# Official Journal L 30/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 30 |
| | |
| English edition | Legislation | Volume 612 February 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 30

English edition

Legislation

Volume 612 February 2018

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2018/161 of 23 October 2017 establishing a de minimis exemption to the landing obligation for certain small pelagic fisheries in the Mediterranean Sea | 1 |
| | * | Commission Delegated Regulation (EU) 2018/162 of 23 November 2017 amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council | 6 |
| | * | Commission Implementing Regulation (EU) 2018/163 of 1 February 2018 making imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China subject to registration | 12 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2018/161 of 23 October 2017 establishing a de minimis exemption to the landing obligation for certain small pelagic fisheries in the Mediterranean Sea

de minimis

1

*

Commission Delegated Regulation (EU) 2018/162 of 23 November 2017 amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council

6

*

Commission Implementing Regulation (EU) 2018/163 of 1 February 2018 making imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China subject to registration

12

| 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

REGULATIONS

| 2.2.2018 | EN | Official Journal of the European Union | L 30/1 |
| --- | --- | --- | --- |

2.2.2018

EN

Official Journal of the European Union

L 30/1

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COMMISSION DELEGATED REGULATION (EU) 2018/161

of 23 October 2017

establishing a de minimis exemption to the landing obligation for certain small pelagic fisheries in the Mediterranean Sea

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 15(7) thereof,

Whereas:

| (1) | Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits or minimum sizes. |
| --- | --- |

(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits or minimum sizes.

| (2) | According to Article 15(1)(a) of Regulation (EU) No 1380/2013, the landing obligation applies in small pelagic fisheries from 1 January 2015. For the fishery in question, Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt provisions for the implementation of the landing obligation (‘discard plans’) by means of a delegated act on a temporary basis and for a period of no more than 3 years. |
| --- | --- |

(2)

According to Article 15(1)(a) of Regulation (EU) No 1380/2013, the landing obligation applies in small pelagic fisheries from 1 January 2015. For the fishery in question, Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt provisions for the implementation of the landing obligation (‘discard plans’) by means of a delegated act on a temporary basis and for a period of no more than 3 years.

| (3) | Commission Delegated Regulation (EU) No 1392/2014 (2) established a discard plan for certain small pelagic fisheries in the Mediterranean Sea. That discard plan applies to small pelagic fisheries using pelagic mid-water trawl and/or purse seins (fisheries for anchovy, sardine, mackerel and horse mackerel). In order to avoid disproportionate costs of handling unwanted catches, it allows the discarding of a small percentage of catches of species subject to minimum sizes as referred to in Annex III to Council Regulation (EC) No 1967/2006 (3) (‘de minimis exemption’). |
| --- | --- |

(3)

Commission Delegated Regulation (EU) No 1392/2014 (2) established a discard plan for certain small pelagic fisheries in the Mediterranean Sea. That discard plan applies to small pelagic fisheries using pelagic mid-water trawl and/or purse seins (fisheries for anchovy, sardine, mackerel and horse mackerel). In order to avoid disproportionate costs of handling unwanted catches, it allows the discarding of a small percentage of catches of species subject to minimum sizes as referred to in Annex III to Council Regulation (EC) No 1967/2006 (3) (‘de minimis exemption’).

| (4) | The discard plan established by Delegated Regulation (EU) No 1392/2014 will expire on 31 December 2017. Moreover, no measures have been adopted for the purpose of specifying the de minimis exemption in a multiannual plan beyond 31 December 2017. In order to avoid disproportionate costs of handling unwanted catches, it is therefore appropriate to establish a de minimis exemption in accordance with Article 15(7) of Regulation (EU) No 1380/2013. The de minimis exemption should apply in the GFCM (General Fisheries for the Commission of the Mediterranean) Areas covered by the current discard plan, which are Areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2, and 12 (Western Mediterranean Sea); 17 and 18 (Adriatic Sea); and 15, 16, 19, 20, 22, 23 and 25 (South Eastern Mediterranean Sea). |
| --- | --- |

(4)

The discard plan established by Delegated Regulation (EU) No 1392/2014 will expire on 31 December 2017. Moreover, no measures have been adopted for the purpose of specifying the de minimis exemption in a multiannual plan beyond 31 December 2017. In order to avoid disproportionate costs of handling unwanted catches, it is therefore appropriate to establish a de minimis exemption in accordance with Article 15(7) of Regulation (EU) No 1380/2013. The de minimis exemption should apply in the GFCM (General Fisheries for the Commission of the Mediterranean) Areas covered by the current discard plan, which are Areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2, and 12 (Western Mediterranean Sea); 17 and 18 (Adriatic Sea); and 15, 16, 19, 20, 22, 23 and 25 (South Eastern Mediterranean Sea).

| (5) | The proposed de minimis exemption was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) which did not provided any comments thereon apart from the fact that in cases where an increase to the de minimis percentage was requested from 3 % to 5 % this was considered not justifiable. In light of the above, it is appropriate to establish the de minimis exemption in accordance with the percentage level established by Delegated Regulation (EU) No 1392/2014 and at levels not exceeding those allowed under Article 15(7) of Regulation (EU) No 1380/2013. |
| --- | --- |

(5)

The proposed de minimis exemption was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) which did not provided any comments thereon apart from the fact that in cases where an increase to the de minimis percentage was requested from 3 % to 5 % this was considered not justifiable. In light of the above, it is appropriate to establish the de minimis exemption in accordance with the percentage level established by Delegated Regulation (EU) No 1392/2014 and at levels not exceeding those allowed under Article 15(7) of Regulation (EU) No 1380/2013.

| (6) | Since the discard plan established by Delegated Regulation (EU) No 1392/2014 will expire on 31 December 2017, this Regulation should apply as from 1 January 2018. Similarly as the former discard plan established by Delegated Regulation (EU) No 1392/2014, this de minimis Regulation should, as requested by regional groups of Member States, apply for a 3-year period, i.e. until 31 December 2020, |
| --- | --- |

(6)

Since the discard plan established by Delegated Regulation (EU) No 1392/2014 will expire on 31 December 2017, this Regulation should apply as from 1 January 2018. Similarly as the former discard plan established by Delegated Regulation (EU) No 1392/2014, this de minimis Regulation should, as requested by regional groups of Member States, apply for a 3-year period, i.e. until 31 December 2020,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation establishes a de minimis exemption from the landing obligation for species subject to minimum sizes caught in small pelagic fisheries using pelagic mid-water trawl and/or purse seins in the Mediterranean Sea (fisheries for anchovy, sardine, mackerel and horse mackerel).

de minimis

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (a) | ‘species subject to a minimum size’ means any species listed in Annex III to Regulation (EC) No 1967/2006; |
| --- | --- |

(a)

‘species subject to a minimum size’ means any species listed in Annex III to Regulation (EC) No 1967/2006;

| (b) | ‘Mediterranean Sea’ means maritime waters of the Mediterranean to the east of line 5°36′ West; |
| --- | --- |

