# Official Journal L 223/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.223.eng |
| --- | --- |
| Official Journal
  of the European Union | L 223 |
| | |
| English edition | Legislation | Volume 5621 August 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.223.eng

Official Journal

of the European Union

L 223

English edition

Legislation

Volume 5621 August 2013

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 793/2013 of 20 August 2013 establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian herring stock (
  1
  ) | 1 |
| | | Commission Implementing Regulation (EU) No 794/2013 of 20 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 8 |
| | | DECISIONS |
| | | 2013/439/EU |
| | * | Commission Implementing Decision of 19 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy
  (notified under document C(2013) 5521)

   (
  1
  ) | 10 |
| | | 2013/440/EU |
| | * | Commission Decision of 20 August 2013 terminating the anti-dumping proceeding concerning imports of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China and Taiwan | 13 |
| | | 2013/441/EU |
| | * | Commission Implementing Decision of 20 August 2013 determining the date from which the Visa Information System (VIS) is to start operations in an eighth region | 15 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 793/2013 of 20 August 2013 establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian herring stock (
  1
  )

1

1

Commission Implementing Regulation (EU) No 794/2013 of 20 August 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

8

DECISIONS

2013/439/EU

*

Commission Implementing Decision of 19 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy
  (notified under document C(2013) 5521)

   (
  1
  )

(notified under document C(2013) 5521)

1

10

2013/440/EU

*

Commission Decision of 20 August 2013 terminating the anti-dumping proceeding concerning imports of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China and Taiwan

13

2013/441/EU

*

Commission Implementing Decision of 20 August 2013 determining the date from which the Visa Information System (VIS) is to start operations in an eighth region

15

| | | |
| --- | --- | --- |
| | * | Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover) | s3 |
| | * | Note to readers — way of referring to acts(see page 3 of the cover) | s3 |

*

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover)

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

s3

*

Note to readers — way of referring to acts(see page 3 of the cover)

Note to readers — way of referring to acts

s3

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

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 21.8.2013 | EN | Official Journal of the European Union | L 223/1 |
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21.8.2013

EN

Official Journal of the European Union

L 223/1

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COMMISSION IMPLEMENTING REGULATION (EU) No 793/2013

of 20 August 2013

establishing measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian herring stock

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (1), and in particular Article 4 thereof,

Whereas:

| (1) | The stock of Atlanto-Scandian herring (also referred to as Norwegian spring-spawning herring) is the largest herring stock of the world. It produced catches of the order of 1 million to 2 million tonnes. However, heavy exploitation due to overfishing led the stock to collapse and to the cessation of all fisheries for more than two decades between the early 1970s and the mid 1990s, with very severe consequences for the fleets that exploited that stock. |
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(1)

The stock of Atlanto-Scandian herring (also referred to as Norwegian spring-spawning herring) is the largest herring stock of the world. It produced catches of the order of 1 million to 2 million tonnes. However, heavy exploitation due to overfishing led the stock to collapse and to the cessation of all fisheries for more than two decades between the early 1970s and the mid 1990s, with very severe consequences for the fleets that exploited that stock.

| (2) | The stock of Atlanto-Scandian herring was managed, since the recovery of the stock and the re-opening of the fishery in 1996, following consultations among the five parties whose economic exclusive zone (EEZ) is visited by this fish during its migration cycle: the Russian Federation, Norway, the Faeroe Islands, Iceland and the European Union (hereinafter ‘the coastal States’). |
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(2)

The stock of Atlanto-Scandian herring was managed, since the recovery of the stock and the re-opening of the fishery in 1996, following consultations among the five parties whose economic exclusive zone (EEZ) is visited by this fish during its migration cycle: the Russian Federation, Norway, the Faeroe Islands, Iceland and the European Union (hereinafter ‘the coastal States’).

| (3) | Since 2007, the arrangements agreed during the coastal States’ consultations included definitive rules on the sharing of the total allowable catch and a commitment to maintain the relative stability of the shares for future years. The shares agreed for the stock of Atlanto-Scandian herring were 5,16 % for the Faeroe Islands, 14,51 % for Iceland, 6,51 % for the Union, 61 % for Norway and 12,82 % for the Russian Federation. Furthermore, the coastal states also had a long-standing agreement to review and revise the commonly agreed management arrangements only jointly, on the basis of new scientific advice and by a given date. |
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(3)

Since 2007, the arrangements agreed during the coastal States’ consultations included definitive rules on the sharing of the total allowable catch and a commitment to maintain the relative stability of the shares for future years. The shares agreed for the stock of Atlanto-Scandian herring were 5,16 % for the Faeroe Islands, 14,51 % for Iceland, 6,51 % for the Union, 61 % for Norway and 12,82 % for the Russian Federation. Furthermore, the coastal states also had a long-standing agreement to review and revise the commonly agreed management arrangements only jointly, on the basis of new scientific advice and by a given date.

| (4) | To facilitate the setting of total allowable catches, the coastal States had agreed and implemented, on the basis of the available scientific knowledge, a long-term management plan consistent with the precautionary approach, intended to keep harvesting within safe biological limits and designed to ensure sustainable fisheries. |
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(4)

To facilitate the setting of total allowable catches, the coastal States had agreed and implemented, on the basis of the available scientific knowledge, a long-term management plan consistent with the precautionary approach, intended to keep harvesting within safe biological limits and designed to ensure sustainable fisheries.

| (5) | This long-term management plan aimed at avoiding that the stock would fall below the biomass level of 2 500 000 tonnes and to make all efforts to maintain it above 5 000 000 tonnes, the level believed to produce maximum sustainable yield. This was to be done by restricting harvesting in a manner consistent with a fishing mortality of 0,125. It was agreed that, if the biomass level fell below the level of 5 000 000 tonnes, the fishing mortality should be reduced in order to ensure a rapid recovery of the stock. |
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(5)

This long-term management plan aimed at avoiding that the stock would fall below the biomass level of 2 500 000 tonnes and to make all efforts to maintain it above 5 000 000 tonnes, the level believed to produce maximum sustainable yield. This was to be done by restricting harvesting in a manner consistent with a fishing mortality of 0,125. It was agreed that, if the biomass level fell below the level of 5 000 000 tonnes, the fishing mortality should be reduced in order to ensure a rapid recovery of the stock.

