# Official Journal L 211/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.211.eng |
| --- | --- |
| Official Journal
  of the European Union | L 211 |
| | |
| English edition | Legislation | Volume 5418 August 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.211.eng

Official Journal

of the European Union

L 211

English edition

Legislation

Volume 5418 August 2011

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) No 824/2011 of 12 August 2011 terminating the partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India | 1 |
| | * | Commission Implementing Regulation (EU) No 825/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature | 5 |
| | * | Commission Implementing Regulation (EU) No 826/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature | 7 |
| | * | Commission Implementing Regulation (EU) No 827/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature | 9 |
| | * | Commission Implementing Regulation (EU) No 828/2011 of 17 August 2011 suspending the introduction into the Union of specimens of certain species of wild fauna and flora | 11 |
| | | Commission Implementing Regulation (EU) No 829/2011 of 17 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 33 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Implementing Regulation (EU) No 824/2011 of 12 August 2011 terminating the partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India

1

*

Commission Implementing Regulation (EU) No 825/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature

5

*

Commission Implementing Regulation (EU) No 826/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature

7

*

Commission Implementing Regulation (EU) No 827/2011 of 12 August 2011 concerning the classification of certain goods in the Combined Nomenclature

9

*

Commission Implementing Regulation (EU) No 828/2011 of 17 August 2011 suspending the introduction into the Union of specimens of certain species of wild fauna and flora

11

Commission Implementing Regulation (EU) No 829/2011 of 17 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

33

| 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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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

| 18.8.2011 | EN | Official Journal of the European Union | L 211/1 |
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18.8.2011

EN

Official Journal of the European Union

L 211/1

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COUNCIL IMPLEMENTING REGULATION (EU) No 824/2011

of 12 August 2011

terminating the partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India

THE COUNCIL OF THE EUROPEAN UNION,

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 Article 9 and Article 11(3) and (6) thereof,

Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee,

Whereas:

1.   PROCEDURE

PROCEDURE

1.1.   Existing measures

Existing measures

| (1) | By Regulation (EC) No 1676/2001 (2) (the original Regulation) the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India. On 8 March 2006, by Council Regulation (EC) No 366/2006 (3) (the amending Regulation) and following a partial interim review investigation, the anti-dumping duty on imports of PET film originating in India was amended. |
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(1)

By Regulation (EC) No 1676/2001 (2) (the original Regulation) the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India. On 8 March 2006, by Council Regulation (EC) No 366/2006 (3) (the amending Regulation) and following a partial interim review investigation, the anti-dumping duty on imports of PET film originating in India was amended.

2

3

| (2) | On 6 November 2007, by Council Regulation (EC) No 1292/2007 (4) (the review Regulation) and following an expiry review the definitive anti-dumping duty on imports of PET film originating in India was confirmed. |
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(2)

On 6 November 2007, by Council Regulation (EC) No 1292/2007 (4) (the review Regulation) and following an expiry review the definitive anti-dumping duty on imports of PET film originating in India was confirmed.

4

| (3) | MTZ Polyfilms Ltd (MTZ Polyfilms), an Indian exporting producer which cooperated with the above investigations, obtained an individual duty rate by the original Regulation. This duty rate was revised by the amending Regulation. |
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(3)

MTZ Polyfilms Ltd (MTZ Polyfilms), an Indian exporting producer which cooperated with the above investigations, obtained an individual duty rate by the original Regulation. This duty rate was revised by the amending Regulation.

| (4) | On 19 May 2006, MTZ Polyfilms lodged an application (5) at the General Court (‘the Court of First Instance’ before the entry into force of the Lisbon Treaty) seeking the annulment of the amending Regulation in so far as it applies to MTZ Polyfilms. |
| --- | --- |

(4)

On 19 May 2006, MTZ Polyfilms lodged an application (5) at the General Court (‘the Court of First Instance’ before the entry into force of the Lisbon Treaty) seeking the annulment of the amending Regulation in so far as it applies to MTZ Polyfilms.

5

| (5) | By its judgment of 17 November 2009 in Case T-143/06 (6), the General Court annulled the amending Regulation to the extent that it imposed an anti-dumping duty on MTZ Polyfilms (the judgment). The General Court found that the amending Regulation was adopted on an incorrect legal basis. It considered, in particular, that Article 11(3) of the basic Regulation could not serve as a legal basis allowing the institutions, when determining the export price, not to apply the methodology prescribed by Article 2(8) and (9) of the basic Regulation. |
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(5)

By its judgment of 17 November 2009 in Case T-143/06 (6), the General Court annulled the amending Regulation to the extent that it imposed an anti-dumping duty on MTZ Polyfilms (the judgment). The General Court found that the amending Regulation was adopted on an incorrect legal basis. It considered, in particular, that Article 11(3) of the basic Regulation could not serve as a legal basis allowing the institutions, when determining the export price, not to apply the methodology prescribed by Article 2(8) and (9) of the basic Regulation.

6

| (6) | On 13 May 2011, by Implementing Regulation (EU) No 469/2011 (7) the definitive anti-dumping duty on imports of PET film originating in India was amended in view of the expiry of the up till then parallel countervailing duty on 9 March 2011. |
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(6)

On 13 May 2011, by Implementing Regulation (EU) No 469/2011 (7) the definitive anti-dumping duty on imports of PET film originating in India was amended in view of the expiry of the up till then parallel countervailing duty on 9 March 2011.

7

1.2.   Partial reopening

Partial reopening

| (7) | On 20 May 2010 a notice (8) was published in the Official Journal of the European Union. In the notice parties were informed that, in view of the judgment of the General Court mentioned in recital 5, imports into the European Union of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures imposed by the amending Regulation and the review Regulation, and that definitive anti-dumping duties paid pursuant to these regulations for the product concerned manufactured by MTZ Polyfilms should be repaid or remitted. |
| --- | --- |

(7)

On 20 May 2010 a notice (8) was published in the Official Journal of the European Union. In the notice parties were informed that, in view of the judgment of the General Court mentioned in recital 5, imports into the European Union of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures imposed by the amending Regulation and the review Regulation, and that definitive anti-dumping duties paid pursuant to these regulations for the product concerned manufactured by MTZ Polyfilms should be repaid or remitted.

8

Official Journal of the European Union

| (8) | The notice also partially reopened the relevant anti-dumping interim review investigation concerning imports of PET film originating, inter alia, in India in order to implement the above judgment of the General Court as far as MTZ Polyfilms is concerned. |
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(8)

The notice also partially reopened the relevant anti-dumping interim review investigation concerning imports of PET film originating, inter alia, in India in order to implement the above judgment of the General Court as far as MTZ Polyfilms is concerned.

| (9) | Moreover, by the same notice, MTZ Polyfilms was invited, should it consider that aspects of the findings which led to the adoption of the amending Regulation other than the one mentioned in recital 5 were no longer valid, to present a duly substantiated request for review in accordance with the provisions of Article 11(3) of the basic Regulation. |
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(9)

Moreover, by the same notice, MTZ Polyfilms was invited, should it consider that aspects of the findings which led to the adoption of the amending Regulation other than the one mentioned in recital 5 were no longer valid, to present a duly substantiated request for review in accordance with the provisions of Article 11(3) of the basic Regulation.

| (10) | The Commission officially advised MTZ Polyfilms, the representatives of the exporting country, the other Indian exporting producers which cooperated in the investigation that led to the adoption of the amending Regulation, and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to be heard within the time limit set out in the notice. |
| --- | --- |

(10)

The Commission officially advised MTZ Polyfilms, the representatives of the exporting country, the other Indian exporting producers which cooperated in the investigation that led to the adoption of the amending Regulation, and the Union industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to be heard within the time limit set out in the notice.

| (11) | Representations were received from two exporting producers in India (one being the party directly concerned, i.e. MTZ Polyfilms) and the Union industry. |
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(11)

Representations were received from two exporting producers in India (one being the party directly concerned, i.e. MTZ Polyfilms) and the Union industry.

2.   IMPLEMENTATION OF THE JUDGMENT

IMPLEMENTATION OF THE JUDGMENT

2.1.   Preliminary remark

Preliminary remark

| (12) | As a preliminary remark it is important to note that MTZ Polyfilms did not reply to the invitation referred to in recital 9. |
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(12)

As a preliminary remark it is important to note that MTZ Polyfilms did not reply to the invitation referred to in recital 9.

2.2.   Comments of interested parties

Comments of interested parties

| (13) | MTZ Polyfilms argued that a partial reopening of a review investigation is illegal because there is no specific provision in the basic Regulation allowing for a possibility to reopen an investigation. The same company also submitted that the Commission’s reference in the notice referred to in recital 7 to the judgment in the IPS case (IPS judgment) (9) was erroneous as that judgment concerned an anti-dumping proceeding which had been initiated in a different legal framework as under the basic Regulation in force at that time, an anti-dumping proceeding consisted of several stages which included the initial investigation and all subsequent review investigations. The IPS judgment therefore dealt with the possibility of opening a new investigation within the framework of an ongoing proceeding. The distinction between a proceeding and an investigation had been written out of the basic Regulation in 1995 and, in the present case, the Commission had not initiated a new investigation in the framework of a proceeding but reopened an investigation which, according to MTZ Polyfilms, had already been concluded by the imposition of definitive measures.
  MTZ Polyfilms submitted that the IPS case could not serve as a precedent because it was based on Council Regulation (EЕC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (10) (the old basic Regulation), under which mandatory deadlines, in particular the maximum time for concluding a review investigation of 15 months from the date of initiation, did not yet apply. It argued that in this case, the 15 months deadline had lapsed soon after the reopening on 20 May 2010, since the amended measures were imposed more than 14 months after the initiation of the partial interim review investigation. Finally, according to MTZ Polyfilms, the judgment required no implementing measures, since the judgment is clear in all material aspects, simple and without any specific reservation and/or qualification annulling the amending Regulation as far as it concerned imports into the Union of PET film manufactured by MTZ Polyfilms. |
| --- | --- |

(13)

MTZ Polyfilms argued that a partial reopening of a review investigation is illegal because there is no specific provision in the basic Regulation allowing for a possibility to reopen an investigation. The same company also submitted that the Commission’s reference in the notice referred to in recital 7 to the judgment in the IPS case (IPS judgment) (9) was erroneous as that judgment concerned an anti-dumping proceeding which had been initiated in a different legal framework as under the basic Regulation in force at that time, an anti-dumping proceeding consisted of several stages which included the initial investigation and all subsequent review investigations. The IPS judgment therefore dealt with the possibility of opening a new investigation within the framework of an ongoing proceeding. The distinction between a proceeding and an investigation had been written out of the basic Regulation in 1995 and, in the present case, the Commission had not initiated a new investigation in the framework of a proceeding but reopened an investigation which, according to MTZ Polyfilms, had already been concluded by the imposition of definitive measures.

9

MTZ Polyfilms submitted that the IPS case could not serve as a precedent because it was based on Council Regulation (EЕC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (10) (the old basic Regulation), under which mandatory deadlines, in particular the maximum time for concluding a review investigation of 15 months from the date of initiation, did not yet apply. It argued that in this case, the 15 months deadline had lapsed soon after the reopening on 20 May 2010, since the amended measures were imposed more than 14 months after the initiation of the partial interim review investigation. Finally, according to MTZ Polyfilms, the judgment required no implementing measures, since the judgment is clear in all material aspects, simple and without any specific reservation and/or qualification annulling the amending Regulation as far as it concerned imports into the Union of PET film manufactured by MTZ Polyfilms.

