comply at least with the conditions for use as specified in the Annex to Commission Implementing Regulation (EU) No 540/2011 (1). More restrictive conditions for use for organic production are specified in the second column of each table.

1.   Substances of plant or animal origin

| Name | Description, compositional requirement, conditions for use |
| --- | --- |
| Azadirachtin extracted from Azadirachta indica (Neem tree) | |
| Basic substances | Only those basic substances within the meaning of Article 23(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (2) that are covered by the definition of “foodstuff” in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) and have plant or animal origin.
  Substances not to be used as herbicides, but only for the control of pests and diseases. |
| Beeswax | Only as pruning agent/wound protectant. |
| Hydrolysed proteins excluding gelatine | |
| Laminarin | Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c. |
| Pheromones | Only in traps and dispensers. |
| Plant oils | All uses authorised, except herbicide. |
| Pyrethrins extracted from Chrysanthemum cinerariaefolium | |
| Pyrethroids (only deltamethrin or lambdacyhalothrin) | Only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied. |
| Quassia extracted from Quassia amara | Only as insecticide, repellent. |
| Repellents by smell of animal or plant origin/sheep fat | Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats. |

Name

Description, compositional requirement, conditions for use

Azadirachtin extracted from Azadirachta indica (Neem tree)

Basic substances

Only those basic substances within the meaning of Article 23(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (2) that are covered by the definition of “foodstuff” in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) and have plant or animal origin.

Substances not to be used as herbicides, but only for the control of pests and diseases.

Beeswax

Only as pruning agent/wound protectant.

Hydrolysed proteins excluding gelatine

Laminarin

Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c.

Pheromones

Only in traps and dispensers.

Plant oils

All uses authorised, except herbicide.

Pyrethrins extracted from Chrysanthemum cinerariaefolium

Pyrethroids (only deltamethrin or lambdacyhalothrin)

Only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied.

Quassia extracted from Quassia amara

Only as insecticide, repellent.

Repellents by smell of animal or plant origin/sheep fat

Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats.

2.   Micro-organisms or substances produced by micro-organisms

| Name | Description, compositional requirement, conditions for use |
| --- | --- |
| Micro-organisms | Not from GMO origin. |
| Spinosad | |

Name

Description, compositional requirement, conditions for use

Micro-organisms

Not from GMO origin.

Spinosad

3.   Substances other than those mentioned in Sections 1 and 2

| Name | Description, compositional requirement, conditions or restrictions to use |
| --- | --- |
| Aluminium silicate (Kaolin) | |
| Calcium hydroxide | When used as fungicide, only in fruit trees, including nurseries, to control Nectria galligena. |
| Carbon dioxide | |
| Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate | Up to 6 kg copper per ha per year.
  For perennial crops, by way of derogation from the first paragraph, Member States may provide that the 6 kg copper limit can be exceeded in a given year provided that the average quantity actually used over a 5-year period consisting of that year and of the 4 preceding years does not exceed 6 kg. |
| Ethylene | |
| Fatty acids | All uses authorised, except herbicide. |
| Ferric phosphate (iron (III) orthophosphate) | Preparations to be surface-spread between cultivated plants.’ |
| Kieselgur (diatomaceous earth) | |
| Lime sulphur (calcium polysulphide) | |
| Paraffin oil | |
| Potassium hydrogen carbonate (aka potassium bicarbonate) | |
| Quartz sand | |
| Sulphur | |

Name

Description, compositional requirement, conditions or restrictions to use

Aluminium silicate (Kaolin)

Calcium hydroxide

When used as fungicide, only in fruit trees, including nurseries, to control Nectria galligena.

Carbon dioxide

Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate

Up to 6 kg copper per ha per year.

For perennial crops, by way of derogation from the first paragraph, Member States may provide that the 6 kg copper limit can be exceeded in a given year provided that the average quantity actually used over a 5-year period consisting of that year and of the 4 preceding years does not exceed 6 kg.

Ethylene

Fatty acids

All uses authorised, except herbicide.

Ferric phosphate (iron (III) orthophosphate)

Preparations to be surface-spread between cultivated plants.’

Kieselgur (diatomaceous earth)

Lime sulphur (calcium polysulphide)

Paraffin oil

Potassium hydrogen carbonate (aka potassium bicarbonate)

Quartz sand

Sulphur

---

(1)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

1

(2)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (OJ L 309, 24.11.2009, p. 1).

2

(3)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

3

---

ANNEX II

‘ANNEX VI

Feed additives used in animal nutrition referred to in Article 22(g), Article 24(2) and Article 25m(2)

Feed additives listed in this Annex must be authorised under Regulation (EC) No 1831/2003 of the European Parliament and of the Council (1).

1.   TECHNOLOGICAL ADDITIVES

(a)   Preservatives

| ID numbers or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| | E 200 | Sorbic acid | |
| | E 236 | Formic acid | |
| | E 237 | Sodium formate | |
| | E 260 | Acetic acid | |
| | E 270 | Lactic acid | |
| | E 280 | Propionic acid | |
| | E 330 | Citric acid | |

ID numbers or Functional groups

Substance

Description, conditions for use

E 200

Sorbic acid

E 236

Formic acid

E 237

Sodium formate

E 260

Acetic acid

E 270

Lactic acid

E 280

Propionic acid

E 330

Citric acid

(b)   Antioxidants

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| | 1b306(i) | Tocopherol extracts from vegetable oils | |
| | 1b306(ii) | Tocopherol-rich extracts from vegetable oils (delta rich) | |

ID number or Functional groups

Substance

Description, conditions for use

1b306(i)

Tocopherol extracts from vegetable oils

1b306(ii)

Tocopherol-rich extracts from vegetable oils (delta rich)

(c)   Emulsifiers, stabilisers, thickeners and gelling agents

| ID numbers or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| | E 322 | Lecithins | Only when derived from organic raw material.
  Use restricted to aquaculture animal feed. |

ID numbers or Functional groups

Substance

Description, conditions for use

E 322

Lecithins

Only when derived from organic raw material.

Use restricted to aquaculture animal feed.