(b)

‘Mediterranean Sea’ means maritime waters of the Mediterranean to the east of line 5°36′ West;

| (c) | ‘GFCM Geographical Sub-Area’ means General Fisheries Commission for the Mediterranean (GFCM) Geographical Sub-Area as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (4); |
| --- | --- |

(c)

‘GFCM Geographical Sub-Area’ means General Fisheries Commission for the Mediterranean (GFCM) Geographical Sub-Area as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (4);

4

| (d) | ‘Western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2 and 12; |
| --- | --- |

(d)

‘Western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2 and 12;

| (e) | ‘South Eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 15, 16, 19, 20, 22, 23 and 25; |
| --- | --- |

(e)

‘South Eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 15, 16, 19, 20, 22, 23 and 25;

| (f) | ‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18; |
| --- | --- |

(f)

‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;

| (g) | ‘Southern Adriatic and Ionian Sea’ means GFCM Geographical Sub-Areas 18, 19 and 20; |
| --- | --- |

(g)

‘Southern Adriatic and Ionian Sea’ means GFCM Geographical Sub-Areas 18, 19 and 20;

| (h) | ‘Malta Island and South of Sicily’ means GFCM Geographical Sub-Areas 15 and 16; |
| --- | --- |

(h)

‘Malta Island and South of Sicily’ means GFCM Geographical Sub-Areas 15 and 16;

| (i) | ‘Aegean Sea and Crete Island’ means GFCM Geographical Sub-Areas 22 and 23. |
| --- | --- |

(i)

‘Aegean Sea and Crete Island’ means GFCM Geographical Sub-Areas 22 and 23.

Article 3

De minimis exemption

1.   In the small pelagic mid-water trawl and purse seines fisheries set out in Annexes I, II and III, up to 5 % of the total annual catches of any species subject to a minimum size may be discarded.

2.   In the small pelagic purse seines fisheries set out in Annexes IV, V and VI, up to 3 % of the total annual catches of any species subject to a minimum size may be discarded.

3.   Paragraphs 1 and 2 of this Article shall apply by way of derogation from Article 15(1) of Regulation (EU) No 1380/2013.

Article 4

Entry into force

This Regulation shall enter into force on 1 January 2018.

It shall apply until 31 December 2020.

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

Done at Brussels, 23 October 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 354, 28.12.2013, p. 22.

1

(2)  Commission Delegated Regulation (EU) No 1392/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries in the Mediterranean Sea (OJ L 370, 30.12.2014, p. 21).

2

(3)  Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

3

(4)  Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).

4

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ANNEX I

Small pelagic fisheries in the Western Mediterranean Sea

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 1, 2, 5, 6, 7,8, 9, 10, 11.1, 11.2 and 12 | OTM, PTM | mid-water pelagic trawl | Anchovy, sardine, mackerel and horse mackerel |
| 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11. 2 and 12 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

1, 2, 5, 6, 7,8, 9, 10, 11.1, 11.2 and 12

OTM, PTM

mid-water pelagic trawl

Anchovy, sardine, mackerel and horse mackerel

1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11. 2 and 12

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

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ANNEX II

Small pelagic fisheries in the South Eastern Mediterranean Sea

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 15, 16, 19, 20, 22 23 and 25 | OTM, PTM | mid-water pelagic trawl | Anchovy, sardine, mackerel and horse mackerel |
| 25 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

15, 16, 19, 20, 22 23 and 25

OTM, PTM

mid-water pelagic trawl

Anchovy, sardine, mackerel and horse mackerel

25

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

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ANNEX III

Small pelagic fisheries in the Adriatic Sea

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 17 and 18 | OTM, PTM | mid-water pelagic trawl | Anchovy, sardine, mackerel and horse mackerel |
| 17 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

17 and 18

OTM, PTM

mid-water pelagic trawl

Anchovy, sardine, mackerel and horse mackerel

17

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

---

ANNEX IV

Small pelagic fisheries in the Malta Island and South of Sicily

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 15 and 16 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

15 and 16

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

---

ANNEX V

Small pelagic fisheries in the Aegean Sea and Crete Island

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 22 and 23 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

22 and 23

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

---

ANNEX VI

Small pelagic fisheries in the Southern Adriatic and Ionian Sea

| GFCM Geographical Sub-Areas | Gear code | Fishing gear | Species targeted |
| --- | --- | --- | --- |
| 18, 19 and 20 | PS | purse seine | Anchovy, sardine, mackerel and horse mackerel |

GFCM Geographical Sub-Areas

Gear code

Fishing gear

Species targeted

18, 19 and 20

PS

purse seine

Anchovy, sardine, mackerel and horse mackerel

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| 2.2.2018 | EN | Official Journal of the European Union | L 30/6 |
| --- | --- | --- | --- |

2.2.2018

EN

Official Journal of the European Union

L 30/6

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COMMISSION DELEGATED REGULATION (EU) 2018/162

of 23 November 2017

amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1), and in particular Article 58(7) thereof,

Having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (2), and in particular Articles 6(3) and 7(3) thereof,

Whereas:

| (1) | Article 14(1) of Regulation (EU) No 1307/2013 provides that Member States could opt to make a certain percentage of their annual national ceilings for direct payments available as additional support for measures under rural development programming by 31 December 2013 or by 1 August 2014. |
| --- | --- |

(1)

Article 14(1) of Regulation (EU) No 1307/2013 provides that Member States could opt to make a certain percentage of their annual national ceilings for direct payments available as additional support for measures under rural development programming by 31 December 2013 or by 1 August 2014.

| (2) | In accordance with the fourth subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, France, Lithuania and the Netherlands notified the Commission by 1 August 2017 of their decision to review, for the 2018 and 2019 calendar years, their previous decision to transfer a certain percentage of their annual national ceilings for direct payments to rural development programming, financed under the European Agricultural Fund for Rural Development (EAFRD). |
| --- | --- |

(2)

In accordance with the fourth subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, France, Lithuania and the Netherlands notified the Commission by 1 August 2017 of their decision to review, for the 2018 and 2019 calendar years, their previous decision to transfer a certain percentage of their annual national ceilings for direct payments to rural development programming, financed under the European Agricultural Fund for Rural Development (EAFRD).

| (3) | It is therefore necessary to adapt Annexes II and III to Regulation (EU) No 1307/2013 in order to incorporate the proposed amendments to the annual national ceilings and the annual net ceilings for direct payments. It is also necessary to adapt Annex I to Regulation (EU) No 1305/2013 in order to reflect these amendments in the corresponding annual breakdown by Member State of the Union support for rural development. |
| --- | --- |

(3)

It is therefore necessary to adapt Annexes II and III to Regulation (EU) No 1307/2013 in order to incorporate the proposed amendments to the annual national ceilings and the annual net ceilings for direct payments. It is also necessary to adapt Annex I to Regulation (EU) No 1305/2013 in order to reflect these amendments in the corresponding annual breakdown by Member State of the Union support for rural development.

| (4) | Annex I to Regulation (EU) No 1305/2013 and Annexes II and III to Regulation (EU) No 1307/2013 should therefore be amended accordingly, |
| --- | --- |

(4)

Annex I to Regulation (EU) No 1305/2013 and Annexes II and III to Regulation (EU) No 1307/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 1305/2013 is replaced by the text in Annex I to this Regulation.