10

| (14) | Another Indian exporting producer of PET film, which had cooperated with the interim review, argued that, as in calculating its dumping margin the institutions had applied the same approach as the one which had been condemned by the General Court in its judgment, the institutions should now also revise the methodology for calculating dumping of this company, resulting in the absence of a dumping margin. |
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(14)

Another Indian exporting producer of PET film, which had cooperated with the interim review, argued that, as in calculating its dumping margin the institutions had applied the same approach as the one which had been condemned by the General Court in its judgment, the institutions should now also revise the methodology for calculating dumping of this company, resulting in the absence of a dumping margin.

| (15) | The Union industry claimed that, since the General Court had annulled the amending Regulation in so far as it imposed an anti-dumping duty on MTZ Polyfilms, the individual duty rate calculated and imposed in 2001 should be reimposed as, in the interim review, MTZ Polyfilms was still found to be dumping by a considerable margin. In this respect, it also pointed to a long-standing pattern of circumvention and origin fraud allegedly practised by the Indian exporters. Moreover, it alleged that there was a huge existing overcapacity in India and that in several other major world markets trade defence measures were in place against Indian PET film, which would inevitably lead to greater import volumes on the Union market of PET film manufactured by MTZ Polyfilms. |
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(15)

The Union industry claimed that, since the General Court had annulled the amending Regulation in so far as it imposed an anti-dumping duty on MTZ Polyfilms, the individual duty rate calculated and imposed in 2001 should be reimposed as, in the interim review, MTZ Polyfilms was still found to be dumping by a considerable margin. In this respect, it also pointed to a long-standing pattern of circumvention and origin fraud allegedly practised by the Indian exporters. Moreover, it alleged that there was a huge existing overcapacity in India and that in several other major world markets trade defence measures were in place against Indian PET film, which would inevitably lead to greater import volumes on the Union market of PET film manufactured by MTZ Polyfilms.

| (16) | The Union industry also called on the Commission to ensure the registration of imports as it considered that the two conditions for such registration laid down in Article 10(4) of the basic Regulation had been met. |
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(16)

The Union industry also called on the Commission to ensure the registration of imports as it considered that the two conditions for such registration laid down in Article 10(4) of the basic Regulation had been met.

2.3.   Analysis of comments

Analysis of comments

| (17) | In respect of the alleged illegality of the reopening, it is recalled that in its IPS judgment the General Court recognised that in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of the amending Regulation in relation to one party does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Moreover, according to Article 266 of the Treaty on the Functioning of the European Union (TFEU), the Union institutions are required to comply with the judgment. This also implies the possibility of remedying the aspects of the amending Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the Court of Justice judgment — as was held in case C-458/98 P (11) (the IPS appeal case). In the light of the above, the claim that there is no legal basis for the partial reopening of a review investigation was found to be unwarranted. |
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(17)

In respect of the alleged illegality of the reopening, it is recalled that in its IPS judgment the General Court recognised that in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of the amending Regulation in relation to one party does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Moreover, according to Article 266 of the Treaty on the Functioning of the European Union (TFEU), the Union institutions are required to comply with the judgment. This also implies the possibility of remedying the aspects of the amending Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the Court of Justice judgment — as was held in case C-458/98 P (11) (the IPS appeal case). In the light of the above, the claim that there is no legal basis for the partial reopening of a review investigation was found to be unwarranted.

11

| (18) | The claim that the introduction of deadlines to conclude anti-dumping investigations prevents the Commission from following the approach underlying the IPS case was also found to be unwarranted. It is considered that this deadline is not relevant for the implementation of a Court of Justice judgment. Indeed, such deadline only governs the completion of the initial review investigation from the date of initiation to the date of definitive action, and does not concern any subsequent action that might have to be taken for instance as a result of judicial review. It should be noted that the General Court has not handed down any judgments which apply this reasoning, as that would make it impossible to finalise any anti-dumping investigation which was annulled by the General Court in order to take account of the General Court’s findings (as Article 266 TFEU requires). Indeed, the General Court’s judgment will always be handed down at a point in time when the deadline for the investigation has expired. |
| --- | --- |

(18)

The claim that the introduction of deadlines to conclude anti-dumping investigations prevents the Commission from following the approach underlying the IPS case was also found to be unwarranted. It is considered that this deadline is not relevant for the implementation of a Court of Justice judgment. Indeed, such deadline only governs the completion of the initial review investigation from the date of initiation to the date of definitive action, and does not concern any subsequent action that might have to be taken for instance as a result of judicial review. It should be noted that the General Court has not handed down any judgments which apply this reasoning, as that would make it impossible to finalise any anti-dumping investigation which was annulled by the General Court in order to take account of the General Court’s findings (as Article 266 TFEU requires). Indeed, the General Court’s judgment will always be handed down at a point in time when the deadline for the investigation has expired.

| (19) | Concerning the claim of the other Indian exporting producer of PET film, it is recalled that the General Court annulled the amending Regulation only to the extent that it imposes an anti-dumping duty on MTZ Polyfilms. As a consequence, the judgment is no basis for revisiting the approach and/or calculations with regard to other exporting producers. Therefore, this claim has to be rejected. |
| --- | --- |

(19)

Concerning the claim of the other Indian exporting producer of PET film, it is recalled that the General Court annulled the amending Regulation only to the extent that it imposes an anti-dumping duty on MTZ Polyfilms. As a consequence, the judgment is no basis for revisiting the approach and/or calculations with regard to other exporting producers. Therefore, this claim has to be rejected.

| (20) | Concerning the Union industry’s claim mentioned in recital 15, the reasoning in recital 17 is equally valid, i.e. case-law has established that, if the Court of Justice judges that an illegality has taken place, the Commission can resume an investigation procedure at the point just before the illegality occurred. Therefore, there is no immediate need to resort to previously established data, as argued by the Union industry. |
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(20)

Concerning the Union industry’s claim mentioned in recital 15, the reasoning in recital 17 is equally valid, i.e. case-law has established that, if the Court of Justice judges that an illegality has taken place, the Commission can resume an investigation procedure at the point just before the illegality occurred. Therefore, there is no immediate need to resort to previously established data, as argued by the Union industry.

| (21) | Concerning the Union industry’s request for registration of imports, based on the information in the request and according to the statistical data available to the Commission it was concluded that the condition mentioned in Article 10(4)(b) of the basic Regulation, i.e. a substantial rise in the imports concerned, was not met (see also recital 24). The request for registration was therefore rejected. |
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(21)

Concerning the Union industry’s request for registration of imports, based on the information in the request and according to the statistical data available to the Commission it was concluded that the condition mentioned in Article 10(4)(b) of the basic Regulation, i.e. a substantial rise in the imports concerned, was not met (see also recital 24). The request for registration was therefore rejected.

2.4.   Investigation

Investigation

| (22) | As mentioned in recital 5, the General Court annulled the amending Regulation as far as MTZ Polyfilms is concerned as it considered that Article 11(3) of the basic Regulation cannot serve as a legal basis allowing the institutions, when determining the export price, to depart from the methodology prescribed by Article 2(8) and (9) of the basic Regulation. It is also noted that all findings in the review Regulation, other than the ones which the General Court found to be erroneous, remain formally valid. This applies, in particular, to the finding that there were significant changes in circumstances justifying an amendment to the anti-dumping duty applicable to MTZ Polyfilms. Therefore, this aspect of the review was not reinvestigated in the context of the current procedure. During the review investigation period (RIP), MTZ Polyfilms exported the product concerned to the Union under a price undertaking and these sales respected the terms of the undertaking, i.e. were at prices which were above the agreed minimum prices. For the reasons explained in the review Regulation, it is confirmed that the export prices to the Union during the RIP cannot be used to calculate the dumping margin of MTZ Polyfilms. |
| --- | --- |

(22)

As mentioned in recital 5, the General Court annulled the amending Regulation as far as MTZ Polyfilms is concerned as it considered that Article 11(3) of the basic Regulation cannot serve as a legal basis allowing the institutions, when determining the export price, to depart from the methodology prescribed by Article 2(8) and (9) of the basic Regulation. It is also noted that all findings in the review Regulation, other than the ones which the General Court found to be erroneous, remain formally valid. This applies, in particular, to the finding that there were significant changes in circumstances justifying an amendment to the anti-dumping duty applicable to MTZ Polyfilms. Therefore, this aspect of the review was not reinvestigated in the context of the current procedure. During the review investigation period (RIP), MTZ Polyfilms exported the product concerned to the Union under a price undertaking and these sales respected the terms of the undertaking, i.e. were at prices which were above the agreed minimum prices. For the reasons explained in the review Regulation, it is confirmed that the export prices to the Union during the RIP cannot be used to calculate the dumping margin of MTZ Polyfilms.

| (23) | In view of the above considerations, the current investigation was limited to an analysis of the facts available to the institutions regarding the export activities of MTZ Polyfilms. In this respect, as the Court of Justice has held in the IPS judgment, the institutions, when resuming an anti-dumping investigation following a judgment annulling a regulation imposing anti-dumping duties, are entitled to take account of recent information, including information dating from after the original investigation period. It also follows from the IPS judgment that this possibility to take recent information into account applies also to reviews, which is the case at hand here. |
| --- | --- |

(23)

In view of the above considerations, the current investigation was limited to an analysis of the facts available to the institutions regarding the export activities of MTZ Polyfilms. In this respect, as the Court of Justice has held in the IPS judgment, the institutions, when resuming an anti-dumping investigation following a judgment annulling a regulation imposing anti-dumping duties, are entitled to take account of recent information, including information dating from after the original investigation period. It also follows from the IPS judgment that this possibility to take recent information into account applies also to reviews, which is the case at hand here.

| (24) | It is noted that after the coming into effect of the amending Regulation, and according to the available statistical information, import volumes of PET film manufactured by MTZ Polyfilms decreased strongly and even ceased as from 2008. Furthermore, the Council notes that the judgment annulling the review Regulation as far as MTZ Polyfilms is concerned was delivered on 17 November 2009. The notice referred to in recital 7, which indicated that following the General Court judgment the imports of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures, was published on 20 May 2010. This means that for more than one year those imports have only been subject to countervailing and customs duties, and not to an anti-dumping duty. In that context, the data gathered on the basis of Article 14(6) of the basic Regulation indicate that during recent years no such imports have taken place. |
| --- | --- |

(24)

It is noted that after the coming into effect of the amending Regulation, and according to the available statistical information, import volumes of PET film manufactured by MTZ Polyfilms decreased strongly and even ceased as from 2008. Furthermore, the Council notes that the judgment annulling the review Regulation as far as MTZ Polyfilms is concerned was delivered on 17 November 2009. The notice referred to in recital 7, which indicated that following the General Court judgment the imports of PET film manufactured by MTZ Polyfilms were no longer subject to the anti-dumping measures, was published on 20 May 2010. This means that for more than one year those imports have only been subject to countervailing and customs duties, and not to an anti-dumping duty. In that context, the data gathered on the basis of Article 14(6) of the basic Regulation indicate that during recent years no such imports have taken place.

2.5.   Conclusion

Conclusion

| (25) | In the light of all the abovementioned circumstances, in particular the limited scope of the investigation at hand, which, in the light of the General Court judgment, did not re-examine the findings on the existence of changed circumstances and the unavailability of a reliable export price, the Council concludes that the recalculation of a dumping margin for MTZ Polyfilms and the reimposition of an anti-dumping duty on exports of PET film manufactured by MTZ Polyfilms would be inappropriate. As a consequence, it is concluded that the review investigation which was opened with a view to implement the General Court’s findings should be terminated without reimposing a duty. |
| --- | --- |

(25)

In the light of all the abovementioned circumstances, in particular the limited scope of the investigation at hand, which, in the light of the General Court judgment, did not re-examine the findings on the existence of changed circumstances and the unavailability of a reliable export price, the Council concludes that the recalculation of a dumping margin for MTZ Polyfilms and the reimposition of an anti-dumping duty on exports of PET film manufactured by MTZ Polyfilms would be inappropriate. As a consequence, it is concluded that the review investigation which was opened with a view to implement the General Court’s findings should be terminated without reimposing a duty.

| (26) | All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to terminate the partial reopening of the anti-dumping interim review investigation concerning imports of PET film originating in India. Comments were received from the Union industry which reiterated, as already presented in recital 15, that the individual duty rate calculated and imposed in 2001 should be reimposed on MTZ Polyfilms, and expressed the view that the decrease in exports to the Union by MTZ Polyfilms does not mean that in the future the company is not likely to engage in injurious dumping. The Union industry also pointed out that the overall volume of imports of PET film from India had recently increased. The comments in recital 15 have already been addressed in recital 20. As regards the likely future behaviour of MTZ Polyfilms, it is considered that the absence of any imports from the company for a significant period of time, during which they were subject to low duty rates, as explained in recital 24, sufficiently demonstrates that the company is not likely to engage in injurious dumping. Despite the fact that recently imports from India have increased, the imports from MTZ Polyfilms have remained at zero, |
| --- | --- |

(26)

All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to terminate the partial reopening of the anti-dumping interim review investigation concerning imports of PET film originating in India. Comments were received from the Union industry which reiterated, as already presented in recital 15, that the individual duty rate calculated and imposed in 2001 should be reimposed on MTZ Polyfilms, and expressed the view that the decrease in exports to the Union by MTZ Polyfilms does not mean that in the future the company is not likely to engage in injurious dumping. The Union industry also pointed out that the overall volume of imports of PET film from India had recently increased. The comments in recital 15 have already been addressed in recital 20. As regards the likely future behaviour of MTZ Polyfilms, it is considered that the absence of any imports from the company for a significant period of time, during which they were subject to low duty rates, as explained in recital 24, sufficiently demonstrates that the company is not likely to engage in injurious dumping. Despite the fact that recently imports from India have increased, the imports from MTZ Polyfilms have remained at zero,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The partial reopening of the anti-dumping interim review investigation concerning imports of polyethylene terephthalate (PET) film originating in India and manufactured by MTZ Polyfilms is hereby terminated.