(d)   Binders and anti-caking agents

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| | E 535 | Sodium ferrocyanide | Maximum dose rate of 20 mg/kg NaCl calculated as ferrocyanide anion. |
| | E 551b | Colloidal silica | |
| | E 551c | Kieselgur (diatomaceous earth, purified) | |
| | 1m558i | Bentonite | |
| | E 559 | Kaolinitic clays, free of asbestos | |
| | E 560 | Natural mixtures of stearites and chlorite | |
| | E 561 | Vermiculite | |
| | E 562 | Sepiolite | |
| | E 566 | Natrolite-Phonolite | |
| | 1g568 | Clinoptilolite of sedimentary origin | |
| | E 599 | Perlite | |

ID number or Functional groups

Substance

Description, conditions for use

E 535

Sodium ferrocyanide

Maximum dose rate of 20 mg/kg NaCl calculated as ferrocyanide anion.

E 551b

Colloidal silica

E 551c

Kieselgur (diatomaceous earth, purified)

1m558i

Bentonite

E 559

Kaolinitic clays, free of asbestos

E 560

Natural mixtures of stearites and chlorite

E 561

Vermiculite

E 562

Sepiolite

E 566

Natrolite-Phonolite

1g568

Clinoptilolite of sedimentary origin

E 599

Perlite

(e)   Silage additives

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| 1k | Enzymes and micro-organisms | Use restricted to production of silage when weather conditions do not allow for adequate fermentation. |

ID number or Functional groups

Substance

Description, conditions for use

1k

Enzymes and micro-organisms

Use restricted to production of silage when weather conditions do not allow for adequate fermentation.

2.   SENSORY ADDITIVES

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| 2b | Flavouring compounds | Only extracts from agricultural products. |

ID number or Functional groups

Substance

Description, conditions for use

2b

Flavouring compounds

Only extracts from agricultural products.

3.   NUTRITIONAL ADDITIVES

(a)   Vitamins, pro-vitamins and chemically well-defined substances having similar effect

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| 3a | Vitamins and provitamins | — | Derived from agricultural products. |

ID number or Functional groups

Substance

Description, conditions for use

3a

Vitamins and provitamins

—

Derived from agricultural products.

| — | If derived synthetically, only those identical to vitamins derived from agricultural products may be used for monogastric animals and aquaculture animals. |
| --- | --- |

—

If derived synthetically, only those identical to vitamins derived from agricultural products may be used for monogastric animals and aquaculture animals.

| — | If derived synthetically, only vitamins A, D and E identical to vitamins derived from agricultural products may be used for ruminants; the use is subject to prior authorisation of the Member States based on the assessment of the possibility for organic ruminants to obtain the necessary quantities of the said vitamins through their feed rations. |
| --- | --- |

—

If derived synthetically, only vitamins A, D and E identical to vitamins derived from agricultural products may be used for ruminants; the use is subject to prior authorisation of the Member States based on the assessment of the possibility for organic ruminants to obtain the necessary quantities of the said vitamins through their feed rations.

(b)   Compounds of trace elements

| ID numbers or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| | E1 Iron | Ferric oxide
  Ferrous carbonate
  Ferrous sulphate, heptahydrate
  Ferrous sulphate, monohydrate | |
| | 3b201 | Potassium iodide | |
| 3b202 | Calcium iodate, anhydrous |
| 3b203 | Coated granulated calcium iodate anhydrous |
| | 3b301 | Cobalt(II) acetate tetrahydrate | |
| 3b302 | Cobalt(II) carbonate |
| 3b303 | Cobalt(II) carbonate hydroxide (2:3) monohydrate |
| 3b304 | Coated granulated cobalt(II) carbonate |
| 3b305 | Cobalt(II) sulphate heptahydrate |
| | E4 Copper | Basic cupric carbonate, monohydrate
  Cupric oxide
  Cupric sulphate, pentahydrate | |
| 3b409 | Dicopper chloride trihydroxide (TBCC) |
| | E5 Manganese | Manganous oxide
  Manganous sulfate, monohydrate
  Manganous carbonate | |
| | E6 Zinc | Zinc oxide
  Zinc sulphate monohydrate
  Zinc sulphate heptahydrate | |
| 3b609 | Zinc chloride hydroxide monohydrate (TBZC) |
| | E7 Molybdenum | Sodium molybdate | |
| | E8 Selenium | Sodium selenite
  Sodium selenate | |
| 3b8.10, 3b8.11, 3b8.12, 3b813 and 3b817 | Selenised yeast inactivated |

ID numbers or Functional groups

Substance

Description, conditions for use

E1 Iron

Ferric oxide

Ferrous carbonate

Ferrous sulphate, heptahydrate

Ferrous sulphate, monohydrate

3b201

Potassium iodide

3b202

Calcium iodate, anhydrous

3b203

Coated granulated calcium iodate anhydrous

3b301

Cobalt(II) acetate tetrahydrate

3b302

Cobalt(II) carbonate

3b303

Cobalt(II) carbonate hydroxide (2:3) monohydrate

3b304

Coated granulated cobalt(II) carbonate

3b305

Cobalt(II) sulphate heptahydrate

E4 Copper

Basic cupric carbonate, monohydrate

Cupric oxide

Cupric sulphate, pentahydrate

3b409

Dicopper chloride trihydroxide (TBCC)

E5 Manganese

Manganous oxide

Manganous sulfate, monohydrate

Manganous carbonate

E6 Zinc

Zinc oxide

Zinc sulphate monohydrate

Zinc sulphate heptahydrate

3b609

Zinc chloride hydroxide monohydrate (TBZC)

E7 Molybdenum

Sodium molybdate

E8 Selenium

Sodium selenite

Sodium selenate

3b8.10, 3b8.11, 3b8.12, 3b813 and 3b817

Selenised yeast inactivated

4.   ZOOTECHNICAL ADDITIVES

| ID number or Functional groups | Substance | Description, conditions for use |
| --- | --- | --- |
| 4a, 4b, 4c and 4d | Enzymes and microorganism in the category of “Zootechnical additives”’ | |

ID number or Functional groups

Substance

Description, conditions for use

4a, 4b, 4c and 4d

Enzymes and microorganism in the category of “Zootechnical additives”’

---

(1)  Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29).