Article 2

Annexes II and III to Regulation (EU) No 1307/2013 are replaced by the text in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the third 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, 23 November 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 347, 20.12.2013, p. 487.

1

(2)  
  OJ L 347, 20.12.2013, p. 608.

2

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ANNEX I

‘ANNEX I

Breakdown of Union support for rural development (2014 to 2020)

| (current prices in EUR) |
| --- |
| | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | TOTAL 2014-2020 |
| Belgium | 40 855 562 | 97 243 257 | 109 821 794 | 97 175 076 | 97 066 202 | 102 912 713 | 102 723 155 | 647 797 759 |
| Bulgaria | 0 | 502 807 341 | 505 020 057 | 340 409 994 | 339 966 052 | 339 523 306 | 338 990 216 | 2 366 716 966 |
| Czech Republic | 0 | 470 143 771 | 503 130 504 | 344 509 078 | 343 033 490 | 323 242 050 | 321 615 103 | 2 305 673 996 |
| Denmark | 90 287 658 | 90 168 920 | 136 397 742 | 144 868 072 | 153 125 142 | 152 367 537 | 151 588 619 | 918 803 690 |
| Germany | 664 601 903 | 1 498 240 410 | 1 685 574 112 | 1 404 073 302 | 1 400 926 899 | 1 397 914 658 | 1 394 588 766 | 9 445 920 050 |
| Estonia | 103 626 144 | 103 651 030 | 111 192 345 | 122 865 093 | 125 552 583 | 127 277 180 | 129 177 183 | 823 341 558 |
| Ireland | 0 | 469 633 941 | 469 724 442 | 313 007 411 | 312 891 690 | 312 764 355 | 312 570 314 | 2 190 592 153 |
| Greece | 0 | 907 059 608 | 1 007 736 821 | 703 471 245 | 701 719 722 | 700 043 071 | 698 261 326 | 4 718 291 793 |
| Spain | 0 | 1 780 169 908 | 1 780 403 445 | 1 185 553 005 | 1 184 419 678 | 1 183 448 718 | 1 183 394 067 | 8 297 388 821 |
| France | 4 353 019 | 2 336 138 618 | 2 363 567 980 | 1 665 777 592 | 1 668 304 328 | 1 984 761 729 | 1 987 739 983 | 12 010 643 249 |
| Croatia | 0 | 448 426 250 | 448 426 250 | 282 342 500 | 282 342 500 | 282 342 500 | 282 342 500 | 2 026 222 500 |
| Italy | 0 | 2 223 480 180 | 2 231 599 688 | 1 493 380 162 | 1 495 583 530 | 1 498 573 799 | 1 501 763 408 | 10 444 380 767 |
| Cyprus | 0 | 28 341 472 | 28 345 126 | 18 894 801 | 18 892 389 | 18 889 108 | 18 881 481 | 132 244 377 |
| Latvia | 138 327 376 | 150 968 424 | 153 066 059 | 155 139 289 | 157 236 528 | 159 374 589 | 161 491 517 | 1 075 603 782 |
| Lithuania | 230 392 975 | 230 412 316 | 230 431 887 | 230 451 686 | 230 472 391 | 247 213 599 | 263 791 386 | 1 663 166 240 |
| Luxembourg | 0 | 21 385 468 | 21 432 133 | 14 366 484 | 14 415 051 | 14 464 074 | 14 511 390 | 100 574 600 |
| Hungary | 0 | 742 851 235 | 737 099 981 | 488 620 684 | 488 027 342 | 487 402 356 | 486 662 895 | 3 430 664 493 |
| Malta | 0 | 20 905 107 | 20 878 690 | 13 914 927 | 13 893 023 | 13 876 504 | 13 858 647 | 97 326 898 |
| Netherlands | 87 118 078 | 87 003 509 | 118 496 585 | 118 357 256 | 118 225 747 | 148 107 797 | 147 976 388 | 825 285 360 |
| Austria | 557 806 503 | 559 329 914 | 560 883 465 | 562 467 745 | 564 084 777 | 565 713 368 | 567 266 225 | 3 937 551 997 |
| Poland | 1 569 517 638 | 1 175 590 560 | 1 193 429 059 | 1 192 025 238 | 1 190 589 130 | 1 189 103 987 | 1 187 301 202 | 8 697 556 814 |
| Portugal | 577 031 070 | 577 895 019 | 578 913 888 | 579 806 001 | 580 721 241 | 581 637 133 | 582 456 022 | 4 058 460 374 |
| Romania | 0 | 1 723 260 662 | 1 751 613 412 | 1 186 544 149 | 1 184 725 381 | 1 141 925 604 | 1 139 927 194 | 8 127 996 402 |
| Slovenia | 118 678 072 | 119 006 876 | 119 342 187 | 119 684 133 | 120 033 142 | 120 384 760 | 120 720 633 | 837 849 803 |
| Slovakia | 271 154 575 | 213 101 979 | 215 603 053 | 215 356 644 | 215 106 447 | 214 844 203 | 214 524 943 | 1 559 691 844 |
| Finland | 335 440 884 | 336 933 734 | 338 456 263 | 340 009 057 | 341 593 485 | 343 198 337 | 344 776 578 | 2 380 408 338 |
| Sweden | 0 | 386 944 025 | 378 153 207 | 249 386 135 | 249 552 108 | 249 710 989 | 249 818 786 | 1 763 565 250 |
| United Kingdom | 475 531 544 | 848 443 195 | 850 859 320 | 754 569 938 | 754 399 511 | 755 442 113 | 756 171 870 | 5 195 417 491 |
| Total EU-28 | 5 264 723 001 | 18 149 536 729 | 18 649 599 495 | 14 337 026 697 | 14 346 899 509 | 14 656 460 137 | 14 674 891 797 | 100 079 137 365 |
| |
| Technical assistance | 34 130 699 | 34 131 977 | 34 133 279 | 34 134 608 | 34 135 964 | 34 137 346 | 34 138 756 | 238 942 629 |
| Total | 5 298 853 700 | 18 183 668 706 | 18 683 732 774 | 14 371 161 305 | 14 381 035 473 | 14 690 597 483 | 14 709 030 553 | 100 318 079 994 |

(current prices in EUR)