2.   Imports of PET film originating in India and manufactured by MTZ Polyfilms shall not be subject to an anti-dumping duty pursuant to this proceeding.

Article 2

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

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

Done at Brussels, 12 August 2011.

For the Council

The President

M. DOWGIELEWICZ

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

1

(2)  
  OJ L 227, 23.8.2001, p. 1.

2

(3)  
  OJ L 68, 8.3.2006, p. 6.

3

(4)  
  OJ L 288, 6.11.2007, p. 1.

4

(5)  
  OJ C 178, 29.7.2006, p. 34.

5

(6)  Case T-143/06 MTZ Polyfilms v Council [2009] ECR II-4133.

6

MTZ Polyfilms

Council

(7)  
  OJ L 129, 17.5.2011, p. 1.

7

(8)  
  OJ C 131, 20.5.2010, p. 3.

8

(9)  Case T-2/95 Industrie des Poudres Sphériques v Council [1998] ECR II-3939.

9

Industrie des Poudres Sphériques

Council

(10)  
  OJ L 209, 2.8.1988, p. 1.

10

(11)  Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] ECR I-8147.

11

Industrie des Poudres Sphériques

Council

---

| 18.8.2011 | EN | Official Journal of the European Union | L 211/5 |
| --- | --- | --- | --- |

18.8.2011

EN

Official Journal of the European Union

L 211/5

---

COMMISSION IMPLEMENTING REGULATION (EU) No 825/2011

of 12 August 2011

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

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

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

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

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

(3)

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

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

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

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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, 12 August 2011.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

---

ANNEX

| Description of the goods | Classification
  CN code | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Styrene butadiene copolymer in primary form.
  This copolymer is manufactured by mixing styrene butadiene rubber latex (SBR) with high styrene content resin.
  The final product consists of a mixture of styrene butadiene copolymers with a proportion of styrene of 65 % by weight or more. | 3903 90 90 | Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1, 4 and 6 to Chapter 39, Note 4 (a) and 4 (c) to Chapter 40, subheading Note 1 to Chapter 39 and the wording of CN codes 3903 , 3903 90 and 3903 90 90 .
  Styrene butadiene copolymers with a proportion of styrene of 65 % by weight or more do not comply with the definition of synthetic rubbers referred to in Note 4 (a) to Chapter 40 since once these products are vulcanised with sulphur, they do not fulfil the elongation and recovery requirements indicated in that Note.
  Therefore the product is to be classified under CN code 3903 90 90 as other styrene polymers. |

Description of the goods

Classification

CN code

Reasons

(1)

(2)

(3)

Styrene butadiene copolymer in primary form.

This copolymer is manufactured by mixing styrene butadiene rubber latex (SBR) with high styrene content resin.

The final product consists of a mixture of styrene butadiene copolymers with a proportion of styrene of 65 % by weight or more.

3903 90 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1, 4 and 6 to Chapter 39, Note 4 (a) and 4 (c) to Chapter 40, subheading Note 1 to Chapter 39 and the wording of CN codes 3903 , 3903 90 and 3903 90 90 .

Styrene butadiene copolymers with a proportion of styrene of 65 % by weight or more do not comply with the definition of synthetic rubbers referred to in Note 4 (a) to Chapter 40 since once these products are vulcanised with sulphur, they do not fulfil the elongation and recovery requirements indicated in that Note.

Therefore the product is to be classified under CN code 3903 90 90 as other styrene polymers.

---

| 18.8.2011 | EN | Official Journal of the European Union | L 211/7 |
| --- | --- | --- | --- |

18.8.2011

EN

Official Journal of the European Union

L 211/7

---

COMMISSION IMPLEMENTING REGULATION (EU) No 826/2011

of 12 August 2011

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

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

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

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

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

(3)

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

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

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

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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, 12 August 2011.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Tablets in different colours and shapes of animals with an average weight of ca. 950 mg each, put up for retail sale, one tablet consisting of (% by weight):






  — | sucrose 61 |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Tablets in different colours and shapes of animals with an average weight of ca. 950 mg each, put up for retail sale, one tablet consisting of (% by weight):

—

sucrose 61

| — | starch 2,4 |
| --- | --- |

—

starch 2,4

Additionally one tablet has a content of:

| — | vitamin A (50 % as retinol acetate: 375 μg and 50 % as beta carotene: 2 252  μg) |
| --- | --- |

—

vitamin A (50 % as retinol acetate: 375 μg and 50 % as beta carotene: 2 252  μg)

| — | vitamin B1 1,05 mg |
| --- | --- |

—

vitamin B1 1,05 mg

| — | vitamin B2 1,2 mg |
| --- | --- |

—

vitamin B2 1,2 mg

| — | vitamin B3 13,5 mg |
| --- | --- |

—

vitamin B3 13,5 mg

| — | vitamin B6 1,05 mg |
| --- | --- |

—

vitamin B6 1,05 mg

| — | vitamin B9 300 μg |
| --- | --- |

—

vitamin B9 300 μg

| — | vitamin B12 4,5 μg |
| --- | --- |

—

vitamin B12 4,5 μg

| — | vitamin C 60 mg |
| --- | --- |

—

vitamin C 60 mg

| — | vitamin D 10 μg |
| --- | --- |

—

vitamin D 10 μg

| — | vitamin E 10 mg |
| --- | --- |

—

vitamin E 10 mg

Furthermore the following substances are present: stearic acid, maleic acid, magnesium stearate, sodium bisulfite, gluten, cotton-seed oil, silicon dioxide, citric acid, gelatine, calcium carbonate, mono- and diglycerides, natural and artificial fragrances, and food colouring agents.

The recommended daily dose indicated on the label is one tablet per day.

According to the label the product is for human consumption.

2106 90 98

Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 29, Additional Note 1 to Chapter 30 and the wording of CN codes 2106 , 2106 90 and 2106 90 98 .

Due to its composition the product does not have the characteristics of a sugar confectionery of heading 1704 (see also the Harmonized System Explanatory Notes to Chapter 17, General, point (b)).

Due to the presence of substances which are not covered by Note 1(a), (b), (c), (f) or (g) to Chapter 29, the product is to be excluded from that Chapter.

The product does not meet the requirements of Additional Note 1 to Chapter 30 as no statements on the use for specific diseases, ailments or their symptoms are given, and therefore cannot be classified under heading 3004 .

Given its characteristics the product is to be classified as a food preparation of heading 2106 .

---

| 18.8.2011 | EN | Official Journal of the European Union | L 211/9 |
| --- | --- | --- | --- |

18.8.2011

EN

Official Journal of the European Union

L 211/9

---

COMMISSION IMPLEMENTING REGULATION (EU) No 827/2011

of 12 August 2011

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

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

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

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

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

(3)

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

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

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

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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, 12 August 2011.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Blue polymethine dye (fluorescent dye) diluted in a mixture of the solvents ethylene glycol and methanol.
  Composition (% by weight):







  — | Ethylene glycol | 96,9 |
| — | Methanol | 3,0 |
| — | Polymethine dye | 0,002 |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Blue polymethine dye (fluorescent dye) diluted in a mixture of the solvents ethylene glycol and methanol.

Composition (% by weight):

—

Ethylene glycol

96,9

—

Methanol

3,0

—

Polymethine dye

0,002

The product is meant to be used in automatic blood analysers. It is used for staining leukocytes by means of fluorescent marking after they have undergone a specific preparatory treatment. The product is put up in a small, labelled container for use in laboratories.

3212 90 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Section VI and the wording of CN codes 3212 and 3212 90 00 .

Colouring matter of heading 3204 put up for retail sale is classified under heading 3212 . Such products are not covered by heading 3822 and therefore the product in question cannot be classified under that heading as a diagnostic or laboratory reagent. See also the products excluded from heading 3822 under point (c) of the Harmonized System Explanatory Notes (HSEN) to that heading.

According to its characteristics, the product is a dye within the meaning of heading 3212 , and is used for the purposes of staining.

Due to the fact that the product is classifiable under heading 3212 and is put up in measured doses or for retail sale, it fulfils the provisions of Note 2 to Section VI. Thus, it is to be classified under this heading and under no other heading of the nomenclature. See also the third paragraph of point C of the HSEN to heading 3212 .

---

| 18.8.2011 | EN | Official Journal of the European Union | L 211/11 |
| --- | --- | --- | --- |

18.8.2011

EN

Official Journal of the European Union

L 211/11

---

COMMISSION IMPLEMENTING REGULATION (EU) No 828/2011

of 17 August 2011

suspending the introduction into the Union of specimens of certain species of wild fauna and flora

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 19(1) thereof,

After consulting the Scientific Review Group,

Whereas:

| (1) | Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Union in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2). |
| --- | --- |

(1)

Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Union in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2).

| (2) | A list of species for which the introduction into the Union is suspended was established in Commission Regulation (EU) No 997/2010 of 5 November 2010 suspending the introduction into the Union of specimens of certain species of wild fauna and flora (3). |
| --- | --- |

(2)

A list of species for which the introduction into the Union is suspended was established in Commission Regulation (EU) No 997/2010 of 5 November 2010 suspending the introduction into the Union of specimens of certain species of wild fauna and flora (3).

| (3) | On the basis of recent information, the Scientific Review Group has concluded that the conservation status of Sagittarius serpentarius, listed in Annex B to Regulation (EC) No 338/97, will be seriously jeopardised if its introduction into the Union from Tanzania is not suspended. The introduction of Sagittarius serpentarius from Tanzania should therefore be suspended. |
| --- | --- |

(3)

On the basis of recent information, the Scientific Review Group has concluded that the conservation status of Sagittarius serpentarius, listed in Annex B to Regulation (EC) No 338/97, will be seriously jeopardised if its introduction into the Union from Tanzania is not suspended. The introduction of Sagittarius serpentarius from Tanzania should therefore be suspended.

| (4) | The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Union of the following species should no longer be required:






  — | Lynx lynx (Hunting trophies) from Azerbaijan; |
| --- | --- | --- |

(4)

The Scientific Review Group has also concluded that, on the basis of the most recent available information, the suspension of the introduction into the Union of the following species should no longer be required:

—

Lynx lynx (Hunting trophies) from Azerbaijan;

| — | Hexaprotodon liberiensis from Guinea; |
| --- | --- |

—

Hexaprotodon liberiensis from Guinea;

| — | Moschus anhuiensis, Moschus berezovskii, Moschus chrysogaster, Moschus fuscus and Moschus moschiferus from China; |
| --- | --- |

—

Moschus anhuiensis, Moschus berezovskii, Moschus chrysogaster, Moschus fuscus and Moschus moschiferus from China;

| — | Uromastyx aegyptia from Egypt; |
| --- | --- |

—

Uromastyx aegyptia from Egypt;

| — | Chamaeleo ellioti from Burundi; |
| --- | --- |

—

Chamaeleo ellioti from Burundi;

| — | Chamaeleo pfefferi from Cameroon; |
| --- | --- |

—

Chamaeleo pfefferi from Cameroon;

| — | Varanus exanthematicus (ranched specimens lesser than or equal to 35 cm total length), Varanus niloticus (ranched specimens lesser than or equal to 35 cm total length) and Kinixys belliana (ranched specimens lesser than or equal to 5 cm straight carapace length) from Benin; |
| --- | --- |

—

Varanus exanthematicus (ranched specimens lesser than or equal to 35 cm total length), Varanus niloticus (ranched specimens lesser than or equal to 35 cm total length) and Kinixys belliana (ranched specimens lesser than or equal to 5 cm straight carapace length) from Benin;

| — | Varanus niloticus from Burundi and Mozambique; |
| --- | --- |

—

Varanus niloticus from Burundi and Mozambique;

| — | Varanus salvator from China, India and Singapore; |
| --- | --- |

—

Varanus salvator from China, India and Singapore;

| — | Python reticulatus from India and Singapore; |
| --- | --- |

—

Python reticulatus from India and Singapore;

| — | Aldabrachelys gigantea from the Seychelles; |
| --- | --- |

—

Aldabrachelys gigantea from the Seychelles;

| — | Geochelone elegans from Pakistan; |
| --- | --- |

—

Geochelone elegans from Pakistan;

| — | Geochelone platynota from Myanmar; |
| --- | --- |

—

Geochelone platynota from Myanmar;

| — | Indotestudo elongata from Bangladesh, China and India. |
| --- | --- |

—

Indotestudo elongata from Bangladesh, China and India.

| (5) | The countries of origin of the species which are subject to new restrictions to introduction into the Union pursuant to this Regulation have all been consulted. |
| --- | --- |

(5)

The countries of origin of the species which are subject to new restrictions to introduction into the Union pursuant to this Regulation have all been consulted.

| (6) | The species names for Pachypodium sofiense and Euphorbia suzannae-marnierae have been adapted to latest official CITES references. Technical errors under the phylum MOLLUSCA have been corrected as well. |
| --- | --- |

(6)

The species names for Pachypodium sofiense and Euphorbia suzannae-marnierae have been adapted to latest official CITES references. Technical errors under the phylum MOLLUSCA have been corrected as well.

| (7) | The list of species for which the introduction into the Union is suspended should therefore be amended and Regulation (EU) No 997/2010 should be, for reasons of clarity, replaced. |
| --- | --- |

(7)

The list of species for which the introduction into the Union is suspended should therefore be amended and Regulation (EU) No 997/2010 should be, for reasons of clarity, replaced.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Union of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is suspended.