1

---

ANNEX III

Annex VIII to Regulation (EC) No 889/2008 is amended as follows.

| (1) | The note above the title of Section A, the note below the title of Section B and the first column of the tables in Sections A and B with the heading ‘Authorisation’ are deleted. |
| --- | --- |

(1)

The note above the title of Section A, the note below the title of Section B and the first column of the tables in Sections A and B with the heading ‘Authorisation’ are deleted.

| (2) | Section A is amended as follows:






  (a) | the rows relating to sulphur dioxide, potassium metabisulphite, tocopherol-rich extract, lecithins, citric acid, sodium citrate, tartaric acid, glycerol, sodium carbonate, silicon dioxide, sodium hydroxide are replaced by the following rows:









  ‘E 220 | Sulphur dioxide | X | X (Only for mead) | In fruit wines (*1) and mead with and without added sugar):100 mg (*2) |
| --- | --- | --- | --- | --- | --- | --- |
| E 224 | Potassium metabisulphite | X | X (Only for mead) | In fruit wines (*1) and mead with and without added sugar):100 mg (*2). |
| E 306 (*1) | Tocopherol-rich extract | X | X | Anti-oxidant |
| E 322 (*1) | Lecithins | X | X | Milk products (2)
  Only when derived from organic raw material (*3) |
| E 330 | Citric acid | X | X | |
| E 331 | Sodium citrate | X | X | |
| E 334 | Tartaric acid (L(+)–) | X | X (Only for mead) | |
| E 422 | Glycerol | X | | From plant origin.
  For plant extracts and flavourings |
| E 500 | Sodium carbonate | X | X | |
| E 551 | Silicon dioxide gel or colloidal solution | X | X | For herbs and spices in dried powdered form
  Flavourings and propolis |
| E 524 | Sodium hydroxide | X | | Surface treatment of “Laugengebäck” and regulation of acidity in organic flavourings |

(2)

Section A is amended as follows:

(a)

the rows relating to sulphur dioxide, potassium metabisulphite, tocopherol-rich extract, lecithins, citric acid, sodium citrate, tartaric acid, glycerol, sodium carbonate, silicon dioxide, sodium hydroxide are replaced by the following rows:

‘E 220

Sulphur dioxide

X

X (Only for mead)

In fruit wines (*1) and mead with and without added sugar):100 mg (*2)

E 224

Potassium metabisulphite

X

X (Only for mead)

In fruit wines (*1) and mead with and without added sugar):100 mg (*2).

E 306 (*1)

Tocopherol-rich extract

X

X

Anti-oxidant

E 322 (*1)

Lecithins

X

X

Milk products (2)

Only when derived from organic raw material (*3)

E 330

Citric acid

X

X

E 331

Sodium citrate

X

X

E 334

Tartaric acid (L(+)–)

X

X (Only for mead)

E 422

Glycerol

X

From plant origin.

For plant extracts and flavourings

E 500

Sodium carbonate

X

X

E 551

Silicon dioxide gel or colloidal solution

X

X

For herbs and spices in dried powdered form

Flavourings and propolis

E 524

Sodium hydroxide

X

Surface treatment of “Laugengebäck” and regulation of acidity in organic flavourings

| (b) | the following rows are inserted in the order of the code numbers:









  ‘E 418 | Gellan gum | X | X | High-acyl form only |
| --- | --- | --- | --- | --- | --- |
| E 901 | Beeswax | X | | As a glazing agent for confectionary only.
  Beeswax from organic beekeeping |
| E 903 | Carnauba wax | X | | As a glazing agent for confectionary only.
  Only when derived from organic raw material’ |

(b)

the following rows are inserted in the order of the code numbers:

‘E 418

Gellan gum

X

X

High-acyl form only

E 901

Beeswax

X

As a glazing agent for confectionary only.

Beeswax from organic beekeeping

E 903

Carnauba wax

X

As a glazing agent for confectionary only.

Only when derived from organic raw material’

| (c) | the following row is added:









  ‘E 968 | Erythritol | X | X | Only when derived from organic production without using ion exchange technology’ |
| --- | --- | --- | --- | --- | --- |

(c)

the following row is added:

‘E 968

Erythritol

X

X

Only when derived from organic production without using ion exchange technology’

| (3) | Section B is amended as follows:






  (a) | the rows relating to sodium carbonate, citric acid, sodium hydroxide, vegetable oils, bentonite, beeswax and carnauba wax are replaced by the following rows:








  ‘Sodium carbonate | X | X | |
| --- | --- | --- | --- | --- | --- |
| Citric acid | X | X | |
| Sodium hydroxide | X | | For sugar(s) production.
  For oil production excluding olive oil production |
| Vegetable oils | X | X | Greasing, releasing or anti-foaming agent.
  Only when derived from organic production |
| Bentonite | X | X | Sticking agent for mead (1) |
| Beeswax | X | | Releasing agent.
  Beeswax from organic beekeeping |
| Carnauba wax | X | | Releasing agent.
  Only when derived from organic raw material’ |

(3)

Section B is amended as follows:

(a)

the rows relating to sodium carbonate, citric acid, sodium hydroxide, vegetable oils, bentonite, beeswax and carnauba wax are replaced by the following rows:

‘Sodium carbonate

X

X

Citric acid

X

X

Sodium hydroxide

X

For sugar(s) production.

For oil production excluding olive oil production

Vegetable oils

X

X

Greasing, releasing or anti-foaming agent.

Only when derived from organic production

Bentonite

X

X

Sticking agent for mead (1)

Beeswax

X

Releasing agent.

Beeswax from organic beekeeping

Carnauba wax

X

Releasing agent.

Only when derived from organic raw material’

| (b) | the row relating to kaolin is deleted; |
| --- | --- |

(b)

the row relating to kaolin is deleted;

| (c) | the following rows are added:








  ‘Acetic acid/vinegar | | X | Only when derived from organic production.
  For fish processing, only from biotechnological source, except if produced by or from GMO |
| --- | --- | --- | --- | --- |
| Thiamin hydrochloride | X | X | Only for use in processing of fruit wines, including cider and perry and mead |
| Diammonium phosphate | X | X | Only for use in processing of fruit wines, including cider and perry and mead |
| Wood fibre | X | X | The source of timber should be restricted to certified, sustainably harvested wood.
  Wood used must not contain toxic components (post-harvest treatment, naturally occurring toxins or toxins from micro-organisms)’ |

(c)

the following rows are added:

‘Acetic acid/vinegar

X

Only when derived from organic production.

For fish processing, only from biotechnological source, except if produced by or from GMO

Thiamin hydrochloride

X

X

Only for use in processing of fruit wines, including cider and perry and mead

Diammonium phosphate

X

X

Only for use in processing of fruit wines, including cider and perry and mead

Wood fibre

X

X

The source of timber should be restricted to certified, sustainably harvested wood.