| (6) | In September 2012 the International Council for the Exploration of the Seas (ICES) recommended, in accordance with the precautionary approach set out in the management plan, that the total allowable catch (TAC) for the five coastal States should be no more than 619 000 tonnes in 2013, which represents a decrease of 26 % compared to the TAC fixed for 2012. |
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(6)

In September 2012 the International Council for the Exploration of the Seas (ICES) recommended, in accordance with the precautionary approach set out in the management plan, that the total allowable catch (TAC) for the five coastal States should be no more than 619 000 tonnes in 2013, which represents a decrease of 26 % compared to the TAC fixed for 2012.

| (7) | In the coastal State consultations held from October 2012 through January 2013 in order to negotiate the arrangements for 2013, the representatives of the Faeroe Islands consistently and repeatedly stated their refusal to continue the current sharing arrangement. Arrangements for 2013 were finally concluded 18 January 2013 by just four coastal States, in order to maintain a coordinated management of the stock by coastal States as far as possible. The agreed record of those consultations, dated 23 January 2013, states that: ‘The Delegations expressed their concern that the Faeroe Islands have withdrawn from the Coastal States agreement without prior notification’. Given the impossibility to agree an arrangement with five parties due to the Faeroese withdrawal from the consultations, it was agreed amongst the remaining four parties to take account of the fishing interests of the Faeroe Islands by setting aside their traditional share, i.e. the share that the Faeroe Islands have held since the 2007 arrangement, which corresponded to 31 000 tonnes (5,16 % of the TAC). |
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(7)

In the coastal State consultations held from October 2012 through January 2013 in order to negotiate the arrangements for 2013, the representatives of the Faeroe Islands consistently and repeatedly stated their refusal to continue the current sharing arrangement. Arrangements for 2013 were finally concluded 18 January 2013 by just four coastal States, in order to maintain a coordinated management of the stock by coastal States as far as possible. The agreed record of those consultations, dated 23 January 2013, states that: ‘The Delegations expressed their concern that the Faeroe Islands have withdrawn from the Coastal States agreement without prior notification’. Given the impossibility to agree an arrangement with five parties due to the Faeroese withdrawal from the consultations, it was agreed amongst the remaining four parties to take account of the fishing interests of the Faeroe Islands by setting aside their traditional share, i.e. the share that the Faeroe Islands have held since the 2007 arrangement, which corresponded to 31 000 tonnes (5,16 % of the TAC).

| (8) | In the course of the coastal state consultations leading up to 23 January 2013, the representatives of the Faeroe Islands did not make any demand for a precise share, they did not make any written or oral proposal for a new sharing arrangement, they did not seek to engage with the four other parties, and they did not make any effort to cooperate in discussing an arrangement for 2013. |
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(8)

In the course of the coastal state consultations leading up to 23 January 2013, the representatives of the Faeroe Islands did not make any demand for a precise share, they did not make any written or oral proposal for a new sharing arrangement, they did not seek to engage with the four other parties, and they did not make any effort to cooperate in discussing an arrangement for 2013.

| (9) | The Fisheries Minister of the Faeroe Islands announced in a statement of 26 March 2013 that a catch limit of 105 230 tonnes had been set unilaterally for the Faeroese fleet, which represents 17 % of the recommended TAC or more than three times the share that would correspond to an application of the previously agreed arrangements and an increase by 145 % of their share in 2012. That unilateral announcement is to be assessed in the light of the above-mentioned scientific advice to reduce catches in 2013 by 26 %. With that announcement, the Faeroe Islands also de facto abandoned the jointly agreed management plan. |
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(9)

The Fisheries Minister of the Faeroe Islands announced in a statement of 26 March 2013 that a catch limit of 105 230 tonnes had been set unilaterally for the Faeroese fleet, which represents 17 % of the recommended TAC or more than three times the share that would correspond to an application of the previously agreed arrangements and an increase by 145 % of their share in 2012. That unilateral announcement is to be assessed in the light of the above-mentioned scientific advice to reduce catches in 2013 by 26 %. With that announcement, the Faeroe Islands also de facto abandoned the jointly agreed management plan.

| (10) | By those actions, the Faeroe Islands have failed to cooperate with the Union and with the other coastal States in the management of a stock of common interest, the Atlanto-Scandian herring, and have failed to comply with the obligations under Article 61(2), Article 63(1) and (2) and Articles 118, 119 and 300 of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and Articles 5 and 6 and Article 8(1) and (2) of the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). |
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(10)

By those actions, the Faeroe Islands have failed to cooperate with the Union and with the other coastal States in the management of a stock of common interest, the Atlanto-Scandian herring, and have failed to comply with the obligations under Article 61(2), Article 63(1) and (2) and Articles 118, 119 and 300 of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and Articles 5 and 6 and Article 8(1) and (2) of the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA).

| (11) | If the catch limits set out by the four coastal States and the Faeroe Islands were reached, the total catch would amount to 692 290 tonnes, which would constitute an overfishing compared to the recommended TAC. According to the assessments and catch forecasts made by ICES when delivering advice for the management of the 2013 fishing season (2), such a catch would lead the spawning stock biomass (SSB) at the beginning of 2014 to a level of 4 200 000 tonnes, well below the level of 5 000 000 tonnes that is expected to produce maximum sustainable yield. |
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(11)

If the catch limits set out by the four coastal States and the Faeroe Islands were reached, the total catch would amount to 692 290 tonnes, which would constitute an overfishing compared to the recommended TAC. According to the assessments and catch forecasts made by ICES when delivering advice for the management of the 2013 fishing season (2), such a catch would lead the spawning stock biomass (SSB) at the beginning of 2014 to a level of 4 200 000 tonnes, well below the level of 5 000 000 tonnes that is expected to produce maximum sustainable yield.