Article 2

Regulation (EU) No 997/2010 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 3

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, 17 August 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 61, 3.3.1997, p.1.

1

(2)  
  OJ L 166, 19.6.2006, p.1.

2

(3)  
  OJ L 290, 6.11.2010, p. 4.

3

---

ANNEX

Specimens of species included in Annex A to Regulation (EC) No 338/97 whose introduction into the Union is suspended

| Species | Source(s) covered | Specimen(s) covered | Countries of origin | Basis in Article 4(6), Point: |
| --- | --- | --- | --- | --- |
| FAUNA |
| CHORDATA |
| MAMMALIA |
| ARTIODACTYLA |
| Bovidae |
| Capra falconeri | Wild | Hunting trophies | Uzbekistan | (a) |
| CARNIVORA |
| Canidae |
| Canis lupus | Wild | Hunting trophies | Belarus, Kyrgyzstan, Turkey | (a) |
| Felidae |
| Ursidae |
| Ursus arctos | Wild | Hunting trophies | Canada (British Columbia) | (a) |
| Ursus thibetanus | Wild | Hunting trophies | Russia | (a) |
| AVES |
| FALCONIFORMES |
| Falconidae |
| Falco cherrug | Wild | All | Armenia, Bahrain, Iraq, Mauritania, Tajikistan | (a) |

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), Point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Capra falconeri

Wild

Hunting trophies

Uzbekistan

(a)

CARNIVORA

Canidae

Canis lupus

Wild

Hunting trophies

Belarus, Kyrgyzstan, Turkey

(a)

Felidae

Ursidae

Ursus arctos

Wild

Hunting trophies

Canada (British Columbia)

(a)

Ursus thibetanus

Wild

Hunting trophies

Russia

(a)

AVES

FALCONIFORMES

Falconidae

Falco cherrug

Wild

All

Armenia, Bahrain, Iraq, Mauritania, Tajikistan

(a)

Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Union is suspended

| Species | Source(s) covered | Specimen(s) covered | Countries of origin | Basis in Article 4(6), Point: |
| --- | --- | --- | --- | --- |
| FAUNA |
| CHORDATA |
| MAMMALIA |
| ARTIODACTYLA |
| Bovidae |
| Ovis vignei bocharensis | Wild | All | Uzbekistan | (b) |
| Saiga borealis | Wild | All | Russia | (b) |
| Saiga tatarica | Wild | All | Kazakhstan, Russia | (b) |
| Cervidae |
| Cervus elaphus bactrianus | Wild | All | Uzbekistan | (b) |
| Hippopotamidae |
| Hexaprotodon liberiensis (synonym Choeropsis liberiensis) | Wild | All | Nigeria | (b) |
| Hippopotamus amphibius | Wild | All | Gambia, Niger, Nigeria, Sierra Leone, Togo | (b) |
| Moschidae |
| Moschus moschiferus | Wild | All | Russia | (b) |
| CARNIVORA |
| Eupleridae |
| Cryptoprocta ferox | Wild | All | Madagascar | (b) |
| Felidae |
| Panthera leo | Wild | All | Ethiopia | (b) |
| Profelis aurata | Wild | All | Togo | (b) |
| Mustelidae |
| Hydrictis maculicollis | Wild | All | Tanzania | (b) |
| Odobenidae |
| Odobenus rosmarus | Wild | All | Greenland | (b) |
| MONOTREMATA |
| Tachyglossidae |
| Zaglossus bartoni | Wild | All | Indonesia, Papua New Guinea | (b) |
| Zaglossus bruijni | Wild | All | Indonesia | (b) |
| PHOLIDOTA |
| Manidae |
| Manis temminckii | Wild | All | Democratic Republic of the Congo | (b) |
| PRIMATES |
| Atelidae |
| Alouatta guariba | Wild | All | All | (b) |
| Ateles belzebuth | Wild | All | All | (b) |
| Ateles fusciceps | Wild | All | All | (b) |
| Ateles geoffroyi | Wild | All | All | (b) |
| Ateles hybridus | Wild | All | All | (b) |
| Lagothrix lagotricha | Wild | All | All | (b) |
| Lagothrix lugens | Wild | All | All | (b) |
| Lagothrix poeppigii | Wild | All | All | (b) |
| Cebidae |
| Callithrix geoffroyi (synonym C. jacchus geoffroyi) | Wild | All | Brazil | (b) |
| Cercopithecidae |
| Cercopithecus erythrogaster | Wild | All | All | (b) |
| Cercopithecus erythrotis | Wild | All | All | (b) |
| Cercopithecus hamlyni | Wild | All | All | (b) |
| Cercopithecus mona | Wild | All | Togo | (b) |
| Cercopithecus petaurista | Wild | All | Togo | (b) |
| Cercopithecus pogonias | Wild | All | Nigeria | (b) |
| Cercopithecus preussi (synonym C. lhoesti preussi) | Wild | All | Nigeria | (b) |
| Colobus vellerosus | Wild | All | Nigeria, Togo | (b) |
| Lophocebus albigena (synonym Cercocebus albigena) | Wild | All | Nigeria | (b) |
| Macaca cyclopis | Wild | All | All | (b) |
| Macaca sylvanus | Wild | All | Algeria, Morocco | (b) |
| Piliocolobus badius (synonym Colobus badius) | Wild | All | All | (b) |
| Galagidae |
| Euoticus pallidus (synonym Galago elegantulus pallidus) | Wild | All | Nigeria | (b) |
| Galago matschiei (synonym G. inustus) | Wild | All | Rwanda | (b) |
| Lorisidae |
| Arctocebus calabarensis | Wild | All | Nigeria | (b) |
| Perodicticus potto | Wild | All | Togo | (b) |
| Pithecidae |
| Chiropotes chiropotes | Wild | All | Guyana | (b) |
| Pithecia pithecia | Wild | All | Guyana | (b) |
| AVES |
| ANSERIFORMES |
| Anatidae |
| Oxyura jamaicensis | All | Live | All | (d) |
| CICONIIFORMES |
| Balaenicipitidae |
| Balaeniceps rex | Wild | All | Tanzania | (b) |
| FALCONIFORMES |
| Accipitridae |
| Accipiter erythropus | Wild | All | Guinea | (b) |
| Accipiter melanoleucus | Wild | All | Guinea | (b) |
| Accipiter ovampensis | Wild | All | Guinea | (b) |
| Aquila rapax | Wild | All | Guinea | (b) |
| Aviceda cuculoides | Wild | All | Guinea | (b) |
| Gyps africanus | Wild | All | Guinea | (b) |
| Gyps bengalensis | Wild | All | All | (b) |
| Gyps indicus | Wild | All | All | (b) |
| Gyps rueppellii | Wild | All | Guinea | (b) |
| Gyps tenuirostris | Wild | All | All | (b) |
| Hieraaetus ayresii | Wild | All | Cameroon, Guinea, Togo | (b) |
| Hieraaetus spilogaster | Wild | All | Guinea, Togo | (b) |
| Leucopternis lacernulatus | Wild | All | Brazil | (b) |
| Lophaetus occipitalis | Wild | All | Guinea | (b) |
| Macheiramphus alcinus | Wild | All | Guinea | (b) |
| Polemaetus bellicosus | Wild | All | Cameroon, Guinea, Togo | (b) |
| Spizaetus africanus | Wild | All | Guinea | (b) |
| Stephanoaetus coronatus | Wild | All | Côte d'Ivoire, Guinea, Togo | (b) |
| Torgos tracheliotus | Wild | All | Cameroon, Sudan | (b) |
| Trigonoceps occipitalis | Wild | All | Côte d’Ivoire, Guinea | (b) |
| Urotriorchis macrourus | Wild | All | Guinea | (b) |
| Falconidae |
| Falco chicquera | Wild | All | Guinea, Togo | (b) |
| Sagittariidae |
| Sagittarius serpentarius | Wild | All | Cameroon, Guinea, Tanzania, Togo | (b) |
| GRUIFORMES |
| Gruidae |
| Balearica pavonina | Wild | All | Guinea, Mali | (b) |
| Balearica regulorum | Wild | All | Botswana, Burundi, Democratic Republic of the Congo, Kenya, South Africa, Zambia, Zimbabwe | (b) |
| Bugeranus carunculatus | Wild | All | South Africa, Tanzania | (b) |
| PSITTACIFORMES |
| Loriidae |
| Charmosyna diadema | Wild | All | All | (b) |
| Psittacidae |
| Agapornis fischeri | Wild | All | Tanzania | (b) |
| Agapornis nigrigenis | Wild | All | All | (b) |
| Agapornis pullarius | Wild | All | Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Mali, Togo | (b) |
| Amazona autumnalis | Wild | All | Ecuador | (b) |
| Ara chloropterus | Wild | All | Argentina, Panama | (b) |
| Ara severus | Wild | All | Guyana | (b) |
| Aratinga acuticaudata | Wild | All | Uruguay | (b) |
| Aratinga auricapillus | Wild | All | All | (b) |
| Coracopsis vasa | Wild | All | Madagascar | (b) |
| Cyanoliseus patagonus | Wild | All | Chile, Uruguay | (b) |
| Deroptyus accipitrinus | Wild | All | Peru, Surinam | (b) |
| Hapalopsittaca amazonina | Wild | All | All | (b) |
| Hapalopsittaca pyrrhops | Wild | All | All | (b) |
| Leptosittaca branickii | Wild | All | All | (b) |
| Poicephalus gulielmi | Wild | All | Cameroon, Côte d’Ivoire, Congo, Guinea | (b) |
| Poicephalus robustus | Wild | All | Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Mali, Nigeria, Togo, Uganda | (b) |
| Psittacus erithacus | Wild | All | Benin, Equatorial Guinea, Liberia, Nigeria | (b) |
| Psittacus erithacus timneh | Wild | All | Guinea, Guinea-Bissau | (b) |
| Psittrichas fulgidus | Wild | All | All | (b) |
| Pyrrhura caeruleiceps | Wild | All | Colombia | (b) |
| Pyrrhura pfrimeri | Wild | All | Brazil | (b) |
| Pyrrhura subandina | Wild | All | Colombia | (b) |
| Triclaria malachitacea | Wild | All | Argentina, Brazil | (b) |
| STRIGIFORMES |
| Strigidae |
| Asio capensis | Wild | All | Guinea | (b) |
| Bubo lacteus | Wild | All | Guinea | (b) |
| Bubo poensis | Wild | All | Guinea | (b) |
| Glaucidium capense | Wild | All | Rwanda | (b) |
| Glaucidium perlatum | Wild | All | Cameroon, Guinea | (b) |
| Ptilopsis leucotis | Wild | All | Guinea | (b) |
| Scotopelia bouvieri | Wild | All | Cameroon | (b) |
| Scotopelia peli | Wild | All | Guinea | (b) |
| REPTILIA |
| CROCODYLIA |
| Alligatoridae |
| Caiman crocodilus | Wild | All | El Salvador, Guatemala, Mexico | (b) |
| Palaeosuchus trigonatus | Wild | All | Guyana | (b) |
| Crocodylidae |
| Crocodylus niloticus | Wild | All | Madagascar | (b) |
| SAURIA |
| Agamidae |
| Uromastyx dispar | Wild | All | Algeria, Mali, Sudan | (b) |
| Uromastyx geyri | Wild | All | Mali, Niger | (b) |
| Chamaeleonidae |
| Brookesia decaryi | Wild | All | Madagascar | (b) |
| Calumma ambreense | Wild | All | Madagascar | (b) |
| Calumma andringitraense | Wild | All | Madagascar | (b) |
| Calumma boettgeri | Wild | All | Madagascar | (b) |
| Calumma brevicorne | Wild | All | Madagascar | (b) |
| Calumma capuroni | Wild | All | Madagascar | (b) |
| Calumma cucullatum | Wild | All | Madagascar | (b) |
| Calumma fallax | Wild | All | Madagascar | (b) |
| Calumma furcifer | Wild | All | Madagascar | (b) |
| Calumma gallus | Wild | All | Madagascar | (b) |
| Calumma gastrotaenia | Wild | All | Madagascar | (b) |
| Calumma glawi | Wild | All | Madagascar | (b) |
| Calumma globifer | Wild | All | Madagascar | (b) |
| Calumma guibei | Wild | All | Madagascar | (b) |
| Calumma guillaumeti | Wild | All | Madagascar | (b) |
| Calumma hilleniusi | Wild | All | Madagascar | (b) |
| Calumma linota | Wild | All | Madagascar | (b) |
| Calumma malthe | Wild | All | Madagascar | (b) |
| Calumma marojezense | Wild | All | Madagascar | (b) |
| Calumma nasutum | Wild | All | Madagascar | (b) |
| Calumma oshaughnessyi | Wild | All | Madagascar | (b) |
| Calumma parsonii | Wild | All | Madagascar | (b) |
| Calumma peyrierasi | Wild | All | Madagascar | (b) |
| Calumma tsaratananense | Wild | All | Madagascar | (b) |
| Calumma vatosoa | Wild | All | Madagascar | (b) |
| Calumma vencesi | Wild | All | Madagascar | (b) |
| Chamaeleo camerunensis | Wild | All | Cameroon | (b) |
| Chamaeleo deremensis | Wild | All | Tanzania | (b) |
| Chamaeleo eisentrauti | Wild | All | Cameroon | (b) |
| Chamaeleo feae | Wild | All | Equatorial Guinea | (b) |
| Chamaeleo fuelleborni | Wild | All | Tanzania | (b) |
| Chamaeleo gracilis | Wild | All | Benin | (b) |
| Ranched | All | Benin | (b) |
| Ranched | Snout to vent length greater than 8 cm | Togo | (b) |
| Chamaeleo montium | Wild | All | Cameroon | (b) |
| Chamaeleo senegalensis | Ranched | Snout to vent length greater than 6 cm | Togo | (b) |
| Chamaeleo werneri | Wild | All | Tanzania | (b) |
| Chamaeleo wiedersheimi | Wild | All | Cameroon | (b) |
| Furcifer angeli | Wild | All | Madagascar | (b) |
| Furcifer antimena | Wild | All | Madagascar | (b) |
| Furcifer balteatus | Wild | All | Madagascar | (b) |
| Furcifer belalandaensis | Wild | All | Madagascar | (b) |
| Furcifer bifidus | Wild | All | Madagascar | (b) |
| Furcifer campani | Wild | All | Madagascar | (b) |
| Furcifer labordi | Wild | All | Madagascar | (b) |
| Furcifer minor | Wild | All | Madagascar | (b) |
| Furcifer monoceras | Wild | All | Madagascar | (b) |
| Furcifer nicosiai | Wild | All | Madagascar | (b) |
| Furcifer petteri | Wild | All | Madagascar | (b) |
| Furcifer rhinoceratus | Wild | All | Madagascar | (b) |
| Furcifer tuzetae | Wild | All | Madagascar | (b) |
| Furcifer willsii | Wild | All | Madagascar | (b) |
| Cordylidae |
| Cordylus mossambicus | Wild | All | Mozambique | (b) |
| Cordylus tropidosternum | Wild | All | Mozambique | (b) |
| Cordylus vittifer | Wild | All | Mozambique | (b) |
| Gekkonidae |
| Phelsuma abbotti | Wild | All | Madagascar | (b) |
| Phelsuma antanosy | Wild | All | Madagascar | (b) |
| Phelsuma barbouri | Wild | All | Madagascar | (b) |
| Phelsuma berghofi | Wild | All | Madagascar | (b) |
| Phelsuma breviceps | Wild | All | Madagascar | (b) |
| Phelsuma comorensis | Wild | All | Comoros | (b) |
| Phelsuma dubia | Wild | All | Comoros, Madagascar | (b) |
| Phelsuma flavigularis | Wild | All | Madagascar | (b) |
| Phelsuma guttata | Wild | All | Madagascar | (b) |
| Phelsuma hielscheri | Wild | All | Madagascar | (b) |
| Phelsuma klemmeri | Wild | All | Madagascar | (b) |
| Phelsuma laticauda | Wild | All | Comoros | (b) |
| Phelsuma malamakibo | Wild | All | Madagascar | (b) |
| Phelsuma masohoala | Wild | All | Madagascar | (b) |
| Phelsuma modesta | Wild | All | Madagascar | (b) |
| Phelsuma mutabilis | Wild | All | Madagascar | (b) |
| Phelsuma pronki | Wild | All | Madagascar | (b) |
| Phelsuma pusilla | Wild | All | Madagascar | (b) |
| Phelsuma seippi | Wild | All | Madagascar | (b) |
| Phelsuma serraticauda | Wild | All | Madagascar | (b) |
| Phelsuma standingi | Wild | All | Madagascar | (b) |
| Phelsuma v-nigra | Wild | All | Comoros | (b) |
| Uroplatus ebenaui | Wild | All | Madagascar | (b) |
| Uroplatus fimbriatus | Wild | All | Madagascar | (b) |
| Uroplatus guentheri | Wild | All | Madagascar | (b) |
| Uroplatus henkeli | Wild | All | Madagascar | (b) |
| Uroplatus lineatus | Wild | All | Madagascar | (b) |
| Uroplatus malama | Wild | All | Madagascar | (b) |
| Uroplatus phantasticus | Wild | All | Madagascar | (b) |
| Uroplatus pietschmanni | Wild | All | Madagascar | (b) |
| Uroplatus sikorae | Wild | All | Madagascar | (b) |
| Helodermatidae |
| Heloderma suspectum | Wild | All | Mexico, United States | (b) |
| Iguanidae |
| Iguana iguana | Wild | All | El Salvador | (b) |
| Scincidae |
| Corucia zebrata | Wild | All | Solomon Islands | (b) |
| Varanidae |
| Varanus beccarii | Wild | All | Indonesia | (b) |
| Varanus dumerilii | Wild | All | Indonesia | (b) |
| Varanus exanthematicus | Wild | All | Benin, Togo | (b) |
| Ranched | Greater than 35 cm total length | Benin, Togo | (b) |
| Varanus jobiensis (synonym V. karlschmidti) | Wild | All | Indonesia | (b) |
| Varanus niloticus | Wild | All | Benin, Togo | (b) |
| Ranched | Greater than 35 cm total length | Benin | (b) |
| Ranched | All | Togo | (b) |
| Varanus ornatus | Wild | All | Togo | (b) |
| Ranched | All | Togo | (b) |
| Varanus salvadorii | Wild | All | Indonesia | (b) |
| SERPENTES |
| Boidae |
| Boa constrictor | Wild | All | El Salvador, Honduras | (b) |
| Calabaria reinhardtii | Wild | All | Togo | (b) |
| Ranched | All | Benin, Togo | (b) |
| Eunectes murinus | Wild | All | Paraguay | (b) |
| Elapidae |
| Naja atra | Wild | All | Laos | (b) |
| Naja kaouthia | Wild | All | Laos | (b) |
| Naja siamensis | Wild | All | Laos | (b) |
| Pythonidae |
| Liasis fuscus | Wild | All | Indonesia | (b) |
| Morelia boeleni | Wild | All | Indonesia | (b) |
| Python molurus | Wild | All | China | (b) |
| Python natalensis | Ranched | All | Mozambique | (b) |
| Python regius | Wild | All | Benin, Guinea | (b) |
| Python reticulatus | Wild | All | Malaysia (Peninsular) | (b) |
| Python sebae | Wild | All | Mauritania | (b) |
| TESTUDINES |
| Emydidae |
| Chrysemys picta | All | Live | All | (d) |
| Trachemys scripta elegans | All | Live | All | (d) |
| Geoemydidae |
| Batagur borneoensis | Wild | All | All | (b) |
| Cuora amboinensis | Wild | All | Indonesia, Malaysia, Vietnam | (b) |
| Cuora galbinifrons | Wild | All | China, Laos, Vietnam | (b) |
| Heosemys spinosa | Wild | All | Indonesia | (b) |
| Leucocephalon yuwonoi | Wild | All | Indonesia | (b) |
| Malayemys subtrijuga | Wild | All | Indonesia | (b) |
| Notochelys platynota | Wild | All | Indonesia | (b) |
| Siebenrockiella crassicollis | Wild | All | Indonesia | (b) |
| Podocnemididae |
| Erymnochelys madagascariensis | Wild | All | Madagascar | (b) |
| Peltocephalus dumerilianus | Wild | All | Guyana | (b) |
| Podocnemis lewyana | Wild | All | All | (b) |
| Podocnemis unifilis | Wild | All | Suriname | (b) |
| Testudinidae |
| Chelonoidis denticulata | Wild | All | Bolivia, Ecuador | (b) |
| Geochelone sulcata | Ranched | All | Benin, Togo | (b) |
| Gopherus agassizii | Wild | All | All | (b) |
| Gopherus berlandieri | Wild | All | All | (b) |
| Indotestudo forstenii | Wild | All | All | (b) |
| Indotestudo travancorica | Wild | All | All | (b) |
| Kinixys belliana | Wild | All | Mozambique | (b) |
| Ranched | Greater than 5 cm straight carapace length | Benin | (b) |
| Kinixys homeana | Wild | All | Benin, Togo | (b) |
| Ranched | All | Benin | (b) |
| Kinixys spekii | Wild | All | Mozambique | (b) |
| Manouria emys | Wild | All | Indonesia | (b) |
| Manouria impressa | Wild | All | Vietnam | (b) |
| Stigmochelys pardalis | Wild | All | Democratic Republic of the Congo, Mozambique, Uganda | (b) |
| Ranched | All | Mozambique, Zambia | (b) |
| Source “F” (1) | All | Zambia | (b) |
| Testudo horsfieldii | Wild | All | Kazakhstan | (b) |
| Trionychidae |
| Amyda cartilaginea | Wild | All | Indonesia | (b) |
| Chitra chitra | Wild | All | Malaysia | (b) |
| Pelochelys cantorii | Wild | All | Indonesia | (b) |
| AMPHIBIA |
| ANURA |
| Dendrobatidae |
| Cryptophyllobates azureiventris | Wild | All | Peru | (b) |
| Dendrobates variabilis | Wild | All | Peru | (b) |
| Dendrobates ventrimaculatus | Wild | All | Peru | (b) |
| Mantellidae |
| Mantella aurantiaca | Wild | All | Madagascar | (b) |
| Mantella bernhardi | Wild | All | Madagascar | (b) |
| Mantella crocea | Wild | All | Madagascar | (b) |
| Mantella expectata | Wild | All | Madagascar | (b) |
| Mantella milotympanum (syn. M. aurantiaca milotympanum) | Wild | All | Madagascar | (b) |
| Mantella viridis | Wild | All | Madagascar | (b) |
| Microhylidae |
| Scaphiophryne gottlebei | Wild | All | Madagascar | (b) |
| Ranidae |
| Conraua goliath | Wild | All | Cameroon | (b) |
| Rana catesbeiana | All | Live | All | (d) |
| ACTINOPTERYGII |
| PERCIFORMES |
| Labridae |
| Cheilinus undulatus | Wild | All | Indonesia | (b) |
| SYNGNATHIFORMES |
| Syngnathidae |
| Hippocampus barbouri | Wild | All | Indonesia | (b) |
| Hippocampus comes | Wild | All | Indonesia | (b) |
| Hippocampus histrix | Wild | All | Indonesia | (b) |
| Hippocampus kelloggi | Wild | All | Indonesia | (b) |
| Hippocampus kuda | Wild | All | Indonesia, Vietnam | (b) |
| Hippocampus spinosissimus | Wild | All | Indonesia | (b) |
| ARTHROPODA |
| ARACHNIDA |
| ARANEAE |
| Theraphosidae |
| Brachypelma albopilosum | Wild | All | Nicaragua | (b) |
| SCORPIONES |
| Scorpionidae |
| Pandinus imperator | Ranched | All | Benin | (b) |
| INSECTA |
| LEPIDOPTERA |
| Papilionidae |
| Ornithoptera croesus | Wild | All | Indonesia | (b) |
| Ornithoptera urvillianus | Wild | All | Solomon Islands | (b) |
| Ranched | All | Solomon Islands | (b) |
| Ornithoptera victoriae | Wild | All | Solomon Islands | (b) |
| Ranched | All | Solomon Islands | (b) |
| MOLLUSCA |
| BIVALVIA |
| VENEROIDA |
| Tridacnidae |
| Hippopus hippopus | Wild | All | New Caledonia, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna crocea | Wild | All | Fiji, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna derasa | Wild | All | Fiji, New Caledonia, Philippines, Palau, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna gigas | Wild | All | Fiji, Marshall Islands, Micronesia, Palau, Papua New Guinea, Solomon Islands, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna maxima | Wild | All | Micronesia, Fiji, Marshall Islands, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna rosewateri | Wild | All | Mozambique | (b) |
| Tridacna squamosa | Wild | All | Fiji, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam | (b) |
| Tridacna tevoroa | Wild | All | Tonga | (b) |
| GASTROPODA |
| MESOGASTROPODA |
| Strombidae |
| Strombus gigas | Wild | All | Grenada, Haiti | (b) |
| CNIDARIA |
| ANTHOZOA |
| HELIOPORACEA |
| Helioporidae |
| Heliopora coerulea | Wild | All | Solomon Islands | (b) |
| SCLERACTINIA |
| Agariciidae |
| Agaricia agaricites | Wild | All | Haiti | (b) |
| Caryophylliidae |
| Catalaphyllia jardinei | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Catalaphyllia jardinei | Wild | All | Solomon Islands | (b) |
| Euphyllia cristata | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Euphyllia divisa | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Euphyllia fimbriata | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Plerogyra spp. | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Faviidae |
| Favites halicora | Wild | All | Tonga | (b) |
| Platygyra sinensis | Wild | All | Tonga | (b) |
| Merulinidae |
| Hydnophora microconos | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Mussidae |
| Acanthastrea hemprichii | Wild | All | Tonga | (b) |
| Blastomussa spp. | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Cynarina lacrymalis | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Scolymia vitiensis | Wild | All | Tonga | (b) |
| Scolymia vitiensis | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| Pocilloporidae |
| Seriatopora stellata | Wild | All | Indonesia | (b) |
| Trachyphylliidae |
| Trachyphyllia geoffroyi | Wild | All | Fiji | (b) |
| Trachyphyllia geoffroyi | Wild | All except maricultured specimens attached to artificial substrates | Indonesia | (b) |
| FLORA |
| Amaryllidaceae |
| Galanthus nivalis | Wild | All | Bosnia and Herzegovina, Switzerland, Ukraine | (b) |
| Apocynaceae |
| Pachypodium inopinatum | Wild | All | Madagascar | (b) |
| Pachypodium rosulatum | Wild | All | Madagascar | (b) |
| Pachypodium sofiense | Wild | All | Madagascar | (b) |
| Cycadaceae |
| Cycadaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | (b) |
| Euphorbiaceae |
| Euphorbia ankarensis | Wild | All | Madagascar | (b) |
| Euphorbia banae | Wild | All | Madagascar | (b) |
| Euphorbia berorohae | Wild | All | Madagascar | (b) |
| Euphorbia bongolavensis | Wild | All | Madagascar | (b) |
| Euphorbia bulbispina | Wild | All | Madagascar | (b) |
| Euphorbia duranii | Wild | All | Madagascar | (b) |
| Euphorbia fianarantsoae | Wild | All | Madagascar | (b) |
| Euphorbia guillauminiana | Wild | All | Madagascar | (b) |
| Euphorbia iharanae | Wild | All | Madagascar | (b) |
| Euphorbia kondoi | Wild | All | Madagascar | (b) |
| Euphorbia labatii | Wild | All | Madagascar | (b) |
| Euphorbia lophogona | Wild | All | Madagascar | (b) |
| Euphorbia millotii | Wild | All | Madagascar | (b) |
| Euphorbia neohumbertii | Wild | All | Madagascar | (b) |
| Euphorbia pachypodioides | Wild | All | Madagascar | (b) |
| Euphorbia razafindratsirae | Wild | All | Madagascar | (b) |
| Euphorbia suzannae-marnierae | Wild | All | Madagascar | (b) |
| Euphorbia waringiae | Wild | All | Madagascar | (b) |
| Orchidaceae |
| Anacamptis pyramidalis | Wild | All | Switzerland, Turkey | (b) |
| Barlia robertiana | Wild | All | Turkey | (b) |
| Cephalanthera rubra | Wild | All | Norway | (b) |
| Cypripedium japonicum | Wild | All | China, North Korea, Japan, South Korea | (b) |
| Cypripedium macranthos | Wild | All | South Korea, Russia | (b) |
| Cypripedium margaritaceum | Wild | All | China | (b) |
| Cypripedium micranthum | Wild | All | China | (b) |
| Dactylorhiza latifolia | Wild | All | Norway | (b) |
| Dactylorhiza romana | Wild | All | Turkey | (b) |
| Dactylorhiza russowii | Wild | All | Norway | (b) |
| Dactylorhiza traunsteineri | Wild | All | Liechtenstein | (b) |
| Dendrobium bellatulum | Wild | All | Vietnam | (b) |
| Dendrobium nobile | Wild | All | Laos | (b) |
| Dendrobium wardianum | Wild | All | Vietnam | (b) |
| Himantoglossum hircinum | Wild | All | Switzerland | (b) |
| Nigritella nigra | Wild | All | Norway | (b) |
| Ophrys holoserica | Wild | All | Turkey | (b) |
| Ophrys insectifera | Wild | All | Liechtenstein, Norway, | (b) |
| Ophrys pallida | Wild | All | Algeria | (b) |
| Ophrys sphegodes | Wild | All | Switzerland | (b) |
| Ophrys tenthredinifera | Wild | All | Turkey | (b) |
| Ophrys umbilicata | Wild | All | Turkey | (b) |
| Orchis coriophora | Wild | All | Russia, Switzerland | (b) |
| Orchis italica | Wild | All | Turkey | (b) |
| Orchis laxiflora | Wild | All | Switzerland | (b) |
| Orchis mascula | Wild/ Ranched | All | Albania | (b) |
| Orchis morio | Wild | All | Turkey | (b) |
| Orchis pallens | Wild | All | Russia | (b) |
| Orchis provincialis | Wild | All | Switzerland | (b) |
| Orchis punctulata | Wild | All | Turkey | (b) |
| Orchis purpurea | Wild | All | Switzerland, Turkey | (b) |
| Orchis simia | Wild | All | Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Switzerland, Turkey | (b) |
| Orchis tridentata | Wild | All | Turkey | (b) |
| Orchis ustulata | Wild | All | Russia | (b) |
| Phalaenopsis parishii | Wild | All | Vietnam | (b) |
| Serapias cordigera | Wild | All | Turkey | (b) |
| Serapias parviflora | Wild | All | Turkey | (b) |
| Serapias vomeracea | Wild | All | Switzerland, Turkey | (b) |
| Spiranthes spiralis | Wild | All | Liechtenstein, Switzerland | (b) |
| Primulaceae |
| Cyclamen intaminatum | Wild | All | Turkey | (b) |
| Cyclamen mirabile | Wild | All | Turkey | (b) |
| Cyclamen pseudibericum | Wild | All | Turkey | (b) |
| Cyclamen trochopteranthum | Wild | All | Turkey | (b) |
| Stangeriaceae |
| Stangeriaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | (b) |
| Zamiaceae |
| Zamiaceae spp. | Wild | All | Madagascar, Mozambique, Vietnam | (b) |