Wood used must not contain toxic components (post-harvest treatment, naturally occurring toxins or toxins from micro-organisms)’

| (4) | In Section C, the rows relating to potato starch and vegetable oils are replaced by the following rows:








  ‘Potato starch | X | X | For filtering
  Only when derived from organic production |
| --- | --- | --- | --- | --- |
| Vegetable oils | X | X | Greasing, releasing or anti-foaming agent
  Only when derived from organic production’ |

(4)

In Section C, the rows relating to potato starch and vegetable oils are replaced by the following rows:

‘Potato starch

X

X

For filtering

Only when derived from organic production

Vegetable oils

X

X

Greasing, releasing or anti-foaming agent

Only when derived from organic production’

---

(*1)  In this context, “fruit wine” is defined as wine made from fruits other than grapes (including cider and perry).

(*2)  Maximum levels available from all sources, expressed as SO2 in mg/l.

(*3)  As from 1 January 2019.’

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/23 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/23

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/674

of 29 April 2016

amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on 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), and in particular Article 183(b) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 543/2011 (2) provides for the surveillance of imports of the products listed in Annex XVIII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 (3). |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 543/2011 (2) provides for the surveillance of imports of the products listed in Annex XVIII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 (3).

| (2) | For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2013, 2014 and 2015, the trigger levels for additional duties on certain fruit and vegetables should be amended with effect from 1 May 2016. |
| --- | --- |

(2)

For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2013, 2014 and 2015, the trigger levels for additional duties on certain fruit and vegetables should be amended with effect from 1 May 2016.

| (3) | Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly. For reasons of readability, Annex XVIII to that Regulation should be replaced in its entirety. |
| --- | --- |

(3)

Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly. For reasons of readability, Annex XVIII to that Regulation should be replaced in its entirety.

| (4) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XVIII to Implementing Regulation (EU) No 543/2011 is replaced by the text set out 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 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  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 (OJ L 157, 15.6.2011, p. 1).

2

(3)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

3

(4)  
  OJ L 336, 23.12.1994, p. 22.

4

---

ANNEX

‘ANNEX XVIII

ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2

Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they stand at the time of the adoption of this Regulation.

| Order number | CN code | Description | Period of application | Trigger level (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | 0702 00 00 | Tomatoes | From 1 October 2016 to 31 May 2017 | 459 296 |
| 78.0020 | From 1 June 2016 to 30 September 2016 | 33 923 |
| 78.0065 | 0707 00 05 | Cucumbers | From 1 May 2016 to 31 October 2016 | 20 972 |
| 78.0075 | From 1 November 2016 to 30 April 2017 | 15 253 |
| 78.0085 | 0709 91 00 | Artichokes | From 1 November 2015 to 30 June 2016 | 16 157 |
| 78.0100 | 0709 93 10 | Courgettes | From 1 January 2016 to 31 December 2016 | 258 846 |
| 78.0110 | 0805 10 20 | Oranges | From 1 December 2015 to 31 May 2016 | 713 508 |
| 78.0120 | 0805 20 10 | Clementines | From 1 November 2015 to end of February 2016 | 267 618 |
| 78.0130 | 0805 20 30
  0805 20 50
  0805 20 70
  0805 20 90 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November 2015 to end of February 2016 | 105 541 |
| 78.0155 | 0805 50 10 | Lemons | From 1 June 2016 to 31 December 2016 | 293 087 |
| 78.0160 | From 1 January 2016 to 31 May 2016 | 65 269 |
| 78.0170 | 0806 10 10 | Table grapes | From 21 July 2016 to 20 November 2016 | 70 580 |
| 78.0175 | 0808 10 80 | Apples | From 1 January 2016 to 31 August 2016 | 667 666 |
| 78.0180 | From 1 September 2016 to 31 December 2016 | 54 155 |
| 78.0220 | 0808 30 90 | Pears | From 1 January 2016 to 30 April 2016 | 170 513 |
| 78.0235 | From 1 July 2016 to 31 December 2016 | 118 018 |
| 78.0250 | 0809 10 00 | Apricots | From 1 June 2016 to 31 July 2016 | 4 939 |
| 78.0265 | 0809 29 00 | Cherries, other than sour | From 21 May 2016 to 10 August 2016 | 29 166 |
| 78.0270 | 0809 30 | Peaches, including nectarines | From 11 June 2016 to 30 September 2016 | 3 849 |
| 78.0280 | 0809 40 05 | Plums | From 11 June 2016 to 30 September 2016 | 18 155 ’ |

Order number

CN code

Description

Period of application

Trigger level (tonnes)

78.0015

0702 00 00

Tomatoes

From 1 October 2016 to 31 May 2017

459 296

78.0020

From 1 June 2016 to 30 September 2016

33 923

78.0065

0707 00 05

Cucumbers

From 1 May 2016 to 31 October 2016

20 972

78.0075

From 1 November 2016 to 30 April 2017

15 253

78.0085

0709 91 00

Artichokes

From 1 November 2015 to 30 June 2016

16 157

78.0100

0709 93 10

Courgettes

From 1 January 2016 to 31 December 2016

258 846

78.0110

0805 10 20

Oranges

From 1 December 2015 to 31 May 2016

713 508

78.0120

0805 20 10

Clementines

From 1 November 2015 to end of February 2016

267 618

78.0130

0805 20 30

0805 20 50

0805 20 70

0805 20 90

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

From 1 November 2015 to end of February 2016

105 541

78.0155

0805 50 10

Lemons

From 1 June 2016 to 31 December 2016

293 087

78.0160

From 1 January 2016 to 31 May 2016

65 269

78.0170

0806 10 10

Table grapes

From 21 July 2016 to 20 November 2016

70 580

78.0175

0808 10 80

Apples

From 1 January 2016 to 31 August 2016

667 666

78.0180

From 1 September 2016 to 31 December 2016

54 155

78.0220

0808 30 90

Pears

From 1 January 2016 to 30 April 2016

170 513

78.0235

From 1 July 2016 to 31 December 2016

118 018

78.0250

0809 10 00

Apricots

From 1 June 2016 to 31 July 2016

4 939

78.0265

0809 29 00

Cherries, other than sour

From 21 May 2016 to 10 August 2016

29 166

78.0270

0809 30

Peaches, including nectarines

From 11 June 2016 to 30 September 2016

3 849

78.0280

0809 40 05

Plums

From 11 June 2016 to 30 September 2016

18 155 ’

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/27 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/27

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/675

of 29 April 2016

amending Implementing Regulation (EU) 2015/1519 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 23(4) thereof,

Whereas:

A.   PROCEDURE

PROCEDURE

1.   Measures in force

Measures in force

| (1) | By Regulation (EC) No 598/2009 (2) the Council imposed a definitive countervailing duty on imports of biodiesel as defined in recital 10 below originating in the United States of America. |
| --- | --- |

(1)

By Regulation (EC) No 598/2009 (2) the Council imposed a definitive countervailing duty on imports of biodiesel as defined in recital 10 below originating in the United States of America.