| (12) | Furthermore, new publicly available scientific evidence provided by ICES in May 2013 (3) confirms that the the long-term management plan as currently designed (aiming at a fishing mortality of 0,125) is precautionary whilst an increase of the target fishing mortality to a value of 0,15, which happens to be equivalent to that resulting from the increase of the Faeroese share, makes the plan become non-precautionary, with associated increased risk of stock collapse. |
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(12)

Furthermore, new publicly available scientific evidence provided by ICES in May 2013 (3) confirms that the the long-term management plan as currently designed (aiming at a fishing mortality of 0,125) is precautionary whilst an increase of the target fishing mortality to a value of 0,15, which happens to be equivalent to that resulting from the increase of the Faeroese share, makes the plan become non-precautionary, with associated increased risk of stock collapse.

| (13) | According to Article 3 of Regulation (EU) No 1026/2012, a country may be identified as a country allowing non-sustainable fishing where: (a) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UNFSA), or any other international agreement or norm of international law; and (b) either: (i) it fails to adopt necessary fishery management measures; or (ii) it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union, lead to fishing activities which could result in the stock being in an unsustainable state. |
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(13)

According to Article 3 of Regulation (EU) No 1026/2012, a country may be identified as a country allowing non-sustainable fishing where: (a) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UNFSA), or any other international agreement or norm of international law; and (b) either: (i) it fails to adopt necessary fishery management measures; or (ii) it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union, lead to fishing activities which could result in the stock being in an unsustainable state.

| (14) | As a result of the above considerations, the Faeroe Islands meet all the criteria to be identified as a country allowing non-sustainable fishing and therefore the Commission may hence adopt the measures provided for in Regulation (EU) No 1026/2012. |
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(14)

As a result of the above considerations, the Faeroe Islands meet all the criteria to be identified as a country allowing non-sustainable fishing and therefore the Commission may hence adopt the measures provided for in Regulation (EU) No 1026/2012.

| (15) | The Commission, pursuant to Article 6 of Regulation (EU) No 1026/2012, decided to notify the Home Government of the Faeroe Islands and the Government of Denmark, by decision of 17 May 2013 (4) and letter of the same date, its intention to identify the Faeroe Islands as a country allowing non-sustainable fishing, indicating the reasons for that identification and describing the possible measures that may be taken pursuant to that Regulation. The Home Government of the Faeroe Islands acknowledged receipt of the letter the same day. |
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(15)

The Commission, pursuant to Article 6 of Regulation (EU) No 1026/2012, decided to notify the Home Government of the Faeroe Islands and the Government of Denmark, by decision of 17 May 2013 (4) and letter of the same date, its intention to identify the Faeroe Islands as a country allowing non-sustainable fishing, indicating the reasons for that identification and describing the possible measures that may be taken pursuant to that Regulation. The Home Government of the Faeroe Islands acknowledged receipt of the letter the same day.

| (16) | By 17 June 2013, the Home Government of the Faeroe Islands responded to the notification contesting the arguments put forward by the Commission with its own arguments, namely, that they have not withdrawn from the consultations, that they continue to be committed to finding a negotiated solution to the sharing of the stock and that the EU has not the right to use coercive measures. However, but did neither express any intention to amend its decision on the unsustainable catch limits for 2013 nor it did give any clear justification for their high catch limit for 2013, beyond a not-substantiated allegation of ‘an increased occurrence of this stock in recent years in maritime areas under Faeroese jurisdiction’. |
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(16)

By 17 June 2013, the Home Government of the Faeroe Islands responded to the notification contesting the arguments put forward by the Commission with its own arguments, namely, that they have not withdrawn from the consultations, that they continue to be committed to finding a negotiated solution to the sharing of the stock and that the EU has not the right to use coercive measures. However, but did neither express any intention to amend its decision on the unsustainable catch limits for 2013 nor it did give any clear justification for their high catch limit for 2013, beyond a not-substantiated allegation of ‘an increased occurrence of this stock in recent years in maritime areas under Faeroese jurisdiction’.

| (17) | The Commission examined the existing scientific literature on the subject and only found statements pointing to occasional occurrence of herring in Faeroese waters for longer time in the season, but did not find any reference allowing to interpret this phenomenon as a stable or permanent increase in abundance. As to the argument advanced by the Faeroe Islands that the stock will fall below MSY in 2014 in any case, and not as a consequence of their increased unilateral share, it should be noted that, according to the latest scientific advice (see recital 12 above), while the stock may recover to MSY, it will remain longer below that level and under a higher danger of stock collapse if the current target fishing mortality is increased to a value equivalent as that resulting from the increased Faeroese share. |
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(17)

The Commission examined the existing scientific literature on the subject and only found statements pointing to occasional occurrence of herring in Faeroese waters for longer time in the season, but did not find any reference allowing to interpret this phenomenon as a stable or permanent increase in abundance. As to the argument advanced by the Faeroe Islands that the stock will fall below MSY in 2014 in any case, and not as a consequence of their increased unilateral share, it should be noted that, according to the latest scientific advice (see recital 12 above), while the stock may recover to MSY, it will remain longer below that level and under a higher danger of stock collapse if the current target fishing mortality is increased to a value equivalent as that resulting from the increased Faeroese share.

| (18) | The Commission, following a detailed analysis of the arguments of the Home Government of the Faeroe Islands, concluded that these do not constitute a rebuttal of the reasons of the Commission’s notification or an objective reason to justify the lack of cooperation of this country. That conclusion, taken together with the unwillingness to rectify the unilateral catch limits for 2013, leads the Commission to conclude that the Faeroe Islands continue to meet the criteria to be identified as a country allowing non-sustainable fishing. |
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(18)

The Commission, following a detailed analysis of the arguments of the Home Government of the Faeroe Islands, concluded that these do not constitute a rebuttal of the reasons of the Commission’s notification or an objective reason to justify the lack of cooperation of this country. That conclusion, taken together with the unwillingness to rectify the unilateral catch limits for 2013, leads the Commission to conclude that the Faeroe Islands continue to meet the criteria to be identified as a country allowing non-sustainable fishing.

| (19) | Therefore, the Commission considers that it is necessary to adopt measures pursuant to Article 4 of Regulation (EU) No 1026/2012. |
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(19)