2014

2015

2016

2017

2018

2019

2020

TOTAL 2014-2020

Belgium

40 855 562

97 243 257

109 821 794

97 175 076

97 066 202

102 912 713

102 723 155

647 797 759

Bulgaria

0

502 807 341

505 020 057

340 409 994

339 966 052

339 523 306

338 990 216

2 366 716 966

Czech Republic

0

470 143 771

503 130 504

344 509 078

343 033 490

323 242 050

321 615 103

2 305 673 996

Denmark

90 287 658

90 168 920

136 397 742

144 868 072

153 125 142

152 367 537

151 588 619

918 803 690

Germany

664 601 903

1 498 240 410

1 685 574 112

1 404 073 302

1 400 926 899

1 397 914 658

1 394 588 766

9 445 920 050

Estonia

103 626 144

103 651 030

111 192 345

122 865 093

125 552 583

127 277 180

129 177 183

823 341 558

Ireland

0

469 633 941

469 724 442

313 007 411

312 891 690

312 764 355

312 570 314

2 190 592 153

Greece

0

907 059 608

1 007 736 821

703 471 245

701 719 722

700 043 071

698 261 326

4 718 291 793

Spain

0

1 780 169 908

1 780 403 445

1 185 553 005

1 184 419 678

1 183 448 718

1 183 394 067

8 297 388 821

France

4 353 019

2 336 138 618

2 363 567 980

1 665 777 592

1 668 304 328

1 984 761 729

1 987 739 983

12 010 643 249

Croatia

0

448 426 250

448 426 250

282 342 500

282 342 500

282 342 500

282 342 500

2 026 222 500

Italy

0

2 223 480 180

2 231 599 688

1 493 380 162

1 495 583 530

1 498 573 799

1 501 763 408

10 444 380 767

Cyprus

0

28 341 472

28 345 126

18 894 801

18 892 389

18 889 108

18 881 481

132 244 377

Latvia

138 327 376

150 968 424

153 066 059

155 139 289

157 236 528

159 374 589

161 491 517

1 075 603 782

Lithuania

230 392 975

230 412 316

230 431 887

230 451 686

230 472 391

247 213 599

263 791 386

1 663 166 240

Luxembourg

0

21 385 468

21 432 133

14 366 484

14 415 051

14 464 074

14 511 390

100 574 600

Hungary

0

742 851 235

737 099 981

488 620 684

488 027 342

487 402 356

486 662 895

3 430 664 493

Malta

0

20 905 107

20 878 690

13 914 927

13 893 023

13 876 504

13 858 647

97 326 898

Netherlands

87 118 078

87 003 509

118 496 585

118 357 256

118 225 747

148 107 797

147 976 388

825 285 360

Austria

557 806 503

559 329 914

560 883 465

562 467 745

564 084 777

565 713 368

567 266 225

3 937 551 997

Poland

1 569 517 638

1 175 590 560

1 193 429 059

1 192 025 238

1 190 589 130

1 189 103 987

1 187 301 202

8 697 556 814

Portugal

577 031 070

577 895 019

578 913 888

579 806 001

580 721 241

581 637 133

582 456 022

4 058 460 374

Romania

0

1 723 260 662

1 751 613 412

1 186 544 149

1 184 725 381

1 141 925 604

1 139 927 194

8 127 996 402

Slovenia

118 678 072

119 006 876

119 342 187

119 684 133

120 033 142

120 384 760

120 720 633

837 849 803

Slovakia

271 154 575

213 101 979

215 603 053

215 356 644

215 106 447

214 844 203

214 524 943

1 559 691 844

Finland

335 440 884

336 933 734

338 456 263

340 009 057

341 593 485

343 198 337

344 776 578

2 380 408 338

Sweden

0

386 944 025

378 153 207

249 386 135

249 552 108

249 710 989

249 818 786

1 763 565 250

United Kingdom

475 531 544

848 443 195

850 859 320

754 569 938

754 399 511

755 442 113

756 171 870

5 195 417 491

Total EU-28

5 264 723 001

18 149 536 729

18 649 599 495

14 337 026 697

14 346 899 509

14 656 460 137

14 674 891 797

100 079 137 365

Technical assistance

34 130 699

34 131 977

34 133 279

34 134 608

34 135 964

34 137 346

34 138 756

238 942 629

Total

5 298 853 700

18 183 668 706

18 683 732 774

14 371 161 305

14 381 035 473

14 690 597 483

14 709 030 553

100 318 079 994

---

ANNEX II

‘ANNEX II

National ceilings referred to in Article 6

| (in thousands EUR) |
| --- |
| Calendar year | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
| Belgium | 523 658 | 509 773 | 502 095 | 488 964 | 481 857 | 505 266 |
| Bulgaria | 721 251 | 792 449 | 793 226 | 794 759 | 796 292 | 796 292 |
| Czech Republic | 844 854 | 844 041 | 843 200 | 861 708 | 861 698 | 872 809 |
| Denmark | 870 751 | 852 682 | 834 791 | 826 774 | 818 757 | 880 384 |
| Germany | 4 912 772 | 4 880 476 | 4 848 079 | 4 820 322 | 4 792 567 | 5 018 395 |
| Estonia | 114 378 | 114 562 | 123 704 | 133 935 | 143 966 | 169 366 |
| Ireland | 1 215 003 | 1 213 470 | 1 211 899 | 1 211 482 | 1 211 066 | 1 211 066 |
| Greece | 1 921 966 | 1 899 160 | 1 876 329 | 1 855 473 | 1 834 618 | 1 931 177 |
| Spain | 4 842 658 | 4 851 682 | 4 866 665 | 4 880 049 | 4 893 433 | 4 893 433 |
| France | 7 302 140 | 7 270 670 | 7 239 017 | 6 900 842 | 6 877 179 | 7 437 200 |
| Croatia

   (*1) | 183 735 | 202 865 | 241 125 | 279 385 | 317 645 | 306 080 |
| Italy | 3 902 039 | 3 850 805 | 3 799 540 | 3 751 937 | 3 704 337 | 3 704 337 |
| Cyprus | 50 784 | 50 225 | 49 666 | 49 155 | 48 643 | 48 643 |
| Latvia | 181 044 | 205 764 | 230 431 | 255 292 | 280 154 | 302 754 |
| Lithuania | 417 890 | 442 510 | 467 070 | 475 319 | 483 680 | 517 028 |
| Luxembourg | 33 604 | 33 546 | 33 487 | 33 460 | 33 432 | 33 432 |
| Hungary | 1 345 746 | 1 344 461 | 1 343 134 | 1 343 010 | 1 342 867 | 1 269 158 |
| Malta | 5 241 | 5 241 | 5 242 | 5 243 | 5 244 | 4 690 |
| Netherlands | 749 315 | 736 840 | 724 362 | 682 616 | 670 870 | 732 370 |
| Austria | 693 065 | 692 421 | 691 754 | 691 746 | 691 738 | 691 738 |
| Poland | 3 378 604 | 3 395 300 | 3 411 854 | 3 431 236 | 3 450 512 | 3 061 518 |
| Portugal | 565 816 | 573 954 | 582 057 | 590 706 | 599 355 | 599 355 |
| Romania | 1 599 993 | 1 772 469 | 1 801 335 | 1 872 821 | 1 903 195 | 1 903 195 |
| Slovenia | 137 987 | 136 997 | 136 003 | 135 141 | 134 278 | 134 278 |
| Slovakia | 438 299 | 441 478 | 444 636 | 448 155 | 451 659 | 394 385 |
| Finland | 523 333 | 523 422 | 523 493 | 524 062 | 524 631 | 524 631 |
| Sweden | 696 890 | 697 295 | 697 678 | 698 723 | 699 768 | 699 768 |
| United Kingdom | 3 173 324 | 3 179 880 | 3 186 319 | 3 195 781 | 3 205 243 | 3 591 683 |