2

| (2) | By Implementing Regulation (EU) No 443/2011 (3), following an anti-circumvention investigation, the Council extended the definitive countervailing duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘extended measures’). |
| --- | --- |

(2)

By Implementing Regulation (EU) No 443/2011 (3), following an anti-circumvention investigation, the Council extended the definitive countervailing duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘extended measures’).

3

| (3) | By Implementing Regulation (EU) No 391/2014 (4), following a partial interim review concerning the anti-subsidy measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Council terminated the partial interim review without amending the measures in force as extended. |
| --- | --- |

(3)

By Implementing Regulation (EU) No 391/2014 (4), following a partial interim review concerning the anti-subsidy measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Council terminated the partial interim review without amending the measures in force as extended.

4

| (4) | By Implementing Regulation (EU) 2015/1519 (5), following an expiry review pursuant to Article 18(2) of the basic Regulation, the European Commission (‘the Commission’) imposed definitive countervailing duty on imports of biodiesel originating in the United States of America (‘measures in force’). |
| --- | --- |

(4)

By Implementing Regulation (EU) 2015/1519 (5), following an expiry review pursuant to Article 18(2) of the basic Regulation, the European Commission (‘the Commission’) imposed definitive countervailing duty on imports of biodiesel originating in the United States of America (‘measures in force’).

5

B.   REQUEST FOR A REVIEW

REQUEST FOR A REVIEW

| (5) | The Commission received a request for a partial interim review (‘the review request’) pursuant to Article 19 and Article 23(6) of the basic Regulation. |
| --- | --- |

(5)

The Commission received a request for a partial interim review (‘the review request’) pursuant to Article 19 and Article 23(6) of the basic Regulation.

| (6) | The review request was lodged by DSM Nutritional Products Canada Inc. (‘the applicant’), an exporting producer from Canada, and was limited in scope to the possibility of obtaining an exemption from the extended measures. |
| --- | --- |

(6)

The review request was lodged by DSM Nutritional Products Canada Inc. (‘the applicant’), an exporting producer from Canada, and was limited in scope to the possibility of obtaining an exemption from the extended measures.

| (7) | In the review request the applicant claimed that it is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation mentioned in recital 2 leading to the imposition of the existing extended measures. |
| --- | --- |

(7)

In the review request the applicant claimed that it is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation mentioned in recital 2 leading to the imposition of the existing extended measures.

| (8) | Furthermore, the applicant alleged that it was not related to any exporting producers subject to the measures in force, and that it was not circumventing the measures in force. |
| --- | --- |

(8)

Furthermore, the applicant alleged that it was not related to any exporting producers subject to the measures in force, and that it was not circumventing the measures in force.

C.   INITIATION OF A PARTIAL INTERIM REVIEW

INITIATION OF A PARTIAL INTERIM REVIEW

| (9) | The Commission determined that the review request contained sufficient prima facie evidence to justify the initiation of a partial interim review pursuant to Article 19 and Article 23(6) of the basic Regulation. The Commission thus initiated on 19 May 2015 an investigation by a notice published in the Official Journal of the European Union (6) (‘the notice of initiation’). |
| --- | --- |

(9)

The Commission determined that the review request contained sufficient prima facie evidence to justify the initiation of a partial interim review pursuant to Article 19 and Article 23(6) of the basic Regulation. The Commission thus initiated on 19 May 2015 an investigation by a notice published in the Official Journal of the European Union (6) (‘the notice of initiation’).

prima facie

Official Journal of the European Union

6

D.   PRODUCT UNDER REVIEW

PRODUCT UNDER REVIEW

| (10) | The product under review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3826 00 10 and ex 3826 00 90 originating in the United States of America. |
| --- | --- |

(10)

The product under review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3826 00 10 and ex 3826 00 90 originating in the United States of America.

E.   INVESTIGATION PERIOD

INVESTIGATION PERIOD

| (11) | The reporting period for this investigation covered the period from 1 April 2014 to 31 March 2015 (‘reporting period’). Data was also collected from 1 April 2009 to the end of the reporting period. |
| --- | --- |

(11)

The reporting period for this investigation covered the period from 1 April 2014 to 31 March 2015 (‘reporting period’). Data was also collected from 1 April 2009 to the end of the reporting period.

F.   INTERESTED PARTIES

INTERESTED PARTIES

| (12) | The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested. |
| --- | --- |

(12)

The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested.

| (13) | The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada. |
| --- | --- |

(13)

The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada.

G.   FINDINGS OF THE INVESTIGATION

FINDINGS OF THE INVESTIGATION

| (14) | The applicant was founded in 1997 as a manufacturer of Omega 3 nutritional supplements. |
| --- | --- |

(14)

The applicant was founded in 1997 as a manufacturer of Omega 3 nutritional supplements.

| (15) | The investigation established that the applicant is a genuine producer of biodiesel, which is resulting as a by-product from its manufacturing process of Omega 3 fish oil concentrates, its core business. |
| --- | --- |

(15)

The investigation established that the applicant is a genuine producer of biodiesel, which is resulting as a by-product from its manufacturing process of Omega 3 fish oil concentrates, its core business.

| (16) | The investigation also confirmed that the applicant is not related to any producer of biodiesel located in the United States of America subject to measures. |
| --- | --- |

(16)

The investigation also confirmed that the applicant is not related to any producer of biodiesel located in the United States of America subject to measures.

| (17) | The investigation furthermore confirmed that the biodiesel exported to the Union market was indeed produced by the applicant. |
| --- | --- |

(17)

The investigation furthermore confirmed that the biodiesel exported to the Union market was indeed produced by the applicant.

| (18) | Moreover, the investigation did not reveal any evidence that the applicant purchased biodiesel from the United States of America, nor that it transhipped US manufactured biodiesel into the Union. |
| --- | --- |

(18)

Moreover, the investigation did not reveal any evidence that the applicant purchased biodiesel from the United States of America, nor that it transhipped US manufactured biodiesel into the Union.