Therefore, the Commission considers that it is necessary to adopt measures pursuant to Article 4 of Regulation (EU) No 1026/2012.

| (20) | Those measures need to be effective and proportionate to achieve their conservation objective and should prevent the Faeroe Islands to take advantage of the Union markets, ports and facilities to maintain its unsustainable fishery for herring. |
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(20)

Those measures need to be effective and proportionate to achieve their conservation objective and should prevent the Faeroe Islands to take advantage of the Union markets, ports and facilities to maintain its unsustainable fishery for herring.

| (21) | In addition, the Commission has evaluated the environmental, trade, economic and social effects in the short and long terms of the measures which may be adopted pursuant to Article 4(1) of Regulation (EU) No 1026/2012, as well as the administrative burden associated with their implementation. |
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(21)

In addition, the Commission has evaluated the environmental, trade, economic and social effects in the short and long terms of the measures which may be adopted pursuant to Article 4(1) of Regulation (EU) No 1026/2012, as well as the administrative burden associated with their implementation.

| (22) | On the basis of that evaluation it appears appropriate to adopt, as a first step, certain measures listed in points (c), (d), (e) and (i) of Article 4(1) of Regulation (EU) No 1026/2012. Should those measures prove ineffective and should the Faeroe Islands continue to allow non-sustainable fishing, further measures may be established. |
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(22)

On the basis of that evaluation it appears appropriate to adopt, as a first step, certain measures listed in points (c), (d), (e) and (i) of Article 4(1) of Regulation (EU) No 1026/2012. Should those measures prove ineffective and should the Faeroe Islands continue to allow non-sustainable fishing, further measures may be established.

| (23) | The Faeroese fishery for herring, conducted by mid-water trawlers, can be a directed fishery in the colder months of the year, but it is a mixed fishery in late spring and summer, when herring and mackerel are caught in similar quantities. Both species can be caught by the same vessel in the same haul, in the same fishing trip or in the same fishing grounds along the season. Mackerel is thus an associated species with herring. Consequently, by continuing to catch and export mackerel, the Faeroe Islands would be led to also continue to catch high amounts of herring, which is a necessary by-catch, even if herring could not be exported to the Union. Therefore, by not including also mackerel imports in the measures the effectiveness of a ban on the imports of herring would be undermined as a means to prevent further damage to the sustainability of the herring stock. Mackerel cohabits with herring to such an extent that, while fishing for mackerel in fisheries under the control of Faeroe Islands, there is always a risk to catch herring. Therefore, all mackerel caught under the control of the Faeroe Islands is susceptible of having been caught together with herring. As a consequence, in order for trade measures to be effective, they should cover both herring and mackerel. |
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(23)

The Faeroese fishery for herring, conducted by mid-water trawlers, can be a directed fishery in the colder months of the year, but it is a mixed fishery in late spring and summer, when herring and mackerel are caught in similar quantities. Both species can be caught by the same vessel in the same haul, in the same fishing trip or in the same fishing grounds along the season. Mackerel is thus an associated species with herring. Consequently, by continuing to catch and export mackerel, the Faeroe Islands would be led to also continue to catch high amounts of herring, which is a necessary by-catch, even if herring could not be exported to the Union. Therefore, by not including also mackerel imports in the measures the effectiveness of a ban on the imports of herring would be undermined as a means to prevent further damage to the sustainability of the herring stock. Mackerel cohabits with herring to such an extent that, while fishing for mackerel in fisheries under the control of Faeroe Islands, there is always a risk to catch herring. Therefore, all mackerel caught under the control of the Faeroe Islands is susceptible of having been caught together with herring. As a consequence, in order for trade measures to be effective, they should cover both herring and mackerel.

| (24) | In assessing the proportionality of the measures, and in particular in deciding whether restrictions on the trade of the main species caught during the herring fishery should be limited to a a certain amount or should prohibit all imports, the Commission examined whether alternative measures other than a total ban of imports of all products made from or containing herring or mackerel could be envisaged as more proportionate measures. Three possible alternatives have been assessed: (i) a quantitative restriction of all products, limiting the imports to the traditional exchanges, (ii) a total ban of only fresh, frozen and canned fish, not including more elaborated products such as fish meal and oil, and (iii) an import ban limited to herring and herring products only. While the first of these three options could be highly effective given the high importance of fish meal exports from Faeroe Islands into the EU, it is taken as too burdensome at this stage, especially taking into account that, on the one hand, it may affect sectors of the Faeroese fishing industry not directly related to the pelagic catching sector and, on the other hand, it will create a high administrative burden associated to the analysis of fish meal and oil samples in specialised laboratories in order to determine their composition by species. The third alternative, as said above, is considered inefficient as long as its potential economic consequences can easily be offset by mackerel exports. The second alternative offers therefore the best balance between the means and their desired effects and there are no less onerous measures to achieve the necessary result. |
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(24)

In assessing the proportionality of the measures, and in particular in deciding whether restrictions on the trade of the main species caught during the herring fishery should be limited to a a certain amount or should prohibit all imports, the Commission examined whether alternative measures other than a total ban of imports of all products made from or containing herring or mackerel could be envisaged as more proportionate measures. Three possible alternatives have been assessed: (i) a quantitative restriction of all products, limiting the imports to the traditional exchanges, (ii) a total ban of only fresh, frozen and canned fish, not including more elaborated products such as fish meal and oil, and (iii) an import ban limited to herring and herring products only. While the first of these three options could be highly effective given the high importance of fish meal exports from Faeroe Islands into the EU, it is taken as too burdensome at this stage, especially taking into account that, on the one hand, it may affect sectors of the Faeroese fishing industry not directly related to the pelagic catching sector and, on the other hand, it will create a high administrative burden associated to the analysis of fish meal and oil samples in specialised laboratories in order to determine their composition by species. The third alternative, as said above, is considered inefficient as long as its potential economic consequences can easily be offset by mackerel exports. The second alternative offers therefore the best balance between the means and their desired effects and there are no less onerous measures to achieve the necessary result.