(in thousands EUR)

Calendar year

2015

2016

2017

2018

2019

2020

Belgium

523 658

509 773

502 095

488 964

481 857

505 266

Bulgaria

721 251

792 449

793 226

794 759

796 292

796 292

Czech Republic

844 854

844 041

843 200

861 708

861 698

872 809

Denmark

870 751

852 682

834 791

826 774

818 757

880 384

Germany

4 912 772

4 880 476

4 848 079

4 820 322

4 792 567

5 018 395

Estonia

114 378

114 562

123 704

133 935

143 966

169 366

Ireland

1 215 003

1 213 470

1 211 899

1 211 482

1 211 066

1 211 066

Greece

1 921 966

1 899 160

1 876 329

1 855 473

1 834 618

1 931 177

Spain

4 842 658

4 851 682

4 866 665

4 880 049

4 893 433

4 893 433

France

7 302 140

7 270 670

7 239 017

6 900 842

6 877 179

7 437 200

Croatia

   (*1)

183 735

202 865

241 125

279 385

317 645

306 080

Italy

3 902 039

3 850 805

3 799 540

3 751 937

3 704 337

3 704 337

Cyprus

50 784

50 225

49 666

49 155

48 643

48 643

Latvia

181 044

205 764

230 431

255 292

280 154

302 754

Lithuania

417 890

442 510

467 070

475 319

483 680

517 028

Luxembourg

33 604

33 546

33 487

33 460

33 432

33 432

Hungary

1 345 746

1 344 461

1 343 134

1 343 010

1 342 867

1 269 158

Malta

5 241

5 241

5 242

5 243

5 244

4 690

Netherlands

749 315

736 840

724 362

682 616

670 870

732 370

Austria

693 065

692 421

691 754

691 746

691 738

691 738

Poland

3 378 604

3 395 300

3 411 854

3 431 236

3 450 512

3 061 518

Portugal

565 816

573 954

582 057

590 706

599 355

599 355

Romania

1 599 993

1 772 469

1 801 335

1 872 821

1 903 195

1 903 195

Slovenia

137 987

136 997

136 003

135 141

134 278

134 278

Slovakia

438 299

441 478

444 636

448 155

451 659

394 385

Finland

523 333

523 422

523 493

524 062

524 631

524 631

Sweden

696 890

697 295

697 678

698 723

699 768

699 768

United Kingdom

3 173 324

3 179 880

3 186 319

3 195 781

3 205 243

3 591 683

‘ANNEX III

Net ceilings referred to in Article 7

| (in million EUR) |
| --- |
| Calendar year | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
| Belgium | 523,7 | 509,8 | 502,1 | 489,0 | 481,9 | 505,3 |
| Bulgaria | 720,9 | 788,8 | 789,6 | 791,0 | 792,5 | 798,9 |
| Czech Republic | 840,1 | 839,3 | 838,5 | 856,7 | 856,7 | 872,8 |
| Denmark | 870,2 | 852,2 | 834,3 | 826,3 | 818,3 | 880,4 |
| Germany | 4 912,8 | 4 880,5 | 4 848,1 | 4 820,3 | 4 792,6 | 5 018,4 |
| Estonia | 114,4 | 114,5 | 123,7 | 133,9 | 143,9 | 169,4 |
| Ireland | 1 214,8 | 1 213,3 | 1 211,8 | 1 211,4 | 1 211,0 | 1 211,1 |
| Greece | 2 109,8 | 2 087,0 | 2 064,1 | 2 043,3 | 2 022,4 | 2 119,0 |
| Spain | 4 902,3 | 4 911,3 | 4 926,3 | 4 939,7 | 4 953,1 | 4 954,4 |
| France | 7 302,1 | 7 270,7 | 7 239,0 | 6 900,8 | 6 877,2 | 7 437,2 |
| Croatia

   (*2) | 183,7 | 202,9 | 241,1 | 279,4 | 317,6 | 306,1 |
| Italy | 3 897,1 | 3 847,3 | 3 797,2 | 3 750,0 | 3 702,4 | 3 704,3 |
| Cyprus | 50,8 | 50,2 | 49,7 | 49,1 | 48,6 | 48,6 |
| Latvia | 181,0 | 205,7 | 230,3 | 255,0 | 279,8 | 302,8 |
| Lithuania | 417,9 | 442,5 | 467,1 | 475,3 | 483,7 | 517,0 |
| Luxembourg | 33,6 | 33,5 | 33,5 | 33,5 | 33,4 | 33,4 |
| Hungary | 1 276,7 | 1 275,5 | 1 274,1 | 1 274,0 | 1 273,9 | 1 269,2 |
| Malta | 5,2 | 5,2 | 5,2 | 5,2 | 5,2 | 4,7 |
| Netherlands | 749,2 | 736,8 | 724,3 | 682,5 | 670,8 | 732,4 |
| Austria | 693,1 | 692,4 | 691,8 | 691,7 | 691,7 | 691,7 |
| Poland | 3 359,2 | 3 375,7 | 3 392,0 | 3 411,2 | 3 430,2 | 3 061,5 |
| Portugal | 565,9 | 574,0 | 582,1 | 590,8 | 599,4 | 599,5 |
| Romania | 1 600,0 | 1 772,5 | 1 801,3 | 1 872,8 | 1 903,2 | 1 903,2 |
| Slovenia | 138,0 | 137,0 | 136,0 | 135,1 | 134,3 | 134,3 |
| Slovakia | 435,5 | 438,6 | 441,8 | 445,2 | 448,7 | 394,4 |
| Finland | 523,3 | 523,4 | 523,5 | 524,1 | 524,6 | 524,6 |
| Sweden | 696,8 | 697,2 | 697,6 | 698,7 | 699,7 | 699,8 |
| United Kingdom | 3 170,7 | 3 177,3 | 3 183,6 | 3 192,2 | 3 201,4 | 3 591,7 |

(in million EUR)