| (19) | In view of the findings in recitals 14 to 18, the Commission established that the applicant is a genuine producer of the product under review, and that it therefore should be exempted from the extended measures. |
| --- | --- |

(19)

In view of the findings in recitals 14 to 18, the Commission established that the applicant is a genuine producer of the product under review, and that it therefore should be exempted from the extended measures.

| (20) | Interested parties were informed of the intention to grant the exemption to the applicant and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received. |
| --- | --- |

(20)

Interested parties were informed of the intention to grant the exemption to the applicant and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received.

| (21) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Council Regulation (EC) No 1225/2009 (7), |
| --- | --- |

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Council Regulation (EC) No 1225/2009 (7),

7

HAS ADOPTED THIS REGULATION:

Article 1

Article 2(1) of Implementing Regulation (EU) 2015/1519 is replaced by the following:

‘1.   The definitive countervailing duty applicable to “all other companies” as set out in Article 1, paragraph 2, is extended to imports into the Union of fatty-acid mono- alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as “biodiesel”, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro- treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling within CN codes ex 1516 20 98 (TARIC code 1516209821), ex 1518 00 91 (TARIC code 1518009121), ex 1518 00 99 (TARIC code 1518009921), ex 2710 19 43 (TARIC code 2710194321), ex 2710 19 46 (TARIC code 2710194621), ex 2710 19 47 (TARIC code 2710194721), ex 2710 20 11 (TARIC code 2710201121), ex 2710 20 15 (TARIC code 2710201521), ex 2710 20 17 (TARIC code 2710201721), ex 3824 90 92 (TARIC code 3824909210), ex 3826 00 10 (TARIC codes 3826001020, 3826001030, 3826001040, 3826001089) and ex 3826 00 90 (TARIC code 3826009011), with the exception of those produced by the companies listed below:

| Country | Company | TARIC additional code |
| --- | --- | --- |
| Canada | BIOX Corporation, Oakville, Ontario, Canada | B107 |
| DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada | C114 |
| Rothsay Biodiesel, Guelph, Ontario, Canada | B108 |

Country

Company

TARIC additional code

Canada

BIOX Corporation, Oakville, Ontario, Canada

B107

DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada

C114

Rothsay Biodiesel, Guelph, Ontario, Canada

B108

The duty to be extended shall be the one established for “All other companies” in Article 1(2) of Regulation (EC) No 598/2009, which is a definitive countervailing duty of EUR 237 per tonne net.

The countervailing duty on blends shall be applicable in proportion, in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).’

Article 2

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

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

Done at Brussels, 29 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 188, 18.7.2009, p. 93.

1

(2)  Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 1).

2

(3)  Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 1).

3

(4)  Council Implementing Regulation (EU) No 391/2014 of 14 April 2014 terminating the partial interim review concerning the anti-subsidy measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not (OJ L 115, 17.4.2014, p. 14).

4

(5)  Commission Implementing Regulation (EU) 2015/1519 of 14 September 2015 imposing a definitive countervailing duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009 (OJ L 239, 15.9.2015, p. 99).

5

(6)  Notice of initiation of a partial interim review of the countervailing measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not (OJ C 162, 19.5.2015, p. 9).

6

(7)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

7

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/31 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/31

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/676

of 29 April 2016

amending Implementing Regulation (EU) 2015/1518 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 11(3) and 13(4) thereof,

Whereas:

A.   PROCEDURE

PROCEDURE

1.   Measures in force

Measures in force

| (1) | By Regulation (EC) No 599/2009 (2) the Council imposed a definitive anti-dumping duty on imports of biodiesel as defined in recital 10 below originating in the United States of America. |
| --- | --- |

(1)

By Regulation (EC) No 599/2009 (2) the Council imposed a definitive anti-dumping duty on imports of biodiesel as defined in recital 10 below originating in the United States of America.

2

| (2) | By Implementing Regulation (EU) No 444/2011 (3), following an anti-circumvention investigation, the Council extended the definitive anti-dumping duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘extended measures’). |
| --- | --- |

(2)

By Implementing Regulation (EU) No 444/2011 (3), following an anti-circumvention investigation, the Council extended the definitive anti-dumping duty on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not (‘extended measures’).

3

| (3) | By Implementing Regulation (EU) No 392/2014 (4), following a partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Council terminated the partial interim review without amending the measures in force as extended. |
| --- | --- |

(3)

By Implementing Regulation (EU) No 392/2014 (4), following a partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Council terminated the partial interim review without amending the measures in force as extended.

4

| (4) | By Implementing Regulation (EU) 2015/1518 (5), following an expiry review pursuant to Article 11(2) of the basic Regulation, the European Commission (‘the Commission’) imposed definitive anti-dumping duty on imports of biodiesel originating in the United States of America (‘measures in force’). |
| --- | --- |

(4)

By Implementing Regulation (EU) 2015/1518 (5), following an expiry review pursuant to Article 11(2) of the basic Regulation, the European Commission (‘the Commission’) imposed definitive anti-dumping duty on imports of biodiesel originating in the United States of America (‘measures in force’).

5

B.   REQUEST FOR A REVIEW

REQUEST FOR A REVIEW

| (5) | The Commission received a request for a partial interim review (‘the review request’) pursuant to Articles 11(3) and 13(4) of the basic Regulation. |
| --- | --- |

(5)

The Commission received a request for a partial interim review (‘the review request’) pursuant to Articles 11(3) and 13(4) of the basic Regulation.

| (6) | The review request was lodged by DSM Nutritional Products Canada Inc. (‘the applicant’), an exporting producer from Canada, and was limited in scope to the possibility of obtaining an exemption from the extended measures. |
| --- | --- |

(6)

The review request was lodged by DSM Nutritional Products Canada Inc. (‘the applicant’), an exporting producer from Canada, and was limited in scope to the possibility of obtaining an exemption from the extended measures.

| (7) | In the review request the applicant claimed that it is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the extended measures. |
| --- | --- |

(7)

In the review request the applicant claimed that it is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the extended measures.

| (8) | Furthermore, the applicant alleged that it was not related to any exporting producers subject to the measures in force, and that it was not circumventing the measures in force. |
| --- | --- |

(8)

Furthermore, the applicant alleged that it was not related to any exporting producers subject to the measures in force, and that it was not circumventing the measures in force.