| (25) | In assessing the proportionality, the Commission also examined whether the other measures than import restrictions, and notably restrictions on the use of ports, are necessary. Because the use of ports for refuelling, landing, exchange of crews, repairs and rest constitute routine and necessary activities linked to the catching of herring, the Commission concluded that such measures are also necessary and no alternative less restrictive measures are possible to avoid that the fleets of the Faeroe Islands takes advantage of EU facilities to prosecute unsustainable herring fisheries. |
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(25)

In assessing the proportionality, the Commission also examined whether the other measures than import restrictions, and notably restrictions on the use of ports, are necessary. Because the use of ports for refuelling, landing, exchange of crews, repairs and rest constitute routine and necessary activities linked to the catching of herring, the Commission concluded that such measures are also necessary and no alternative less restrictive measures are possible to avoid that the fleets of the Faeroe Islands takes advantage of EU facilities to prosecute unsustainable herring fisheries.

| (26) | In evaluating the environmental, trade, economic and social effects of the measures in the short and long term, as well as the administrative burden associated with their implementation, it can be concluded that the measures are reasonable and will not have unacceptable effects or create an undue burden. The environmental effects of the measures are sound because they are expected to contribute to improving the sustainability of the stock of herring. Their trade effects will be moderate because, although immediate economic effects are to be expected, alternative exchange mechanisms can be found in the medium term and at the end no shortage in supplies is to be expected within the EU. The economic and social effects are expected to be moderate in the short term, since they will be associated to trade effects; however, in the medium and long terms, if the measures achieve the desired effects, will necessarily be very positive especially for a number of fleets whose economic dependence from pelagic fish is high. The adminstrative burden from the measures will be relatively low if one considers that most of the control means, including personnel, necessary in order to enforce the measures in Member States exist already. |
| --- | --- |

(26)

In evaluating the environmental, trade, economic and social effects of the measures in the short and long term, as well as the administrative burden associated with their implementation, it can be concluded that the measures are reasonable and will not have unacceptable effects or create an undue burden. The environmental effects of the measures are sound because they are expected to contribute to improving the sustainability of the stock of herring. Their trade effects will be moderate because, although immediate economic effects are to be expected, alternative exchange mechanisms can be found in the medium term and at the end no shortage in supplies is to be expected within the EU. The economic and social effects are expected to be moderate in the short term, since they will be associated to trade effects; however, in the medium and long terms, if the measures achieve the desired effects, will necessarily be very positive especially for a number of fleets whose economic dependence from pelagic fish is high. The adminstrative burden from the measures will be relatively low if one considers that most of the control means, including personnel, necessary in order to enforce the measures in Member States exist already.

| (27) | Finally, the Commission examined the compatibility of the measures with international law and concluded that they relate to the conservation of an exhaustable fish stock and aim at the avoidance of over-exploitation of the stock made effective, since the measures aim to maintain the Atlanto-Scandian herring stock within safe biological limits. The measures are made effective in conjunction with the Union’s own conservation measures (Article 5(1)(b) of Regulation (EU) No 1026/2012). In particular, the Union has reduced its catches by 26 %, in line with the recommendation by the International Council for the Exploration of the Seas (ICES), and the Union is applying fully the conditions and limitations of the long-term management plan, which has been agreed and applied by the coastal states since 1999 and has been confirmed again by the ICES in May 2013 as consistent with the precautionary approach and as the right management approach to keep harvesting within safe biological limits. Furthermore, there is no conclusive scientific evidence pointing to a higher share in the Atlanto-Scandian herring fishery to which the Faeroe Islands would be entitled; therefore, a reduction of their catches as recommended by the ICES for 2013 would have been appropriate. |
| --- | --- |

(27)

Finally, the Commission examined the compatibility of the measures with international law and concluded that they relate to the conservation of an exhaustable fish stock and aim at the avoidance of over-exploitation of the stock made effective, since the measures aim to maintain the Atlanto-Scandian herring stock within safe biological limits. The measures are made effective in conjunction with the Union’s own conservation measures (Article 5(1)(b) of Regulation (EU) No 1026/2012). In particular, the Union has reduced its catches by 26 %, in line with the recommendation by the International Council for the Exploration of the Seas (ICES), and the Union is applying fully the conditions and limitations of the long-term management plan, which has been agreed and applied by the coastal states since 1999 and has been confirmed again by the ICES in May 2013 as consistent with the precautionary approach and as the right management approach to keep harvesting within safe biological limits. Furthermore, there is no conclusive scientific evidence pointing to a higher share in the Atlanto-Scandian herring fishery to which the Faeroe Islands would be entitled; therefore, a reduction of their catches as recommended by the ICES for 2013 would have been appropriate.

| (28) | Consequently, the measures to be adopted as a fist step should include: (a) the prohibition of imports of herring and mackerel form the Atlanto-Scandian stocks as well as of fishery products containing or made of such fish and (b) restrictions on the use of Union ports by vessels fishing for the Atlanto-Scandian herring and mackerel stocks under the control of the Faeroe Islands and by vessels transporting fish or fisheries products stemming from that fishery. In order to facilitate the enforcement of the measures applicable to vessels conducting fisheries on the relevant herring or mackerel stocks or transporting fish or fishery products stemming form those stocks, Member States should be provided with lists of those vessels. In order to determine whether herring or mackerel have been caught under the control of the Faeroe Islands, use should be made of the catch certification scheme set out in Chapter III of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (5). |
| --- | --- |

(28)

Consequently, the measures to be adopted as a fist step should include: (a) the prohibition of imports of herring and mackerel form the Atlanto-Scandian stocks as well as of fishery products containing or made of such fish and (b) restrictions on the use of Union ports by vessels fishing for the Atlanto-Scandian herring and mackerel stocks under the control of the Faeroe Islands and by vessels transporting fish or fisheries products stemming from that fishery. In order to facilitate the enforcement of the measures applicable to vessels conducting fisheries on the relevant herring or mackerel stocks or transporting fish or fishery products stemming form those stocks, Member States should be provided with lists of those vessels. In order to determine whether herring or mackerel have been caught under the control of the Faeroe Islands, use should be made of the catch certification scheme set out in Chapter III of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (5).

| (29) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(29)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation identifies the Faeroe Islands as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock and establishes measures in respect of the Faeroe Islands to ensure the long-term conservation of that stock.