Calendar year

2015

2016

2017

2018

2019

2020

Belgium

523,7

509,8

502,1

489,0

481,9

505,3

Bulgaria

720,9

788,8

789,6

791,0

792,5

798,9

Czech Republic

840,1

839,3

838,5

856,7

856,7

872,8

Denmark

870,2

852,2

834,3

826,3

818,3

880,4

Germany

4 912,8

4 880,5

4 848,1

4 820,3

4 792,6

5 018,4

Estonia

114,4

114,5

123,7

133,9

143,9

169,4

Ireland

1 214,8

1 213,3

1 211,8

1 211,4

1 211,0

1 211,1

Greece

2 109,8

2 087,0

2 064,1

2 043,3

2 022,4

2 119,0

Spain

4 902,3

4 911,3

4 926,3

4 939,7

4 953,1

4 954,4

France

7 302,1

7 270,7

7 239,0

6 900,8

6 877,2

7 437,2

Croatia

   (*2)

183,7

202,9

241,1

279,4

317,6

306,1

Italy

3 897,1

3 847,3

3 797,2

3 750,0

3 702,4

3 704,3

Cyprus

50,8

50,2

49,7

49,1

48,6

48,6

Latvia

181,0

205,7

230,3

255,0

279,8

302,8

Lithuania

417,9

442,5

467,1

475,3

483,7

517,0

Luxembourg

33,6

33,5

33,5

33,5

33,4

33,4

Hungary

1 276,7

1 275,5

1 274,1

1 274,0

1 273,9

1 269,2

Malta

5,2

5,2

5,2

5,2

5,2

4,7

Netherlands

749,2

736,8

724,3

682,5

670,8

732,4

Austria

693,1

692,4

691,8

691,7

691,7

691,7

Poland

3 359,2

3 375,7

3 392,0

3 411,2

3 430,2

3 061,5

Portugal

565,9

574,0

582,1

590,8

599,4

599,5

Romania

1 600,0

1 772,5

1 801,3

1 872,8

1 903,2

1 903,2

Slovenia

138,0

137,0

136,0

135,1

134,3

134,3

Slovakia

435,5

438,6

441,8

445,2

448,7

394,4

Finland

523,3

523,4

523,5

524,1

524,6

524,6

Sweden

696,8

697,2

697,6

698,7

699,7

699,8

United Kingdom

3 170,7

3 177,3

3 183,6

3 192,2

3 201,4

3 591,7

---

(*1)  For Croatia the national ceiling shall be EUR 344 340 000 for the 2021 calendar year and EUR 382 600 000 for the 2022 calendar year.

*1

(*2)  For Croatia, the net ceiling shall be EUR 344 340 000 for the 2021 calendar year and EUR 382 600 000 for the 2022 calendar year.

*2

---

| 2.2.2018 | EN | Official Journal of the European Union | L 30/12 |
| --- | --- | --- | --- |

2.2.2018

EN

Official Journal of the European Union

L 30/12

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/163

of 1 February 2018

making imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China subject to registration

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 14(5) thereof,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 24(5) thereof,

After informing the Member States,

Whereas:

| (1) | On 11 August 2017, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (3) (‘the AD notice of initiation’), the initiation of an anti-dumping proceeding (‘the anti-dumping proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the People's Republic of China (‘PRC’) following a complaint lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries. |
| --- | --- |

(1)

On 11 August 2017, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (3) (‘the AD notice of initiation’), the initiation of an anti-dumping proceeding (‘the anti-dumping proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the People's Republic of China (‘PRC’) following a complaint lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries.

| (2) | On 14 October 2017, the Commission announced, by a notice published in the Official Journal of the European Union (4) (‘the AS notice of initiation’), the initiation of an anti-subsidy proceeding (‘the anti-subsidy proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the PRC following a complaint lodged on 31 August 2017 by the complainant on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries. |
| --- | --- |

(2)

On 14 October 2017, the Commission announced, by a notice published in the Official Journal of the European Union (4) (‘the AS notice of initiation’), the initiation of an anti-subsidy proceeding (‘the anti-subsidy proceeding’) with regard to imports into the Union of new and retreaded tyres for buses or lorries originating in the PRC following a complaint lodged on 31 August 2017 by the complainant on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries.

1.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

| (3) | The product subject to registration (‘the product concerned’) for both proceedings are new and retreaded tyres for buses or lorries with a load index exceeding 121 originating in the PRC, currently falling within CN codes 4011 20 90 and ex 4012 12 00. These CN codes are given for information only. |
| --- | --- |

(3)

The product subject to registration (‘the product concerned’) for both proceedings are new and retreaded tyres for buses or lorries with a load index exceeding 121 originating in the PRC, currently falling within CN codes 4011 20 90 and ex 4012 12 00. These CN codes are given for information only.

2.   REQUEST

REQUEST

| (4) | The complainant submitted registration requests pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation on 19 August 2017 and on 5 October 2017 respectively. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. |
| --- | --- |

(4)

The complainant submitted registration requests pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation on 19 August 2017 and on 5 October 2017 respectively. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration.

3.   GROUNDS FOR REGISTRATION

GROUNDS FOR REGISTRATION

| (5) | According to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action. |
| --- | --- |

(5)

According to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action.

| (6) | According to the complainant registration is justified as the product concerned is being dumped and subsidised. Significant injury to the Union industry, which is difficult to repair, is being caused by low-priced imports. |
| --- | --- |

(6)

According to the complainant registration is justified as the product concerned is being dumped and subsidised. Significant injury to the Union industry, which is difficult to repair, is being caused by low-priced imports.

| (7) | The Commission examined the request in the light of Article 10(4) of the basic anti-dumping Regulation and Article 16(4) of the basic anti-subsidy Regulation. |
| --- | --- |

(7)

The Commission examined the request in the light of Article 10(4) of the basic anti-dumping Regulation and Article 16(4) of the basic anti-subsidy Regulation.

| (8) | With respect to the dumping part of the request, the Commission verified whether the importers were aware, or should have been aware, of the dumping as regards the extent of the dumping and the injury alleged or found. It also analysed whether there was a further substantial rise in imports which, in the light of its timing and volume and other circumstances, is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied. |
| --- | --- |

(8)

With respect to the dumping part of the request, the Commission verified whether the importers were aware, or should have been aware, of the dumping as regards the extent of the dumping and the injury alleged or found. It also analysed whether there was a further substantial rise in imports which, in the light of its timing and volume and other circumstances, is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied.

| (9) | With respect to the subsidy part of the request, the Commission verified whether there are critical circumstances where, for the subsidised product in question, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies and whether it is deemed necessary to assess countervailing duties retroactively on those imports in order to preclude the recurrence of such injury. |
| --- | --- |

(9)

With respect to the subsidy part of the request, the Commission verified whether there are critical circumstances where, for the subsidised product in question, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies and whether it is deemed necessary to assess countervailing duties retroactively on those imports in order to preclude the recurrence of such injury.