C.   INITIATION OF A PARTIAL INTERIM REVIEW

INITIATION OF A PARTIAL INTERIM REVIEW

| (9) | The Commission determined that the review request contained sufficient prima facie evidence to justify the initiation of a partial interim review pursuant to Articles 11(3) and 13(4) of the basic Regulation. The Commission thus initiated on 19 May 2015 an investigation by a notice published in the Official Journal of the European Union (6) (‘the notice of initiation’). |
| --- | --- |

(9)

The Commission determined that the review request contained sufficient prima facie evidence to justify the initiation of a partial interim review pursuant to Articles 11(3) and 13(4) of the basic Regulation. The Commission thus initiated on 19 May 2015 an investigation by a notice published in the Official Journal of the European Union (6) (‘the notice of initiation’).

prima facie

Official Journal of the European Union

6

D.   PRODUCT UNDER REVIEW

PRODUCT UNDER REVIEW

| (10) | The product under review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3826 00 10 and ex 3826 00 90 originating in the United States of America. |
| --- | --- |

(10)

The product under review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’, or ‘biodiesel’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 92, ex 3826 00 10 and ex 3826 00 90 originating in the United States of America.

E.   INVESTIGATION PERIOD

INVESTIGATION PERIOD

| (11) | The reporting period for this investigation covered the period from 1 April 2014 to 31 March 2015 (‘reporting period’). Data was also collected from 1 April 2009 to the end of the reporting period. |
| --- | --- |

(11)

The reporting period for this investigation covered the period from 1 April 2014 to 31 March 2015 (‘reporting period’). Data was also collected from 1 April 2009 to the end of the reporting period.

F.   INTERESTED PARTIES

INTERESTED PARTIES

| (12) | The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested. |
| --- | --- |

(12)

The Commission officially informed the applicant and the representatives of Canada about the initiation of the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. Only the applicant came forward. No hearing was requested.

| (13) | The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada. |
| --- | --- |

(13)

The Commission received the questionnaire reply submitted by the applicant, which was verified on the spot at the applicant's premises in Canada.

G.   FINDINGS OF THE INVESTIGATION

FINDINGS OF THE INVESTIGATION

| (14) | The applicant was founded in 1997 as a manufacturer of omega-3 nutritional supplements. |
| --- | --- |

(14)

The applicant was founded in 1997 as a manufacturer of omega-3 nutritional supplements.

| (15) | The investigation established that the applicant is a genuine producer of biodiesel, which is resulting as a by-product from its manufacturing process of omega-3 fish oil concentrates, its core business. |
| --- | --- |

(15)

The investigation established that the applicant is a genuine producer of biodiesel, which is resulting as a by-product from its manufacturing process of omega-3 fish oil concentrates, its core business.

| (16) | The investigation also confirmed that the applicant is not related to any producer of biodiesel located in the United States of America subject to measures in force. |
| --- | --- |

(16)

The investigation also confirmed that the applicant is not related to any producer of biodiesel located in the United States of America subject to measures in force.

| (17) | The investigation furthermore confirmed that the biodiesel exported to the Union market was indeed produced by the applicant. |
| --- | --- |

(17)

The investigation furthermore confirmed that the biodiesel exported to the Union market was indeed produced by the applicant.

| (18) | Moreover, the investigation did not reveal any evidence that the applicant purchased biodiesel from the United States of America, nor that it transhipped US-manufactured biodiesel into the Union. |
| --- | --- |

(18)

Moreover, the investigation did not reveal any evidence that the applicant purchased biodiesel from the United States of America, nor that it transhipped US-manufactured biodiesel into the Union.

| (19) | In view of the findings in recitals 14 to 18, the Commission established that the applicant is a genuine producer of the product under review, and that it therefore should be exempted from the extended measures. |
| --- | --- |

(19)

In view of the findings in recitals 14 to 18, the Commission established that the applicant is a genuine producer of the product under review, and that it therefore should be exempted from the extended measures.

| (20) | Interested parties were informed of the intention to grant the exemption to the applicant and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received. |
| --- | --- |

(20)

Interested parties were informed of the intention to grant the exemption to the applicant and were given the opportunity to comment. No comments which could alter the decision to terminate the review investigation were received.

| (21) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009, |
| --- | --- |

(21)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2(1) of Implementing Regulation (EU) 2015/1518 is replaced by the following:

‘1.   The definitive anti-dumping duty applicable to ‘all other companies’ as set out in Article 1, paragraph 2, is hereby extended to imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro- treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro- treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling within CN codes ex 1516 20 98 (TARIC code 1516209821), ex 1518 00 91 (TARIC code 1518009121), ex 1518 00 99 (TARIC code 1518009921), ex 2710 19 43 (TARIC code 2710194321), ex 2710 19 46 (TARIC code 2710194621), ex 2710 19 47 (TARIC code 2710194721), ex 2710 20 11 (TARIC code 2710201121), ex 2710 20 15 (TARIC code 2710201521), ex 2710 20 17 (TARIC code 2710201721), ex 3824 90 92 (TARIC code 3824909210), ex 3826 00 10 (TARIC codes 3826001020, 3826001030, 3826001040, 3826001089) and ex 3826 00 90 (TARIC code 3826009011), with the exception of those produced by the companies listed below:

| Country | Company | TARIC additional code |
| --- | --- | --- |
| Canada | BIOX Corporation, Oakville, Ontario, Canada | B107 |
| DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada | C114 |
| Rothsay Biodiesel, Guelph, Ontario, Canada | B108 |

Country

Company

TARIC additional code

Canada

BIOX Corporation, Oakville, Ontario, Canada

B107

DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada

C114

Rothsay Biodiesel, Guelph, Ontario, Canada

B108

The duty to be extended shall be the one established for ‘all other companies’ in Article 1, paragraph 2, which is a definitive anti-dumping duty of EUR 172,2 per tonne net.

The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).’

Article 2

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

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

Done at Brussels, 29 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 343, 22.12.2009, p. 51.

1

(2)  Council Regulation (EC) No 599/2009 of 7 July 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 26).

2

(3)  Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 12).

3

(4)  Council Implementing Regulation (EU) No 392/2014 of 14 April 2014 terminating the partial interim review concerning the anti-dumping measures on imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not (OJ L 115, 17.4.2014, p. 17).

4

(5)  Commission Implementing Regulation (EU) 2015/1518 of 14 September 2015 imposing a definitive anti-dumping duty on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 239, 15.9.2015, p. 69).

5

(6)  Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not (OJ C 162, 19.5.2015, p. 13).