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), Point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Ovis vignei bocharensis

Wild

All

Uzbekistan

(b)

Saiga borealis

Wild

All

Russia

(b)

Saiga tatarica

Wild

All

Kazakhstan, Russia

(b)

Cervidae

Cervus elaphus bactrianus

Wild

All

Uzbekistan

(b)

Hippopotamidae

Hexaprotodon liberiensis (synonym Choeropsis liberiensis)

Wild

All

Nigeria

(b)

Hippopotamus amphibius

Wild

All

Gambia, Niger, Nigeria, Sierra Leone, Togo

(b)

Moschidae

Moschus moschiferus

Wild

All

Russia

(b)

CARNIVORA

Eupleridae

Cryptoprocta ferox

Wild

All

Madagascar

(b)

Felidae

Panthera leo

Wild

All

Ethiopia

(b)

Profelis aurata

Wild

All

Togo

(b)

Mustelidae

Hydrictis maculicollis

Wild

All

Tanzania

(b)

Odobenidae

Odobenus rosmarus

Wild

All

Greenland

(b)

MONOTREMATA

Tachyglossidae

Zaglossus bartoni

Wild

All

Indonesia, Papua New Guinea

(b)

Zaglossus bruijni

Wild

All

Indonesia

(b)

PHOLIDOTA

Manidae

Manis temminckii

Wild

All

Democratic Republic of the Congo

(b)

PRIMATES

Atelidae

Alouatta guariba

Wild

All

All

(b)

Ateles belzebuth

Wild

All

All

(b)

Ateles fusciceps

Wild

All

All

(b)

Ateles geoffroyi

Wild

All

All

(b)

Ateles hybridus

Wild

All

All

(b)

Lagothrix lagotricha

Wild

All

All

(b)

Lagothrix lugens

Wild

All

All

(b)

Lagothrix poeppigii

Wild

All

All

(b)

Cebidae

Callithrix geoffroyi (synonym C. jacchus geoffroyi)

Wild

All

Brazil

(b)

Cercopithecidae

Cercopithecus erythrogaster

Wild

All

All

(b)

Cercopithecus erythrotis

Wild

All

All

(b)

Cercopithecus hamlyni

Wild

All

All

(b)

Cercopithecus mona

Wild

All

Togo

(b)

Cercopithecus petaurista

Wild

All

Togo

(b)

Cercopithecus pogonias

Wild

All

Nigeria

(b)

Cercopithecus preussi (synonym C. lhoesti preussi)

Wild

All

Nigeria

(b)

Colobus vellerosus

Wild

All

Nigeria, Togo

(b)

Lophocebus albigena (synonym Cercocebus albigena)

Wild

All

Nigeria

(b)

Macaca cyclopis

Wild

All

All

(b)

Macaca sylvanus

Wild

All

Algeria, Morocco

(b)

Piliocolobus badius (synonym Colobus badius)

Wild

All

All

(b)

Galagidae

Euoticus pallidus (synonym Galago elegantulus pallidus)

Wild

All

Nigeria

(b)

Galago matschiei (synonym G. inustus)

Wild

All

Rwanda

(b)

Lorisidae

Arctocebus calabarensis

Wild

All

Nigeria

(b)

Perodicticus potto

Wild

All

Togo

(b)

Pithecidae

Chiropotes chiropotes

Wild

All

Guyana

(b)

Pithecia pithecia

Wild

All

Guyana

(b)

AVES

ANSERIFORMES

Anatidae

Oxyura jamaicensis

All

Live

All

(d)

CICONIIFORMES

Balaenicipitidae

Balaeniceps rex

Wild

All

Tanzania

(b)

FALCONIFORMES

Accipitridae

Accipiter erythropus

Wild

All

Guinea

(b)

Accipiter melanoleucus

Wild

All

Guinea

(b)

Accipiter ovampensis

Wild

All

Guinea

(b)

Aquila rapax

Wild

All

Guinea

(b)

Aviceda cuculoides

Wild

All

Guinea

(b)

Gyps africanus

Wild

All

Guinea

(b)

Gyps bengalensis

Wild

All

All

(b)

Gyps indicus

Wild

All

All

(b)

Gyps rueppellii

Wild

All

Guinea

(b)

Gyps tenuirostris

Wild

All

All

(b)

Hieraaetus ayresii

Wild

All

Cameroon, Guinea, Togo

(b)

Hieraaetus spilogaster

Wild

All

Guinea, Togo

(b)

Leucopternis lacernulatus

Wild

All

Brazil

(b)

Lophaetus occipitalis

Wild

All

Guinea

(b)

Macheiramphus alcinus

Wild

All

Guinea

(b)