Article 2

Scope and objectives

This Regulation shall apply to the fishery for Atlanto-Scandian herring conducted under the control of the Faeroe Islands. It has the objective of ensuring long-term sustainability of the stock of Atlanto-Scandian herring.

Article 3

Definitions

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

| (a) | ‘Atlanto-Scandian herring stock’ means the stock of herring (Clupea harengus) in ICES (International Council for the Exploration of the Sea) subareas I, II, V, XII and XIV (6). |
| --- | --- |

(a)

‘Atlanto-Scandian herring stock’ means the stock of herring (Clupea harengus) in ICES (International Council for the Exploration of the Sea) subareas I, II, V, XII and XIV (6).

Clupea harengus

6

| (b) | ‘Atlanto-Scandian herring’ means fish from the Atlanto-Scandian herring stock. |
| --- | --- |

(b)

‘Atlanto-Scandian herring’ means fish from the Atlanto-Scandian herring stock.

| (c) | Mackerel is fish from the species Scomber scombrus that has been caught in the areas occupied by Atlanto-Scandian herring. |
| --- | --- |

(c)

Mackerel is fish from the species Scomber scombrus that has been caught in the areas occupied by Atlanto-Scandian herring.

Scomber scombrus

| (d) | ‘Caught under the control of the Faeroe Islands’ means caught by vessels flying the flag of the Faeroe Islands, or by vessels flying the flag of another State which have been authorised to fish in the Faeroe Islands’ exclusive economic zone or have been chartered by a Faeroese firm or by Faeroese authorities. |
| --- | --- |

(d)

‘Caught under the control of the Faeroe Islands’ means caught by vessels flying the flag of the Faeroe Islands, or by vessels flying the flag of another State which have been authorised to fish in the Faeroe Islands’ exclusive economic zone or have been chartered by a Faeroese firm or by Faeroese authorities.

Article 4

Identification

The Faeroe Islands shall be identified as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock.

Article 5

Measures

1.   It shall be prohibited to introduce into the territory of the Union, including for transhipment purposes at ports, fish or fishery products set out in Annex which consist of, are made of, or contain Atlanto-Scandian herring or mackerel caught under the control of the Faeroe Islands.

2.   The use of Union ports by vessels flying the flag of the Faeroe Islands that fish for Atlanto-Scandian herring or mackerel and by vessels transporting the fish or the fishery products stemming from Atlanto-Scandian herring or mackerel that have been caught either by vessels flying the flag of that country or by vessels authorised by it while flying another flag shall be prohibited. This prohibition shall not apply in cases of force majeure or distress within the meaning of Article 18 of the 1982 United Nations Convention on the Law of the Sea for services strictly necessary to remedy those situations.

Article 6

Implementation

1.   The competent authorities of the Member States shall make use of the catch certification scheme laid down in Chapter III of Regulation (EC) No 1005/2008 to identify any product covered by the prohibition set out in Article 5(1) of this Regulation.

2.   In order to facilitate the implementation of the prohibition set out in Article 5(2), Member States shall be provided with indicative lists of vessels that, according to reliable sources of data, have fished or are currently fishing for Atlanto-Scandian herring or mackerel under the control of the Faeroe Islands.

Article 7

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 20 August 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 316, 14.11.2012, p. 34.

1

(2)  http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2012/2012/her-noss.pdf

2

(3)  http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2013/Special%20requests/NEAFC%20NSS%20herring%20MP.pdf

3

(4)  Decision C(2013) 2853 of 17.5.2013.

4

(5)  
  OJ L 286, 29.10.2008, p. 1.

5

(6)  As specified in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

6

---

ANNEX

List of fish and fishery products whose introduction in to the territory of the Union is prohibited

| Species | Products (Harmonised System (HS) nomenclature) |
| --- | --- |
| Herring (Clupea harengus) | ex 0302 41
  ex 0302 90
  ex 0303 51
  ex 0303 90 90
  ex 0304 59 50
  ex 0304 86
  ex 0304 99 23
  ex 0305 42
  ex 0305 59 30
  ex 0305 61
  ex 0305 72
  ex 0305 79
  ex 1604 12
  ex 1604 20 90 |
| Mackerel (Scomber scombrus) | ex 0302 44
  ex 0303 54
  ex 0304 49 90
  ex 0304 89 49
  ex 0304 99 99
  ex 0305 49 30
  ex 1604 15
  ex 1604 20 50 |

Species

Products (Harmonised System (HS) nomenclature)

Herring (Clupea harengus)

ex 0302 41

ex 0302 90

ex 0303 51

ex 0303 90 90

ex 0304 59 50

ex 0304 86

ex 0304 99 23

ex 0305 42

ex 0305 59 30

ex 0305 61

ex 0305 72

ex 0305 79

ex 1604 12

ex 1604 20 90

Mackerel (Scomber scombrus)

ex 0302 44

ex 0303 54

ex 0304 49 90

ex 0304 89 49

ex 0304 99 99

ex 0305 49 30

ex 1604 15

ex 1604 20 50

---

| 21.8.2013 | EN | Official Journal of the European Union | L 223/8 |
| --- | --- | --- | --- |

21.8.2013

EN

Official Journal of the European Union

L 223/8

---

COMMISSION IMPLEMENTING REGULATION (EU) No 794/2013

of 20 August 2013

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:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 20 August 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

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) |
| --- |
| Code NC | Code des pays tiers (1) | Valeur forfaitaire à l'importation |
| 0709 93 10 | TR | 131,0 |
| ZZ | 131,0 |
| 0805 50 10 | AR | 91,2 |
| CL | 112,7 |
| TR | 70,0 |
| UY | 134,9 |
| ZA | 108,5 |
| ZZ | 103,5 |
| 0806 10 10 | EG | 181,2 |
| MA | 150,8 |
| MX | 264,4 |
| TR | 150,6 |
| ZZ | 186,8 |
| 0808 10 80 | AR | 182,1 |
| BR | 111,3 |
| CL | 147,6 |
| CN | 77,8 |
| NZ | 123,6 |
| US | 108,5 |
| ZA | 118,8 |
| ZZ | 124,2 |
| 0808 30 90 | AR | 193,4 |
| CL | 148,9 |
| TR | 149,7 |
| ZA | 101,4 |
| ZZ | 148,4 |
| 0809 30 | TR | 138,8 |
| ZZ | 138,8 |
| 0809 40 05 | BA | 49,3 |
| MK | 74,4 |
| TR | 101,0 |
| ZZ | 74,9 |