6

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| 30.4.2016 | EN | Official Journal of the European Union | L 116/35 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/35

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/677

of 29 April 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. |
| --- | --- |

(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, |
| --- | --- |

(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 April 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

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 | IL | 262,4 |
| MA | 90,3 |
| ZZ | 176,4 |
| 0707 00 05 | MA | 83,2 |
| TR | 118,9 |
| ZZ | 101,1 |
| 0709 93 10 | MA | 95,4 |
| TR | 124,4 |
| ZZ | 109,9 |
| 0805 10 20 | AR | 115,8 |
| EG | 50,9 |
| IL | 84,9 |
| MA | 55,5 |
| TR | 39,9 |
| ZZ | 69,4 |
| 0805 50 10 | MA | 147,0 |
| TR | 130,3 |
| ZA | 143,4 |
| ZZ | 140,2 |
| 0808 10 80 | AR | 110,2 |
| BR | 102,8 |
| CL | 111,7 |
| CN | 150,1 |
| NZ | 138,0 |
| US | 225,1 |
| ZA | 97,2 |
| ZZ | 133,6 |
| 0808 30 90 | AR | 126,7 |
| CL | 122,8 |
| CN | 73,7 |
| ZA | 118,8 |
| ZZ | 110,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

262,4

MA

90,3

ZZ

176,4

0707 00 05

MA

83,2

TR

118,9

ZZ

101,1

0709 93 10

MA

95,4

TR

124,4

ZZ

109,9

0805 10 20

AR

115,8

EG

50,9

IL

84,9

MA

55,5

TR

39,9

ZZ

69,4

0805 50 10

MA

147,0

TR

130,3

ZA

143,4

ZZ

140,2

0808 10 80

AR

110,2

BR

102,8

CL

111,7

CN

150,1

NZ

138,0

US

225,1

ZA

97,2

ZZ

133,6

0808 30 90

AR

126,7

CL

122,8

CN

73,7

ZA

118,8

ZZ

110,5

---

(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

| 30.4.2016 | EN | Official Journal of the European Union | L 116/37 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/37

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COMMISSION IMPLEMENTING DECISION (EU) 2016/678

of 29 April 2016

pursuant to Article 3(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council on a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 3(3) thereof,

Whereas:

| (1) | On 28 May 2015, Germany requested the Commission to decide, pursuant to Article 3(3) of Regulation (EU) No 528/2012, whether a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths is a biocidal product or a treated article for the purposes of Article 3(1)(a) or (l) of that Regulation. |
| --- | --- |

(1)

On 28 May 2015, Germany requested the Commission to decide, pursuant to Article 3(3) of Regulation (EU) No 528/2012, whether a product consisting of dried lavender blossoms contained in a pad placed on the market to repel moths is a biocidal product or a treated article for the purposes of Article 3(1)(a) or (l) of that Regulation.

| (2) | According to agreed Union guidance (2), whole living or unprocessed dead organisms (e.g. yeast, freeze-dried bacteria) or parts thereof (e.g. body parts, blood, branches, leaves, flowers, etc.) are not considered as substances, mixtures or articles within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). Dried lavender blossoms should therefore not be considered as a substance, mixture or article within the meaning of that Regulation and therefore they should not be considered either as a biocidal product or as a treated article in accordance with Regulation (EU) No 528/2012. |
| --- | --- |

(2)

According to agreed Union guidance (2), whole living or unprocessed dead organisms (e.g. yeast, freeze-dried bacteria) or parts thereof (e.g. body parts, blood, branches, leaves, flowers, etc.) are not considered as substances, mixtures or articles within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). Dried lavender blossoms should therefore not be considered as a substance, mixture or article within the meaning of that Regulation and therefore they should not be considered either as a biocidal product or as a treated article in accordance with Regulation (EU) No 528/2012.

| (3) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(3)

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

HAS ADOPTED THIS DECISION:

Article 1

A product consisting of dried lavender blossoms in a pad is neither a biocidal product nor a treated article for the purposes of Article 3(1)(a) and (l) of Regulation (EU) No 528/2012.

Article 2

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

Done at Brussels, 29 April 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Guidance for Annex V Exemptions from the obligation to register (page 19), available at http://echa.europa.eu/documents/10162/13632/annex_v_en.pdf

2

(3)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

3

---

Corrigenda

| 30.4.2016 | EN | Official Journal of the European Union | L 116/39 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/39

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Corrigendum to Council Decision (CFSP) 2016/446 of 23 March 2016 amending and extending Council Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

(
  Official Journal of the European Union L 78 of 24 March 2016
  )

On page 75, Article 1, point (2):

for:

‘“2.   The financial reference amount for the common costs of EUTM Mali for the period from 19 May 2016 to 18 May 2018 shall be EUR 33 400 000. The percentage of the reference amount referred to in Article 25(1) of Council Decision (CFSP) 2015/528 (*) shall be 60 % and the percentage for commitment referred to in Article 34(3) of that Decision shall be 10 %.”’,

read:

‘“2.   The financial reference amount for the common costs of EUTM Mali for the period from 19 May 2016 to 18 May 2018 shall be EUR 33 400 000. The percentage of the reference amount referred to in Article 25(1) of Council Decision (CFSP) 2015/528 (*) shall be 10 % and the percentage for commitment referred to in Article 34(3) of that Decision shall be 60 %.”’.

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/39 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/39

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Corrigendum to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC

(
  Official Journal of the European Union L 5 of 9 January 2004
  )

On page 14, Article 16 concerning Article 3(2)(d) of Directive 64/432/EEC:

for:

‘Article 3(2)(d) of Directive 64/432/EEC shall be replaced by the following text:

| “(d) | be identified ...”’, |
| --- | --- |

“(d)

read:

‘Article 3(2)(c) of Directive 64/432/EEC shall be replaced by the following text:

| “(c) | be identified ...”’. |
| --- | --- |

“(c)

---

| 30.4.2016 | EN | Official Journal of the European Union | L 116/40 |
| --- | --- | --- | --- |

30.4.2016

EN

Official Journal of the European Union

L 116/40

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Corrigendum to Commission Implementing Regulation (EU) 2016/670 of 28 April 2016 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries

(
  Official Journal of the European Union L 115 of 29 April 2016
  )

On page 42, in Annex I, ‘List of products subject to prior Union surveillance’, in the table:

for:

‘
  7318 16 19
  ’,

read:

‘
  7318 16 91
  ’.

---