3.1.   Awareness of the importers of the dumping, the extent thereof and the alleged injury

Awareness of the importers of the dumping, the extent thereof and the alleged injury

| (10) | As regards dumping, the Commission has at its disposal sufficient evidence that imports of the product concerned from PRC are being dumped. In particular, the complainant provided evidence on the normal value based on total cost of production plus a reasonable amount for selling, general and administrative expenses and for profits, based on the choice of the United States of America as analogue country. |
| --- | --- |

(10)

As regards dumping, the Commission has at its disposal sufficient evidence that imports of the product concerned from PRC are being dumped. In particular, the complainant provided evidence on the normal value based on total cost of production plus a reasonable amount for selling, general and administrative expenses and for profits, based on the choice of the United States of America as analogue country.

| (11) | The evidence of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product concerned when sold for export to the Union. As a whole, and given the extent of the dumping margins alleged of at least 74 %, this evidence provides sufficient support at this stage that the exporters practice dumping. The complaint also provided sufficient evidence of alleged injury. |
| --- | --- |

(11)

The evidence of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product concerned when sold for export to the Union. As a whole, and given the extent of the dumping margins alleged of at least 74 %, this evidence provides sufficient support at this stage that the exporters practice dumping. The complaint also provided sufficient evidence of alleged injury.

| (12) | That information was contained in the notice of initiation for this proceeding on 11 August 2017. By its publication in the Official Journal of the European Union, the notice is a public document accessible to all importers. Therefore, the Commission considered that the importers were aware, or should have been aware, of the alleged dumping practices, the extent thereof and the alleged injury at the latest at that moment. It thus concluded that the first criterion for registration was met with respect to the dumping part of the request. |
| --- | --- |

(12)

That information was contained in the notice of initiation for this proceeding on 11 August 2017. By its publication in the Official Journal of the European Union, the notice is a public document accessible to all importers. Therefore, the Commission considered that the importers were aware, or should have been aware, of the alleged dumping practices, the extent thereof and the alleged injury at the latest at that moment. It thus concluded that the first criterion for registration was met with respect to the dumping part of the request.

Official Journal of the European Union

3.2.   Further substantial rise in imports

Further substantial rise in imports

| (13) | The volume of imports of the product concerned increased by 14,3 % in the period from April to September 2017 when compared to the volume of imports during the same period in 2016. Consistent with recent findings in other investigations (5), the Commission considered such an increase in imports to be substantial. |
| --- | --- |

(13)

The volume of imports of the product concerned increased by 14,3 % in the period from April to September 2017 when compared to the volume of imports during the same period in 2016. Consistent with recent findings in other investigations (5), the Commission considered such an increase in imports to be substantial.

5

| (14) | Therefore, the Commission concluded that the second criterion for registration for the dumping part of the request was also met. |
| --- | --- |

(14)

Therefore, the Commission concluded that the second criterion for registration for the dumping part of the request was also met.

3.3.   Other circumstances

Other circumstances

| (15) | The complainant also included sufficient evidence in the complaint and in the request for registration on the decreasing trend of the import sales prices. According to the publicly-available Eurostat statistics the unit value of imports from the PRC was 38 % lower in the period April to September 2017 than imports from other origins. This is critically low for a price-sensitive industry such as the tyres industry. |
| --- | --- |

(15)

The complainant also included sufficient evidence in the complaint and in the request for registration on the decreasing trend of the import sales prices. According to the publicly-available Eurostat statistics the unit value of imports from the PRC was 38 % lower in the period April to September 2017 than imports from other origins. This is critically low for a price-sensitive industry such as the tyres industry.

| (16) | In light of the timing, the volume of the dumped imports and other circumstances (such as the decline in the Union industry's sales, turnover, employment and profit notably on the lower market segment) are likely to seriously undermine the remedial effect of any definitive duties, unless such duties are applied retroactively. In addition, given the initiation of the current proceedings, it is reasonable to assume that the imports of the product concerned may further increase prior to the adoption of provisional measures, if any, and importers could rapidly build up stocks. |
| --- | --- |

(16)

In light of the timing, the volume of the dumped imports and other circumstances (such as the decline in the Union industry's sales, turnover, employment and profit notably on the lower market segment) are likely to seriously undermine the remedial effect of any definitive duties, unless such duties are applied retroactively. In addition, given the initiation of the current proceedings, it is reasonable to assume that the imports of the product concerned may further increase prior to the adoption of provisional measures, if any, and importers could rapidly build up stocks.

| (17) | Under those circumstances, the Commission concluded that the third criterion for registration for the dumping part of the request was also met. |
| --- | --- |

(17)

Under those circumstances, the Commission concluded that the third criterion for registration for the dumping part of the request was also met.

3.4.   Injury, which is difficult to repair, is caused by massive imports of a subsidised product in a relatively short period

Injury, which is difficult to repair, is caused by massive imports of a subsidised product in a relatively short period

| (18) | As regards subsidisation, the Commission has at its disposal sufficient evidence that imports of the product concerned from the PRC are being subsidised. The alleged subsidy practices consist, namely, of direct transfer of funds and potential direct transfers of funds or liabilities, government revenue forgone or not collected, and government provision of goods or services for less than adequate remuneration. This includes, for example, evidence of the existence of various grants, preferential loans and directed credits by State-owned banks as well as private banks, export credits and export guarantees and insurances; government provision of land, energy, water and raw materials for producing the product concerned; and income tax reductions and exemptions, import tariff rebates and VAT exemptions and rebates. |
| --- | --- |

(18)

As regards subsidisation, the Commission has at its disposal sufficient evidence that imports of the product concerned from the PRC are being subsidised. The alleged subsidy practices consist, namely, of direct transfer of funds and potential direct transfers of funds or liabilities, government revenue forgone or not collected, and government provision of goods or services for less than adequate remuneration. This includes, for example, evidence of the existence of various grants, preferential loans and directed credits by State-owned banks as well as private banks, export credits and export guarantees and insurances; government provision of land, energy, water and raw materials for producing the product concerned; and income tax reductions and exemptions, import tariff rebates and VAT exemptions and rebates.

| (19) | It is alleged that those measures are subsidies since they involve a financial contribution from the Government of the PRC or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product concerned. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable. |
| --- | --- |

(19)

It is alleged that those measures are subsidies since they involve a financial contribution from the Government of the PRC or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product concerned. They are alleged to be contingent upon export performance and/or the use of domestic over imported goods and/or are limited to certain sectors and/or types of enterprises and/or locations, and are therefore specific and countervailable.

| (20) | Therefore, the available evidence at this stage tends to indicate that the exports of the product concerned are benefiting from countervailable subsidies. |
| --- | --- |

(20)

Therefore, the available evidence at this stage tends to indicate that the exports of the product concerned are benefiting from countervailable subsidies.