Polemaetus bellicosus

Wild

All

Cameroon, Guinea, Togo

(b)

Spizaetus africanus

Wild

All

Guinea

(b)

Stephanoaetus coronatus

Wild

All

Côte d'Ivoire, Guinea, Togo

(b)

Torgos tracheliotus

Wild

All

Cameroon, Sudan

(b)

Trigonoceps occipitalis

Wild

All

Côte d’Ivoire, Guinea

(b)

Urotriorchis macrourus

Wild

All

Guinea

(b)

Falconidae

Falco chicquera

Wild

All

Guinea, Togo

(b)

Sagittariidae

Sagittarius serpentarius

Wild

All

Cameroon, Guinea, Tanzania, Togo

(b)

GRUIFORMES

Gruidae

Balearica pavonina

Wild

All

Guinea, Mali

(b)

Balearica regulorum

Wild

All

Botswana, Burundi, Democratic Republic of the Congo, Kenya, South Africa, Zambia, Zimbabwe

(b)

Bugeranus carunculatus

Wild

All

South Africa, Tanzania

(b)

PSITTACIFORMES

Loriidae

Charmosyna diadema

Wild

All

All

(b)

Psittacidae

Agapornis fischeri

Wild

All

Tanzania

(b)

Agapornis nigrigenis

Wild

All

All

(b)

Agapornis pullarius

Wild

All

Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Mali, Togo

(b)

Amazona autumnalis

Wild

All

Ecuador

(b)

Ara chloropterus

Wild

All

Argentina, Panama

(b)

Ara severus

Wild

All

Guyana

(b)

Aratinga acuticaudata

Wild

All

Uruguay

(b)

Aratinga auricapillus

Wild

All

All

(b)

Coracopsis vasa

Wild

All

Madagascar

(b)

Cyanoliseus patagonus

Wild

All

Chile, Uruguay

(b)

Deroptyus accipitrinus

Wild

All

Peru, Surinam

(b)

Hapalopsittaca amazonina

Wild

All

All

(b)

Hapalopsittaca pyrrhops

Wild

All

All

(b)

Leptosittaca branickii

Wild

All

All

(b)

Poicephalus gulielmi

Wild

All

Cameroon, Côte d’Ivoire, Congo, Guinea

(b)

Poicephalus robustus

Wild

All

Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Mali, Nigeria, Togo, Uganda

(b)

Psittacus erithacus

Wild

All

Benin, Equatorial Guinea, Liberia, Nigeria

(b)

Psittacus erithacus timneh

Wild

All

Guinea, Guinea-Bissau

(b)

Psittrichas fulgidus

Wild

All

All

(b)

Pyrrhura caeruleiceps

Wild

All

Colombia

(b)

Pyrrhura pfrimeri

Wild

All

Brazil

(b)

Pyrrhura subandina

Wild

All

Colombia

(b)

Triclaria malachitacea

Wild

All

Argentina, Brazil

(b)

STRIGIFORMES

Strigidae

Asio capensis

Wild

All

Guinea

(b)

Bubo lacteus

Wild

All

Guinea

(b)

Bubo poensis

Wild

All

Guinea

(b)

Glaucidium capense

Wild

All

Rwanda

(b)

Glaucidium perlatum

Wild

All

Cameroon, Guinea

(b)

Ptilopsis leucotis

Wild

All

Guinea

(b)

Scotopelia bouvieri

Wild

All

Cameroon

(b)

Scotopelia peli

Wild

All

Guinea

(b)

REPTILIA

CROCODYLIA

Alligatoridae

Caiman crocodilus

Wild

All

El Salvador, Guatemala, Mexico

(b)

Palaeosuchus trigonatus

Wild

All

Guyana

(b)

Crocodylidae

Crocodylus niloticus

Wild

All

Madagascar

(b)

SAURIA

Agamidae

Uromastyx dispar

Wild

All

Algeria, Mali, Sudan

(b)

Uromastyx geyri

Wild

All

Mali, Niger

(b)

Chamaeleonidae

Brookesia decaryi

Wild

All

Madagascar

(b)

Calumma ambreense

Wild

All

Madagascar

(b)

Calumma andringitraense

Wild

All

Madagascar

(b)

Calumma boettgeri

Wild

All

Madagascar

(b)

Calumma brevicorne

Wild

All

Madagascar

(b)

Calumma capuroni

Wild

All

Madagascar

(b)

Calumma cucullatum

Wild

All

Madagascar

(b)

Calumma fallax

Wild

All

Madagascar

(b)

Calumma furcifer

Wild

All

Madagascar

(b)

Calumma gallus

Wild

All

Madagascar

(b)

Calumma gastrotaenia

Wild

All

Madagascar

(b)

Calumma glawi

Wild

All

Madagascar

(b)

Calumma globifer

Wild

All

Madagascar

(b)

Calumma guibei

Wild

All

Madagascar

(b)

Calumma guillaumeti

Wild

All

Madagascar

(b)

Calumma hilleniusi

Wild

All

Madagascar

(b)

Calumma linota

Wild

All

Madagascar

(b)

Calumma malthe

Wild

All

Madagascar

(b)

Calumma marojezense

Wild

All

Madagascar

(b)

Calumma nasutum

Wild

All

Madagascar

(b)

Calumma oshaughnessyi

Wild

All

Madagascar

(b)

Calumma parsonii

Wild

All

Madagascar

(b)

Calumma peyrierasi

Wild

All

Madagascar

(b)

Calumma tsaratananense

Wild

All

Madagascar

(b)

Calumma vatosoa

Wild

All

Madagascar

(b)

Calumma vencesi

Wild

All

Madagascar

(b)

Chamaeleo camerunensis

Wild

All

Cameroon

(b)

Chamaeleo deremensis

Wild

All

Tanzania

(b)

Chamaeleo eisentrauti

Wild

All

Cameroon

(b)

Chamaeleo feae

Wild

All

Equatorial Guinea

(b)

Chamaeleo fuelleborni

Wild

All

Tanzania

(b)

Chamaeleo gracilis

Wild

All

Benin

(b)

Ranched

All

Benin

(b)

Ranched

Snout to vent length greater than 8 cm

Togo

(b)

Chamaeleo montium

Wild

All

Cameroon

(b)

Chamaeleo senegalensis

Ranched

Snout to vent length greater than 6 cm

Togo

(b)

Chamaeleo werneri

Wild

All

Tanzania

(b)

Chamaeleo wiedersheimi

Wild

All

Cameroon

(b)

Furcifer angeli

Wild

All

Madagascar

(b)

Furcifer antimena

Wild

All

Madagascar

(b)

Furcifer balteatus

Wild

All

Madagascar

(b)

Furcifer belalandaensis

Wild

All

Madagascar

(b)

Furcifer bifidus

Wild

All

Madagascar

(b)

Furcifer campani

Wild

All

Madagascar

(b)

Furcifer labordi

Wild

All

Madagascar

(b)

Furcifer minor

Wild

All

Madagascar

(b)

Furcifer monoceras

Wild

All

Madagascar

(b)

Furcifer nicosiai

Wild

All

Madagascar

(b)

Furcifer petteri

Wild

All

Madagascar

(b)

Furcifer rhinoceratus

Wild

All

Madagascar

(b)

Furcifer tuzetae

Wild

All

Madagascar

(b)

Furcifer willsii

Wild

All

Madagascar

(b)

Cordylidae

Cordylus mossambicus

Wild

All

Mozambique

(b)

Cordylus tropidosternum

Wild

All

Mozambique

(b)

Cordylus vittifer

Wild

All

Mozambique

(b)

Gekkonidae

Phelsuma abbotti

Wild

All

Madagascar

(b)

Phelsuma antanosy

Wild

All

Madagascar

(b)

Phelsuma barbouri

Wild

All

Madagascar

(b)

Phelsuma berghofi

Wild

All

Madagascar

(b)

Phelsuma breviceps

Wild

All

Madagascar

(b)

Phelsuma comorensis

Wild

All

Comoros

(b)

Phelsuma dubia

Wild

All

Comoros, Madagascar

(b)

Phelsuma flavigularis

Wild

All

Madagascar

(b)

Phelsuma guttata

Wild

All

Madagascar

(b)

Phelsuma hielscheri

Wild

All

Madagascar

(b)

Phelsuma klemmeri

Wild

All

Madagascar

(b)

Phelsuma laticauda

Wild

All

Comoros

(b)

Phelsuma malamakibo

Wild

All

Madagascar

(b)

Phelsuma masohoala

Wild

All

Madagascar

(b)

Phelsuma modesta

Wild

All

Madagascar

(b)

Phelsuma mutabilis

Wild

All

Madagascar

(b)

Phelsuma pronki

Wild

All

Madagascar

(b)

Phelsuma pusilla

Wild

All

Madagascar

(b)

Phelsuma seippi

Wild

All

Madagascar

(b)

Phelsuma serraticauda

Wild

All

Madagascar

(b)

Phelsuma standingi

Wild

All

Madagascar

(b)

Phelsuma v-nigra

Wild

All

Comoros

(b)

Uroplatus ebenaui

Wild

All

Madagascar

(b)

Uroplatus fimbriatus

Wild

All

Madagascar

(b)

Uroplatus guentheri

Wild

All

Madagascar

(b)

Uroplatus henkeli

Wild

All

Madagascar

(b)

Uroplatus lineatus

Wild

All

Madagascar

(b)

Uroplatus malama

Wild

All

Madagascar

(b)

Uroplatus phantasticus

Wild

All

Madagascar

(b)

Uroplatus pietschmanni

Wild

All

Madagascar

(b)

Uroplatus sikorae

Wild

All

Madagascar

(b)

Helodermatidae

Heloderma suspectum

Wild

All

Mexico, United States

(b)

Iguanidae

Iguana iguana

Wild

All

El Salvador

(b)

Scincidae

Corucia zebrata

Wild

All

Solomon Islands

(b)

Varanidae

Varanus beccarii

Wild

All

Indonesia

(b)

Varanus dumerilii

Wild

All

Indonesia

(b)

Varanus exanthematicus

Wild

All

Benin, Togo

(b)

Ranched

Greater than 35 cm total length

Benin, Togo

(b)

Varanus jobiensis (synonym V. karlschmidti)

Wild

All

Indonesia

(b)

Varanus niloticus

Wild

All

Benin, Togo

(b)

Ranched

Greater than 35 cm total length

Benin

(b)

Ranched

All

Togo

(b)

Varanus ornatus

Wild

All

Togo

(b)

Ranched

All

Togo

(b)

Varanus salvadorii

Wild

All

Indonesia

(b)

SERPENTES

Boidae

Boa constrictor

Wild

All

El Salvador, Honduras

(b)

Calabaria reinhardtii

Wild

All

Togo

(b)

Ranched

All

Benin, Togo

(b)

Eunectes murinus

Wild

All

Paraguay

(b)

Elapidae

Naja atra

Wild

All

Laos

(b)

Naja kaouthia

Wild

All

Laos

(b)

Naja siamensis

Wild

All

Laos

(b)

Pythonidae

Liasis fuscus

Wild

All

Indonesia

(b)

Morelia boeleni

Wild

All

Indonesia

(b)

Python molurus

Wild

All

China

(b)

Python natalensis

Ranched

All

Mozambique

(b)

Python regius

Wild

All

Benin, Guinea

(b)

Python reticulatus

Wild

All

Malaysia (Peninsular)

(b)

Python sebae

Wild

All

Mauritania

(b)

TESTUDINES

Emydidae

Chrysemys picta

All

Live

All

(d)

Trachemys scripta elegans

All

Live

All

(d)

Geoemydidae

Batagur borneoensis

Wild

All

All

(b)

Cuora amboinensis

Wild

All

Indonesia, Malaysia, Vietnam

(b)

Cuora galbinifrons

Wild

All

China, Laos, Vietnam

(b)

Heosemys spinosa

Wild

All

Indonesia

(b)

Leucocephalon yuwonoi

Wild

All

Indonesia

(b)

Malayemys subtrijuga

Wild

All

Indonesia

(b)

Notochelys platynota

Wild

All

Indonesia

(b)

Siebenrockiella crassicollis

Wild

All

Indonesia

(b)

Podocnemididae

Erymnochelys madagascariensis

Wild

All

Madagascar

(b)

Peltocephalus dumerilianus

Wild

All

Guyana

(b)

Podocnemis lewyana

Wild

All

All

(b)

Podocnemis unifilis

Wild

All

Suriname

(b)

Testudinidae

Chelonoidis denticulata

Wild

All

Bolivia, Ecuador

(b)