(EUR/100 kg)

Code NC

Code des pays tiers (1)

Valeur forfaitaire à l'importation

0709 93 10

TR

131,0

ZZ

131,0

0805 50 10

AR

91,2

CL

112,7

TR

70,0

UY

134,9

ZA

108,5

ZZ

103,5

0806 10 10

EG

181,2

MA

150,8

MX

264,4

TR

150,6

ZZ

186,8

0808 10 80

AR

182,1

BR

111,3

CL

147,6

CN

77,8

NZ

123,6

US

108,5

ZA

118,8

ZZ

124,2

0808 30 90

AR

193,4

CL

148,9

TR

149,7

ZA

101,4

ZZ

148,4

0809 30

TR

138,8

ZZ

138,8

0809 40 05

BA

49,3

MK

74,4

TR

101,0

ZZ

74,9

---

(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’.

---

DECISIONS

| 21.8.2013 | EN | Official Journal of the European Union | L 223/10 |
| --- | --- | --- | --- |

21.8.2013

EN

Official Journal of the European Union

L 223/10

---

COMMISSION IMPLEMENTING DECISION

of 19 August 2013

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy

(notified under document C(2013) 5521)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2013/439/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

| (1) | Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming. |
| --- | --- |

(1)

Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

| (2) | Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low. |
| --- | --- |

(2)

Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

| (3) | In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products. |
| --- | --- |

(3)

In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products.

| (4) | Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. |
| --- | --- |

(4)

Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza.

| (5) | Italy notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding on its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones, which should be defined in Parts A and B of the Annex to this Decision. |
| --- | --- |

(5)

Italy notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding on its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones, which should be defined in Parts A and B of the Annex to this Decision.

| (6) | The Commission has examined those measures in collaboration with Italy, and it is satisfied that the borders of those zones established by the competent authority in that Member State are at a sufficient distance to the actual holding where the outbreak was confirmed. |
| --- | --- |

(6)

The Commission has examined those measures in collaboration with Italy, and it is satisfied that the borders of those zones established by the competent authority in that Member State are at a sufficient distance to the actual holding where the outbreak was confirmed.

| (7) | In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define those zones established in Italy at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from those zones to other Member States or to third countries. |
| --- | --- |

(7)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define those zones established in Italy at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from those zones to other Member States or to third countries.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Italy shall ensure that the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC comprise at least the areas listed in Parts A and B of the Annex to this Decision.

Article 2

This Decision shall apply until 23 September 2013.

Article 3

This Decision is addressed to Italian Republic.

Done at Brussels, 19 August 2013.

For the Commission

Tonio BORG

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 13.

1

(2)  
  OJ L 224, 18.8.1990, p. 29.

2

(3)  
  OJ L 10, 14.1.2006, p. 16.

3

---

ANNEX

Part A

Protection zone as referred to in Article 1:

| ISO Country Code | Member State | Postal Code | Name |
| --- | --- | --- | --- |
| IT | Italy | | Area comprising the municipality of: |
| 44020 | Ostellato |

ISO Country Code

Member State

Postal Code

Name

IT

Italy

Area comprising the municipality of:

44020

Ostellato

Part B

Surveillance zone as referred to in Article 1:

| ISO Country Code | Member State | Postal Code | Name |
| --- | --- | --- | --- |
| IT | Italy | | Area comprising the municipalities of: |
| 44011 | Argenta |
| 44022 | Comacchio |
| 44027 | Migliarino |
| 44020 | Migliaro |
| 44015 | Portomaggiore |
| 44039 | Tresigallo |

ISO Country Code

Member State

Postal Code

Name

IT

Italy

Area comprising the municipalities of:

44011

Argenta

44022

Comacchio

44027

Migliarino

44020

Migliaro

44015

Portomaggiore

44039

Tresigallo

---

| 21.8.2013 | EN | Official Journal of the European Union | L 223/13 |
| --- | --- | --- | --- |

21.8.2013

EN

Official Journal of the European Union

L 223/13

---

COMMISSION DECISION

of 20 August 2013

terminating the anti-dumping proceeding concerning imports of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China and Taiwan

(2013/440/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

PROCEDURE

| (1) | On 28 September 2012, the European Commission received a complaint concerning the alleged injurious dumping of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China (‘PRC’) and in Taiwan, lodged pursuant to Article 5 of the basic Regulation by the Defence Committee of the Stainless Steel Butt-welding Fittings Industry of the European Union (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Union production of stainless steel tube and pipe butt-welding fittings. |
| --- | --- |

(1)

On 28 September 2012, the European Commission received a complaint concerning the alleged injurious dumping of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China (‘PRC’) and in Taiwan, lodged pursuant to Article 5 of the basic Regulation by the Defence Committee of the Stainless Steel Butt-welding Fittings Industry of the European Union (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Union production of stainless steel tube and pipe butt-welding fittings.

| (2) | The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding. |
| --- | --- |

(2)

The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

| (3) | On 10 November 2012, the Commission, after consultation of the Advisory Committee, announced by a notice published in the Official Journal of the European Union (2) the initiation of an anti-dumping proceeding concerning imports into the Union of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the PRC and in Taiwan. |
| --- | --- |

(3)

On 10 November 2012, the Commission, after consultation of the Advisory Committee, announced by a notice published in the Official Journal of the European Union (2) the initiation of an anti-dumping proceeding concerning imports into the Union of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the PRC and in Taiwan.

Official Journal of the European Union

2

| (4) | The Commission officially advised the exporters/producers in the PRC and in Taiwan, importers, users and any associations known to be concerned, the authorities of the PRC and of Taiwan and all known Union producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. |
| --- | --- |

(4)

The Commission officially advised the exporters/producers in the PRC and in Taiwan, importers, users and any associations known to be concerned, the authorities of the PRC and of Taiwan and all known Union producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

| (5) | All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing. |
| --- | --- |

(5)

All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing.