| (21) | Furthermore, the Commission has at its disposal sufficient evidence that the exporters' dumping and subsidy practices are causing material injury to the Union industry. In the complaint and the subsequent submissions related to the requests for registration, the evidence regarding the price and volume of imports shows a massive increase of imports in absolute terms and in terms of market share in the period between 2013 and 2016. Specifically, the evidence available shows that Chinese exporters have almost doubled the volume of the product concerned imported into the Union, from 2,3 to 4,4 million units (+ 2,1 million units), which resulted in a sharp increase of market share from 13,2 % to 20,9 %. The volume and prices of the product concerned have had a negative impact on the quantities sold and level of the prices charged in the Union market and the market share held by the Union industry. This is resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. The evidence concerning the injury factors set out in Article 3(5) of the basic anti-dumping Regulation and Article 8(4) of the basic anti-subsidy Regulation consists of data contained in the complaints and the subsequent submissions regarding registration, supported by publicly available data from Eurostat. |
| --- | --- |

(21)

Furthermore, the Commission has at its disposal sufficient evidence that the exporters' dumping and subsidy practices are causing material injury to the Union industry. In the complaint and the subsequent submissions related to the requests for registration, the evidence regarding the price and volume of imports shows a massive increase of imports in absolute terms and in terms of market share in the period between 2013 and 2016. Specifically, the evidence available shows that Chinese exporters have almost doubled the volume of the product concerned imported into the Union, from 2,3 to 4,4 million units (+ 2,1 million units), which resulted in a sharp increase of market share from 13,2 % to 20,9 %. The volume and prices of the product concerned have had a negative impact on the quantities sold and level of the prices charged in the Union market and the market share held by the Union industry. This is resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. The evidence concerning the injury factors set out in Article 3(5) of the basic anti-dumping Regulation and Article 8(4) of the basic anti-subsidy Regulation consists of data contained in the complaints and the subsequent submissions regarding registration, supported by publicly available data from Eurostat.

| (22) | In addition, the Commission assessed at this stage whether the injury suffered was difficult repair. Once the customers of the Union industry get accustomed to significantly lower prices from Chinese competitors they are unlikely to accept higher prices from the Union industry even if, hypothetically, the Commission were to impose countervailing measures without retroactive effect in the future. Such threat of permanent loss of market share or reduced income constitutes an injury which is difficult to repair. Moreover, the retreading business of the Union industry may become unsustainable and hard to re-establish if its base is eroded by continuing low-priced imports of new tyres from China. |
| --- | --- |

(22)

In addition, the Commission assessed at this stage whether the injury suffered was difficult repair. Once the customers of the Union industry get accustomed to significantly lower prices from Chinese competitors they are unlikely to accept higher prices from the Union industry even if, hypothetically, the Commission were to impose countervailing measures without retroactive effect in the future. Such threat of permanent loss of market share or reduced income constitutes an injury which is difficult to repair. Moreover, the retreading business of the Union industry may become unsustainable and hard to re-establish if its base is eroded by continuing low-priced imports of new tyres from China.

3.5.   Preclusion of recurrence of injury

Preclusion of recurrence of injury

| (23) | Finally, given the data set out in recital 21 and the considerations laid down in recital 22 the Commission deemed it necessary to prepare the potential retroactive imposition of measures by imposing registration in order to preclude the recurrence of such injury. |
| --- | --- |

(23)

Finally, given the data set out in recital 21 and the considerations laid down in recital 22 the Commission deemed it necessary to prepare the potential retroactive imposition of measures by imposing registration in order to preclude the recurrence of such injury.

4.   PROCEDURE

PROCEDURE

| (24) | Therefore, the Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation and with Article 24(5) of the basic anti-subsidy Regulation. |
| --- | --- |

(24)

Therefore, the Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation and with Article 24(5) of the basic anti-subsidy Regulation.

| (25) | All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard. |
| --- | --- |

(25)

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

5.   REGISTRATION

REGISTRATION

| (26) | Pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions. |
| --- | --- |

(26)

Pursuant to Article 14(5) of the basic anti-dumping Regulation and Article 24(5) of the basic anti-subsidy Regulation imports of the product concerned should be made subject to registration for the purpose of ensuring that, should the investigation result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

| (27) | Any future liability would emanate from the findings of the anti-dumping and the anti-subsidy investigations respectively. |
| --- | --- |

(27)

Any future liability would emanate from the findings of the anti-dumping and the anti-subsidy investigations respectively.

| (28) | The allegations in the complaint requesting the initiation of an anti-dumping investigation estimate an average dumping margin of 74-152 % and an average underselling margin of 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned. |
| --- | --- |

(28)

The allegations in the complaint requesting the initiation of an anti-dumping investigation estimate an average dumping margin of 74-152 % and an average underselling margin of 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned.

ad valorem

| (29) | At this stage of the investigation is not yet possible to estimate the amount of subsidisation.. The allegations in the complaint requesting the initiation of an anti-subsidy investigation estimate an underselling to represent 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the anti-subsidy complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned. |
| --- | --- |

(29)

At this stage of the investigation is not yet possible to estimate the amount of subsidisation.. The allegations in the complaint requesting the initiation of an anti-subsidy investigation estimate an underselling to represent 26 %-37 % for the product concerned. The amount of possible future liability is set at the level of underselling estimated on the basis of the anti-subsidy complaint, namely 26 %-37 % ad valorem on the CIF import value of the product concerned.

ad valorem

6.   PROCESSING OF PERSONAL DATA

PROCESSING OF PERSONAL DATA

| (30) | Any personal data collected in the context of this registration will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6), |
| --- | --- |

(30)

Any personal data collected in the context of this registration will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6),

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HAS ADOPTED THIS REGULATION:

Article 1

1.   The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EU) 2016/1036 and Article 24(5) of Regulation (EU) 2016/1037, to take the appropriate steps to register imports into the Union of new and retreaded tyres for buses or lorries with a load index exceeding 121, currently falling within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012120010) and originating in the People's Republic of China.

2.   Registration shall expire nine months following the date of entry into force of this Regulation.

3.   All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 21 days from the date of publication of this Regulation.

Article 2

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

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

Done at Brussels, 1 February 2018.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  
  OJ L 176, 30.6.2016, p. 55.

2

(3)  
  OJ C 264, 11.8.2017, p. 14.

3

(4)  
  OJ C 346, 14.10.2017, p. 9.

4

(5)  Commission Implementing Regulation (EU) 2015/2325 of 11 December 2015 making imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation subject to registration, OJ L 328, 12.12.2015, p. 104, at recital 9 (namely, an increase of 24 %); Commission Implementing Regulation (EU) 2016/1357 of 9 August 2016 making imports of certain heavy plate of non-alloy or other alloy steel originating in the People's Republic of China subject to registration, OJ L 215, 10.8.2016, p. 23, at recital 7 (namely, an increase of 15 %).

5

(6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

6

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