Geochelone sulcata

Ranched

All

Benin, Togo

(b)

Gopherus agassizii

Wild

All

All

(b)

Gopherus berlandieri

Wild

All

All

(b)

Indotestudo forstenii

Wild

All

All

(b)

Indotestudo travancorica

Wild

All

All

(b)

Kinixys belliana

Wild

All

Mozambique

(b)

Ranched

Greater than 5 cm straight carapace length

Benin

(b)

Kinixys homeana

Wild

All

Benin, Togo

(b)

Ranched

All

Benin

(b)

Kinixys spekii

Wild

All

Mozambique

(b)

Manouria emys

Wild

All

Indonesia

(b)

Manouria impressa

Wild

All

Vietnam

(b)

Stigmochelys pardalis

Wild

All

Democratic Republic of the Congo, Mozambique, Uganda

(b)

Ranched

All

Mozambique, Zambia

(b)

Source “F” (1)

All

Zambia

(b)

Testudo horsfieldii

Wild

All

Kazakhstan

(b)

Trionychidae

Amyda cartilaginea

Wild

All

Indonesia

(b)

Chitra chitra

Wild

All

Malaysia

(b)

Pelochelys cantorii

Wild

All

Indonesia

(b)

AMPHIBIA

ANURA

Dendrobatidae

Cryptophyllobates azureiventris

Wild

All

Peru

(b)

Dendrobates variabilis

Wild

All

Peru

(b)

Dendrobates ventrimaculatus

Wild

All

Peru

(b)

Mantellidae

Mantella aurantiaca

Wild

All

Madagascar

(b)

Mantella bernhardi

Wild

All

Madagascar

(b)

Mantella crocea

Wild

All

Madagascar

(b)

Mantella expectata

Wild

All

Madagascar

(b)

Mantella milotympanum (syn. M. aurantiaca milotympanum)

Wild

All

Madagascar

(b)

Mantella viridis

Wild

All

Madagascar

(b)

Microhylidae

Scaphiophryne gottlebei

Wild

All

Madagascar

(b)

Ranidae

Conraua goliath

Wild

All

Cameroon

(b)

Rana catesbeiana

All

Live

All

(d)

ACTINOPTERYGII

PERCIFORMES

Labridae

Cheilinus undulatus

Wild

All

Indonesia

(b)

SYNGNATHIFORMES

Syngnathidae

Hippocampus barbouri

Wild

All

Indonesia

(b)

Hippocampus comes

Wild

All

Indonesia

(b)

Hippocampus histrix

Wild

All

Indonesia

(b)

Hippocampus kelloggi

Wild

All

Indonesia

(b)

Hippocampus kuda

Wild

All

Indonesia, Vietnam

(b)

Hippocampus spinosissimus

Wild

All

Indonesia

(b)

ARTHROPODA

ARACHNIDA

ARANEAE

Theraphosidae

Brachypelma albopilosum

Wild

All

Nicaragua

(b)

SCORPIONES

Scorpionidae

Pandinus imperator

Ranched

All

Benin

(b)

INSECTA

LEPIDOPTERA

Papilionidae

Ornithoptera croesus

Wild

All

Indonesia

(b)

Ornithoptera urvillianus

Wild

All

Solomon Islands

(b)

Ranched

All

Solomon Islands

(b)

Ornithoptera victoriae

Wild

All

Solomon Islands

(b)

Ranched

All

Solomon Islands

(b)

MOLLUSCA

BIVALVIA

VENEROIDA

Tridacnidae

Hippopus hippopus

Wild

All

New Caledonia, Tonga, Vanuatu, Vietnam

(b)

Tridacna crocea

Wild

All

Fiji, Tonga, Vanuatu, Vietnam

(b)

Tridacna derasa

Wild

All

Fiji, New Caledonia, Philippines, Palau, Tonga, Vanuatu, Vietnam

(b)

Tridacna gigas

Wild

All

Fiji, Marshall Islands, Micronesia, Palau, Papua New Guinea, Solomon Islands, Tonga, Vanuatu, Vietnam

(b)

Tridacna maxima

Wild

All

Micronesia, Fiji, Marshall Islands, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

(b)

Tridacna rosewateri

Wild

All

Mozambique

(b)

Tridacna squamosa

Wild

All

Fiji, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

(b)

Tridacna tevoroa

Wild

All

Tonga

(b)

GASTROPODA

MESOGASTROPODA

Strombidae

Strombus gigas

Wild

All

Grenada, Haiti

(b)

CNIDARIA

ANTHOZOA

HELIOPORACEA

Helioporidae

Heliopora coerulea

Wild

All

Solomon Islands

(b)

SCLERACTINIA

Agariciidae

Agaricia agaricites

Wild

All

Haiti

(b)

Caryophylliidae

Catalaphyllia jardinei

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Catalaphyllia jardinei

Wild

All

Solomon Islands

(b)

Euphyllia cristata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia divisa

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Euphyllia fimbriata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Plerogyra spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Faviidae

Favites halicora

Wild

All

Tonga

(b)

Platygyra sinensis

Wild

All

Tonga

(b)

Merulinidae

Hydnophora microconos

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Mussidae

Acanthastrea hemprichii

Wild

All

Tonga

(b)

Blastomussa spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Cynarina lacrymalis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Scolymia vitiensis

Wild

All

Tonga

(b)

Scolymia vitiensis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

Pocilloporidae

Seriatopora stellata

Wild

All

Indonesia

(b)

Trachyphylliidae

Trachyphyllia geoffroyi

Wild

All

Fiji

(b)

Trachyphyllia geoffroyi

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

(b)

FLORA

Amaryllidaceae

Galanthus nivalis

Wild

All

Bosnia and Herzegovina, Switzerland, Ukraine

(b)

Apocynaceae

Pachypodium inopinatum

Wild

All

Madagascar

(b)

Pachypodium rosulatum

Wild

All

Madagascar

(b)

Pachypodium sofiense

Wild

All

Madagascar

(b)

Cycadaceae

Cycadaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

(b)

Euphorbiaceae

Euphorbia ankarensis

Wild

All

Madagascar

(b)

Euphorbia banae

Wild

All

Madagascar

(b)

Euphorbia berorohae

Wild

All

Madagascar

(b)

Euphorbia bongolavensis

Wild

All

Madagascar

(b)

Euphorbia bulbispina

Wild

All

Madagascar

(b)

Euphorbia duranii

Wild

All

Madagascar

(b)

Euphorbia fianarantsoae

Wild

All

Madagascar

(b)

Euphorbia guillauminiana

Wild

All

Madagascar

(b)

Euphorbia iharanae

Wild

All

Madagascar

(b)

Euphorbia kondoi

Wild

All

Madagascar

(b)

Euphorbia labatii

Wild

All

Madagascar

(b)

Euphorbia lophogona

Wild

All

Madagascar

(b)

Euphorbia millotii

Wild

All

Madagascar

(b)

Euphorbia neohumbertii

Wild

All

Madagascar

(b)

Euphorbia pachypodioides

Wild

All

Madagascar

(b)

Euphorbia razafindratsirae

Wild

All

Madagascar

(b)

Euphorbia suzannae-marnierae

Wild

All

Madagascar

(b)

Euphorbia waringiae

Wild

All

Madagascar

(b)

Orchidaceae

Anacamptis pyramidalis

Wild

All

Switzerland, Turkey

(b)

Barlia robertiana

Wild

All

Turkey

(b)

Cephalanthera rubra

Wild

All

Norway

(b)

Cypripedium japonicum

Wild

All

China, North Korea, Japan, South Korea

(b)

Cypripedium macranthos

Wild

All

South Korea, Russia

(b)

Cypripedium margaritaceum

Wild

All

China

(b)

Cypripedium micranthum

Wild

All

China

(b)

Dactylorhiza latifolia

Wild

All

Norway

(b)

Dactylorhiza romana

Wild

All

Turkey

(b)

Dactylorhiza russowii

Wild

All

Norway

(b)

Dactylorhiza traunsteineri

Wild

All

Liechtenstein

(b)

Dendrobium bellatulum

Wild

All

Vietnam

(b)

Dendrobium nobile

Wild

All

Laos

(b)

Dendrobium wardianum

Wild

All

Vietnam

(b)

Himantoglossum hircinum

Wild

All

Switzerland

(b)

Nigritella nigra

Wild

All

Norway

(b)

Ophrys holoserica

Wild

All

Turkey

(b)

Ophrys insectifera

Wild

All

Liechtenstein, Norway,

(b)

Ophrys pallida

Wild

All

Algeria

(b)

Ophrys sphegodes

Wild

All

Switzerland

(b)

Ophrys tenthredinifera

Wild

All

Turkey

(b)

Ophrys umbilicata

Wild

All

Turkey

(b)

Orchis coriophora

Wild

All

Russia, Switzerland

(b)

Orchis italica

Wild

All

Turkey

(b)

Orchis laxiflora

Wild

All

Switzerland

(b)

Orchis mascula

Wild/ Ranched

All

Albania

(b)

Orchis morio

Wild

All

Turkey

(b)

Orchis pallens

Wild

All

Russia

(b)

Orchis provincialis

Wild

All

Switzerland

(b)

Orchis punctulata

Wild

All

Turkey

(b)

Orchis purpurea

Wild

All

Switzerland, Turkey

(b)

Orchis simia

Wild

All

Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Switzerland, Turkey

(b)

Orchis tridentata

Wild

All

Turkey

(b)

Orchis ustulata

Wild

All

Russia

(b)

Phalaenopsis parishii

Wild

All

Vietnam

(b)

Serapias cordigera

Wild

All

Turkey

(b)

Serapias parviflora

Wild

All

Turkey

(b)

Serapias vomeracea

Wild

All

Switzerland, Turkey

(b)

Spiranthes spiralis

Wild

All

Liechtenstein, Switzerland

(b)

Primulaceae

Cyclamen intaminatum

Wild

All

Turkey

(b)

Cyclamen mirabile

Wild

All

Turkey

(b)

Cyclamen pseudibericum

Wild

All

Turkey

(b)

Cyclamen trochopteranthum

Wild

All

Turkey

(b)

Stangeriaceae

Stangeriaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

(b)

Zamiaceae

Zamiaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

(b)

---

(1)  Animals born in captivity but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof.

---

| 18.8.2011 | EN | Official Journal of the European Union | L 211/33 |
| --- | --- | --- | --- |

18.8.2011

EN

Official Journal of the European Union

L 211/33

---

COMMISSION IMPLEMENTING REGULATION (EU) No 829/2011

of 17 August 2011

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

Having regard to Commission 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:

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,

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 hereto.

Article 2

This Regulation shall enter into force on 18 August 2011.

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

Done at Brussels, 17 August 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

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 | AR | 38,5 |
| ZZ | 38,5 |
| 0709 90 70 | TR | 133,0 |
| ZZ | 133,0 |
| 0805 50 10 | AR | 67,3 |
| BR | 45,3 |
| CL | 75,4 |
| TR | 64,0 |
| UY | 61,5 |
| ZA | 77,7 |
| ZZ | 65,2 |
| 0806 10 10 | EG | 67,9 |
| TR | 155,3 |
| ZZ | 111,6 |
| 0808 10 80 | AR | 77,5 |
| BR | 58,3 |
| CA | 98,2 |
| CL | 103,2 |
| CN | 67,9 |
| NZ | 101,1 |
| US | 161,4 |
| ZA | 100,7 |
| ZZ | 96,0 |
| 0808 20 50 | AR | 161,3 |
| CL | 81,6 |
| CN | 49,3 |
| NZ | 115,4 |
| ZA | 117,2 |
| ZZ | 105,0 |
| 0809 30 | TR | 128,5 |
| ZZ | 128,5 |
| 0809 40 05 | BA | 48,4 |
| ZZ | 48,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AR

38,5

ZZ

38,5

0709 90 70

TR

133,0

ZZ

133,0

0805 50 10

AR

67,3

BR

45,3

CL

75,4

TR

64,0

UY

61,5

ZA

77,7

ZZ

65,2

0806 10 10

EG

67,9

TR

155,3

ZZ

111,6

0808 10 80

AR

77,5

BR

58,3

CA

98,2

CL

103,2

CN

67,9

NZ

101,1

US

161,4

ZA

100,7

ZZ

96,0

0808 20 50

AR

161,3

CL

81,6

CN

49,3

NZ

115,4

ZA

117,2

ZZ

105,0

0809 30

TR

128,5

ZZ

128,5

0809 40 05

BA

48,4

ZZ

48,4

---

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

---