B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

| (6) | By a letter of 27 June 2013 to the Commission, the complainant formally withdrew its complaint. |
| --- | --- |

(6)

By a letter of 27 June 2013 to the Commission, the complainant formally withdrew its complaint.

| (7) | In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest. |
| --- | --- |

(7)

In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

| (8) | The investigation has not brought to light any considerations showing that such termination would be against the Union interest. Therefore the Commission considered that the present proceeding should be terminated. Interested parties were informed accordingly and were given an opportunity to comment. However, the Commission received no comments which would justify that such a termination would not be in the Union interest. |
| --- | --- |

(8)

The investigation has not brought to light any considerations showing that such termination would be against the Union interest. Therefore the Commission considered that the present proceeding should be terminated. Interested parties were informed accordingly and were given an opportunity to comment. However, the Commission received no comments which would justify that such a termination would not be in the Union interest.

| (9) | The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the PRC and in Taiwan should be terminated, |
| --- | --- |

(9)

The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the PRC and in Taiwan should be terminated,

HAS ADOPTED THIS DECISION:

Article 1

The anti-dumping proceeding concerning imports of stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China and Taiwan, currently falling within CN codes 7307 23 10 and 7307 23 90, is hereby terminated.

Article 2

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

Done at Brussels, 20 August 2013.

For the Commission

The President

José Manuel BARROSO

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

1

(2)  
  OJ C 342, 10.11.2012, p. 2.

2

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| 21.8.2013 | EN | Official Journal of the European Union | L 223/15 |
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21.8.2013

EN

Official Journal of the European Union

L 223/15

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COMMISSION IMPLEMENTING DECISION

of 20 August 2013

determining the date from which the Visa Information System (VIS) is to start operations in an eighth region

(2013/441/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (1), and in particular Article 48(3) thereof,

Whereas:

| (1) | According to Commission Implementing Decision 2012/274/EU of 24 April 2012 determining the second set of regions for the start of operations of the Visa Information System (VIS) (2), the eighth region where the collection and transmission of data to the VIS for all applications should start comprises Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela. |
| --- | --- |

(1)

According to Commission Implementing Decision 2012/274/EU of 24 April 2012 determining the second set of regions for the start of operations of the Visa Information System (VIS) (2), the eighth region where the collection and transmission of data to the VIS for all applications should start comprises Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela.

| (2) | The Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) of the VIS Regulation to the VIS for all applications in this region, including arrangements for the collection and/or transmission of the data on behalf of another Member State. |
| --- | --- |

(2)

The Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) of the VIS Regulation to the VIS for all applications in this region, including arrangements for the collection and/or transmission of the data on behalf of another Member State.

| (3) | The condition laid down by the first sentence of Article 48(3) of the VIS Regulation thus being fulfilled, it is therefore necessary to determine the date from which the VIS is to start operations in an eighth region. |
| --- | --- |

(3)

The condition laid down by the first sentence of Article 48(3) of the VIS Regulation thus being fulfilled, it is therefore necessary to determine the date from which the VIS is to start operations in an eighth region.

| (4) | In view of the need to set the date for the start of the VIS in the very near future, this Decision should enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(4)

In view of the need to set the date for the start of the VIS in the very near future, this Decision should enter into force on the day of its publication in the Official Journal of the European Union.

| (5) | Given that the VIS Regulation builds upon the Schengen acquis, Denmark notified the implementation of the VIS Regulation in its national law in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community. Denmark is therefore bound under international law to implement this Decision. |
| --- | --- |

(5)

Given that the VIS Regulation builds upon the Schengen acquis, Denmark notified the implementation of the VIS Regulation in its national law in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community. Denmark is therefore bound under international law to implement this Decision.

| (6) | This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3). The United Kingdom is therefore not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3). The United Kingdom is therefore not bound by it or subject to its application.

| (7) | This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (4). Ireland is therefore not bound by it or subject to its application. |
| --- | --- |

(7)

This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (4). Ireland is therefore not bound by it or subject to its application.

| (8) | As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (6) on certain arrangements for the application of that Agreement. |
| --- | --- |

(8)

As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (6) on certain arrangements for the application of that Agreement.

| (9) | As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8). |
| --- | --- |

(9)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

| (10) | As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10). |
| --- | --- |

(10)

As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

| (11) | As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession. |
| --- | --- |

(11)

As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

| (12) | As regards Bulgaria and Romania, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession. |
| --- | --- |

(12)

As regards Bulgaria and Romania, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession.

| (13) | As regards Croatia, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession, |
| --- | --- |

(13)

As regards Croatia, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession,

HAS ADOPTED THIS DECISION:

Article 1

The Visa Information System shall start operations in the eighth region determined by Implementing Decision 2012/274/EU on 5 September 2013.

Article 2

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

Article 3

This Decision shall apply in accordance with the Treaties.

Done at Brussels, 20 August 2013.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 218, 13.8.2008, p. 60.

1

(2)  
  OJ L 134, 24.5.2012, p. 20.

2

(3)  
  OJ L 131, 1.6.2000, p. 43.

3

(4)  
  OJ L 64, 7.3.2002, p. 20.

4

(5)  
  OJ L 176, 10.7.1999, p. 36.

5

(6)  
  OJ L 176, 10.7.1999, p. 31.

6

(7)  
  OJ L 53, 27.2.2008, p. 52.

7

(8)  
  OJ L 53, 27.2.2008, p. 1.

8

(9)  
  OJ L 160, 18.6.2011, p. 21.

9

(10)  
  OJ L 160, 18.6.2011, p. 19.

10

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21.8.2013

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EN

Official Journal of the European Union

L 223/s3

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NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

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21.8.2013

EN

Official Journal of the European Union

L 223/s3

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NOTE TO READERS — WAY OF REFERRING TO ACTS

As of 1 July 2013 the way of referring to acts has changed.

During a transitional period this new practice will coexist with the previous one.

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